The Constitution of the Republic of Korea (Korean: 대한민국 헌법 ; Hanja: 大韓民國憲法 ) is the supreme law of South Korea. It was promulgated on July 17, 1948, and last revised on October 29, 1987.
The preamble of the Constitution of South Korea states that the documt was established in the spirit of upholding the cause of the Provisional Republic of Korea Governmt,
The Korean governmt exiled after the imposition of Japanese colonial rule of Korea. As such, the founding documt of the provisional governmt—The Provisional Charter of Korea—serves as the basis for the currt constitution.
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Promulgated in 1919, the charter first gave the country the Republic of Korea name and laid out the ideas forming the backbone of later South Korean constitutions.
South Korea's first 1948 Constitution, drafted by Dr. Chin-O Yu (Hangul: 유진오; Hanja 兪鎭午), framed a presidtial system mixed with a parliamtary system. It gave the presidt to act as the head of state, be elected indirectly by the National Assembly, and share executive power with the cabinet.
The 1948 Constitution was first amded in 1952 ahead of Syngman Rhee's re-election, providing for direct presidtial elections and a bicameral legislature. It was passed with procedural irregularities after fierce debate. In 1954, Rhee again forced an amdmt, removing term limits for himself and emphasizing a capitalistic economic model.
Constitution Of South Korea
Rhee was overthrown in 1960 following widespread protests against his increasingly authoritarian rule. Partly in response to Rhee's abuses, the Second Republic turned to a parliamtary system. The 1960 Constitution provided for a figurehead presidt, a bicameral legislature, a cabinet headed by a prime minister, an election commission, and a constitutional court. It also provided for elections for supreme court justices and provincial governors, as well as natural law-based individual rights.
With the May 16 coup of Park Chung Hee in 1961, the 1960 version was nullified, and in 1962, the Third Republic's Constitution was passed. The documt returned to a presidtial system. It had a number of similarities to the United States Constitution, such as presidtial elections held by the National Assembly in the evt of a tie and carrying out judicial review by the ordinary Supreme Court instead of a specialized Constitutional Court, though in practice military governmt would continue in some form until democratization. In 1972, Park extded his rule with the Fourth Republic's constitution, called the Yushin Constitution, which gave the presidt sweeping (almost dictatorial) powers and permitted him to run for an unlimited number of six-year terms.
After Park was assassinated in 1979, the Fifth Republic began with the 1980 Constitution under Presidt Chun Doo-hwan. The presidt's powers were curbed somewhat. He was limited to a single sev-year term, with no possibility of reelection. As with the Yushin Constitution, it provided for a presidtial electoral college and a semi-presidtial system of governmt. Critically, however, the Presidt retained the right to suspd civil liberties and rule by decree.
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With the pro-democratic protests of 1987 (June Democracy Movemt), the 1988 Constitution of the Sixth Republic was passed. The constitutional bill was passed by the National Assembly on October 12, 1987, and approved by 93 perct in a national referdum on October 28, taking effect on February 25, 1988, wh Roh Tae-Woo was inaugurated as presidt. The presidt's powers were curtailed and the constitutional court was restored.
We, the people of Korea, proud of a respldt history and traditions dating from time immemorial, upholding the cause of the Provisional Republic of Korea Governmt born of the March First Indepdce Movemt of 1919 and the democratic ideals of the April Nineteth Uprising of 1960 against injustice, having assumed the mission of democratic reform and peaceful unification of our homeland and having determined to consolidate national unity with justice.
The spirit of April Nineteth and March 1st Movemt is stipulated in the preamble of the Constitution of South Korea. However, it took a long time to be established. The contts of the April Revolution were removed on the fifth amdmt, and these were included in the preamble on the sixth amdmt, idtified with May 16 coup. After the ninth amdmt, the spirit of the April Revolution was excepted from the preamble, and it was included for the Resistance ideology for protection of democratic constitution on the 10th amdmt.
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Consisting of a preamble, 130 articles, and supplemtary provisions, the Constitution provides for an executive branch headed by a presidt and an appointed prime minister, a unicameral legislature called the National Assembly, and a judiciary consisting of the Constitutional Court, Supreme Court and lower courts.
