Constitution

Republic of Korea 1948 Constitution (reviewed 1987)

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Table of Contents

CHAPTER II. RIGHTS AND DUTIES OF CITIZENS

Article 10

All citizens shall be assured of human worth and dignity and have the right to pursue happiness. It shall be the duty of the State to confirm and guarantee the fundamental and inviolable human rights of individuals.

Article 11

  1. All citizens shall be equal before the law, and there shall be no discrimination in political, economic, societal or cultural life on account of sex, religion or social status.
  2. No privileged caste shall be recognized or ever established in any form.
  3. The awarding of decorations or distinctions of honor in any form shall be effective only for recipients, and no privileges shall ensue therefrom.

Article 12

  1. All citizens shall enjoy personal liberty. No person shall be arrested, detained, searched, seized or interrogated except as provided by law. No person shall be punished, placed under preventive restrictions or subject to involuntary labor except as provided by law and through lawful procedures.
  2. No citizen shall be tortured or be compelled to testify against himself in criminal cases.
  3. Warrants issued by a judge through due procedures upon the request of a prosecutor shall be presented in case of arrest, detention, seizure or search: except that, in case where a criminal suspect is apprehended flagrante delicto, or where there is danger that a person suspected of committing a crime punishable by imprisonment of three years or more may escape or destroy evidence, investigative authorities may request an ex post facto warrant.
  4. Any person who is arrested or detained shall have the right to prompt assistance of counsel. When a criminal defendant is unable to secure counsel by his own efforts, the State shall assign counsel for the defendant as prescribed by law.
  5. No person shall be arrested or detained without being informed of the reason therefor and of his right to assistance of counsel. The family, etc., as designated by law, of a person arrested or detained shall be notified without delay of the reason for and the time and place of the arrest or detention.
  6. Any person who is arrested or detained shall have the right to request the court to review the legality of the arrest or detention.
  7. In a case where a confession is deemed to have been made against a defendant’s will due to torture, violence, intimidation, unduly prolonged arrest, deceit or etc., or in a case where a confession is the only evidence against a defendant in a formal trial, such a confession shall not be admitted as evidence of guilt nor shall a defendant be punished by reason of such a confession.

Article 13

  1. No citizen shall be prosecuted for an act which does not constitute a crime under the law in force at the time it was committed, nor shall he be placed in double jeopardy.
  2. No restrictions shall be imposed upon the political rights of any citizen, nor shall any person be deprived of property rights by means of retroactive legislation.
  3. No citizen shall suffer unfavorable treatment on account of an act not of his own doing but committed by a relative.

Article 14

All citizens shall enjoy freedom of residence and the right to move all will.

Article 15

All citizens shall enjoy freedom of occupation.

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Article 16

All citizens shall be free from intrusion into their place of residence. In case of search or seizure in a residence, a warrant issued by a judge upon request of a prosecutor shall be presented.

Article 17

The privacy of no citizen shall be infringed.

Article 18

The privacy of correspondence of no citizen shall be infringed.

Article 19

All citizens shall enjoy freedom of conscience.

Article 20

  1. All citizens shall enjoy freedom of religion.
  2. No state religion shall be recognized, and church and state shall be separated.

Article 21

  1. All citizens shall enjoy freedom of speech and the press, and freedom of assembly and association.
  2. Licensing or censorship of speech and the press, and licensing of assembly and association shall not be recognized.
  3. The standards of news service and broadcast facilities and matters necessary to ensure the functions of newspapers shall be determined by law.
  4. Neither speech nor the press shall violate the honor or rights of other persons nor undermine public morals or social ethics. Should speech or the press violate the honor or rights of other persons, claims may be made for the damage resulting therefrom.

Article 22

  1. All citizens shall enjoy freedom of learning and the arts.
  2. The rights of authors, inventors, scientists, engineers and artists shall be protected by law.

Article 23

  1. The right of property of all citizens shall be guaranteed. The contents and limitations thereof shall be determined by law.
  2. The exercise of property rights shall conform to the public welfare.
  3. Expropriation, use or restriction of private property from public necessity and compensation therefor shall be governed by law. However, in such a case, just compensation shall be paid.

Article 24

All citizens shall have the right to vote as prescribed by law.

Article 25

All citizens shall have the right to hold public office as prescribed by law.

Article 26

  1. All citizens shall have the right to petition in writing to any governmental agency as prescribed by law.
  2. The State shall be obligated to examine all such petitions.

Article 27

  1. All citizens shall have the right to be tried in conformity with the law by judges qualified under the Constitution and the law.
  2. Citizens who are not on active military service or employees of the military forces shall not be tried by a court martial within the territory of the Republic of Korea except in case of crimes prescribed by law involving important classified military information, sentinels, sentry posts, the supply of harmful food and beverages, prisoners of war and military articles and facilities and in the case of the proclamation of extraordinary martial law.
  3. All citizens shall have the right to a speedy trial. The accused shall have the right to a public trial without delay in the absence of justifiable reasons to the contrary.
  4. The accused shall be presumed innocent until a judgment of guilt has been pronounced.
  5. A victim of a crime shall be entitled to make a statement during the proceedings of the trial of the case involved as prescribed by law.

Article 28

In a case where a criminal suspect or an accused person who has been placed under detention is not indicated as provided by law or is acquitted by a court, he shall be entitled to claim just compensation from the State as prescribed by law.

Article 29

  1. In case a person has sustained damages by an unlawful act committed by a public official in the course of official duties, he may claim just compensation from the State or public organization as prescribed by law. In this case, the public official concerned shall not be immune from liabilities.
  2. In case a person on active military service or an employee of the military forces, a police official or others as prescribed by law sustains damages in connection with the performance of official duties such as combat action, drill and so forth, he shall not be entitled to a claim against the State or public organization on the grounds of unlawful acts committed by public officials in the course of official duties, but shall be entitled only to compensations as prescribed by law.

Article 30

Citizens who have suffered bodily injury or death due to criminal acts of others may receive aid from the State as prescribed by law.

Article 31

  1. All citizens shall have an equal right to receive an education corresponding to their abilities.
  2. All citizens who have children to support shall be responsible at least for their elementary education and other education as provided by law.
  3. Compulsory education shall be free.
  4. Independence, professionalism and political impartiality of education and the autonomy of institutions of higher learning shall be guaranteed as prescribed by law.
  5. The State shall promote lifelong education.
  6. Fundamental matters pertaining to the educational system, including in-school and lifelong education, administration, finance, and the status of teachers shall be determined by law.

Article 32

  1. All citizens shall have the right to work. The State shall endeavor to promote the employment of workers and to guarantee optimum wages through social and economic means and shall enforce a minimum wage system as prescribed by law.
  2. All citizens shall have the duty to work. The State shall prescribe by law the extent and conditions of the duty to work in conformity with democratic principles.
  3. Standards of working conditions shall be determined by law in such a way as to guarantee human dignity.
  4. Special protection shall be accorded to working women and they shall not be subjected to unjust discrimination in terms of employment, wages and working conditions.
  5. Special protection shall be accorded to working children.
  6. The opportunity to work shall be accorded preferentially, as prescribed by law, to those who have given distinguished service to the State, wounded veterans and policemen, and members of the bereaved families of military servicemen and policemen killed in action.

Article 33

  1. To enhance working conditions, workers shall have the right to independent association, collective bargaining and collective action.
  2. Only those public officials who are designated by law shall have the right to association, collective bargaining and collective action.
  3. The right to collective action of workers employed by important defense industries may be either restricted or denied as prescribed by law.

Article 34

  1. All citizens shall be entitled to a life worthy of human beings.
  2. The State shall have the duty to endeavor to promote social security and welfare.
  3. The State shall endeavor to promote the welfare and rights of women.
  4. The State shall have the duty to implement policies for enhancing the welfare of senior citizens and the young.
  5. Citizens who are incapable of earning a livelihood due to a physical disability, disease, old age or other reasons shall be protected by the State as prescribed by law.
  6. The State shall endeavor to prevent disasters and to protect citizens from harm therefrom.

Article 35

  1. All citizens shall have the right to a healthy and pleasant environment. The State and all citizens shall endeavor to protect the environment.
  2. The substance of the environmental right shall be determined by law.
  3. The State shall endeavor to ensure comfortable housing for all citizens through housing development policies and the like.

Article 36

  1. Marriage and family life shall be entered into and sustained on the basis of individual dignity and equality of the sexes, and the State shall do everything in its power to achieve that goal.
  2. The State shall endeavor to protect mothers.
  3. The health of all citizens shall be protected by the State.

Article 37

  1. Freedoms and rights of citizens shall not be neglected on the grounds that they are not enumerated in the Constitution.
  2. The freedoms and rights of citizens may be restricted by law only when necessary for national security, the maintenance of law and order or for public welfare. Even when such restriction is imposed, no essential aspect of the freedom or right shall be violated.

Article 38

All citizens shall have the duty to pay taxes as prescribed by law.

Article 39

  1. All citizens shall have the duty of national defense as prescribed by law.
  2. No citizen shall be treated unfavorably on account of the fulfillment of his obligation of military service.

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