Chapter I provides geral constitutional ground for the Republic of Korea itself and citizs. Chapter II provides basic rights for individuals. Other following Chapters from III to VII describe constitutional institutions constituting national governance structure of the Republic of Korea; for example, parliamt as the National Assembly (Chapter III), executive branch as the Presidt and the Prime Minister (Chapter IV), ordinary courts and military courts including the Supreme Court of Korea (Chapter V), constitutional court as Constitutional Court of Korea (Chapter VI), indepdt electoral managemt institution as the National Election Commission (Chapter VII). Also, Chapter VIII provides constitutional ground for local governmts and their autonomy. Chapter IX address geral provisions for economic system of the Republic of Korea. Finally, Chapter X stipulates procedure for amdmt on the Constitution.
The Presidt is elected by a first-past-the-post voting system and limited to a single five-year term. The Prime Minister is appointed by the Presidt with the const of the National Assembly. The Presidt also appoints members of the State Council, the Cabinet, on the advice of the Prime Minister, as well as Cabinet Ministers on the advice of the Prime Minister from among the members of the State Council.
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The National Assembly consists of at least 200 (prestly 300) members elected to four-year terms. The Supreme Court's chief justice and Presidt of the Constitutional Court are appointed by the Presidt of South Korea with const of the National Assembly. Supreme Court Justices other than the Chief Justice (exact number is set by statute) are appointed by the Presidt of South Korea on the recommdation of the chief justice with the approval of the National Assembly. Also, Constitutional Court Justices other than the Presidt of the Court are appointed by the Presidt of South Korea upon nomination of equal portions from the National Assembly, the Supreme Court Chief Justice and themselves. The Presidt of the Constitutional Court of South Korea serves a six-year term.
The Constitution declares South Korea a democratic republic (took from Article 1 of Constitutional Charter of the Provisional Governmt of the Republic of Korea of 1919),
Its territory consisting of the Korean Pinsula and its adjact islands, and that The Republic of Korea shall seek unification and shall formulate and carry out a policy of peaceful unification based on the principles of freedom and democracy. There are disputes over what freedom and democracy are in Korean, but the direct translation of the Korean word used in the constitution Korean: 자유민주적 기본질서 would be liberal democracy.
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South Korean Bill of Rights (or fundamtal right) is Constitution CHAPTER 2. RIGHTS AND DUTIES OF CITIZS (4-687) Individuals may not be punished, placed under prevtive restrictions, or subjected to involuntary labor except as provided by law. Those detained or arrested must be informed of the reason and of their right to an attorney, and family members must be informed. Warrants must be issued by a judge through due procedures, and accused persons may sue for wrongful arrest in certain cases.
In Article 119, stable and balanced growth rates, proper distribution of income, and prevting abuse of economic power are explicitly listed as goals of the governmt. The regulatory goal to democratize the economy through harmony among economic agts in the same article reflects the strong prevalce of traditional Korean values and the close relationship betwe politics and the economy. Article 125 designates foreign trade as a strategic area to be fostered, regulated and coordinated by the governmt. The Constitution affirms both the right and the duty to work, requiring regulation of minimum wages and working conditions. Workers have the right to indepdt association, collective bargaining, and collective action.
Political neutrality is a constitutional convtion which provides that public servants should avoid activities likely to impair, or seem to impair, their political impartiality or the political impartiality of the public service.
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The political neutrality of South Korea's Constitution is guaranteed in the area of military, administration, and education. In the form of the guarantee of 'political neutrality', the constitution provides an objective legal system to guarantee political neutrality as an esstial elemt of the system, unlike the form of guarantee of basic rights.
Article 5 (2) of the Constitution stipulates that the ROK military shall fulfill the sacred duty of national security and defse of the nation, and its political neutrality shall be obeyed .
Education promotes the pottial of individuals so that individuals can develop their personality in each area of life. In view of the important functions of education, Article 31(6) of the Constitution stipulates to specify in the law about the basic laws and regulations about the education system
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