Republic of Korea 1948 Constitution (reviewed 1987) - Page 5 of 12

Table of Contents

CHAPTER IV. THE EXECUTIVE

PART 1. THE PRESIDENT

Article 66

The President shall be the Head of State and represent the State vis-a-vis foreign states.
The President shall have the responsibility and duty to safeguard the independence, territorial integrity and continuity of the State and the Constitution.
The President shall have the duty to pursue sincerely the peaceful unification of the homeland.
Executive power shall be vested in the Executive Branch headed by the President.

Article 67

The President shall be elected by universal, equal, direct and secret ballot by the people.
In case two or more persons receive the same largest number of votes in the election as referred to in Paragraph (1), the person who receives the largest number of votes in an open session of the National Assembly attended by a majority of the total members of the National Assembly shall be elected.
If and when there is only one presidential candidate, he shall not be elected President unless he receives at least one third of the total eligible votes.
Citizens who are eligible for election to the National Assembly, and who have reached the age of forty years or more on the date of the presidential election, shall be eligible to be elected to the presidency.
Matters pertaining to presidential elections shall be determined by law.

Article 68

The successor to the incumbent President shall be elected seventy to thirty days before his term expires.
In case a vacancy occurs in the office of the President or the President-elect dies, or is disqualified by a court ruling or for any other reason, a successor shall be elected within sixty days.

Article 69

The President, at the time of his inauguration, shall take the following oath: “I do solemnly swear before the people that I will faithfully execute the duties of the President by observing the Constitution, defending the State, pursuing the peaceful unification of the homeland, promoting the freedom and welfare of the people and endeavoring to develop national culture”.

Article 70

The term of office of the President shall be five years, and the President shall not be reelected.

Article 71

If the office of the presidency is vacant or the President is unable to perform his duties for any reason, the Prime Minister or the members of the State Council in the order of priority as determined by law shall act for him.

Article 72

The President may submit important policies relating to diplomacy, national defense, unification and other matters relating to the national destiny to a national referendum if he deems it necessary.

Article 73

The President shall conclude and ratify treaties; accredit, receive or dispatch diplomatic envoys; and declare war and conclude peace.

Article 74

The President shall be Commander-in-Chief of the Armed Forces as prescribed by the Constitution and law.
The organization and formation of the Armed Forces shall be determined by law.

Article 75

The President may issue presidential decrees concerning matters delegated to him by law with the scope specifically defined and also matters necessary to enforce laws.

Article 76

In time of internal turmoil, external menace, natural calamity or a grave financial or economic crisis, the President may take in respect to them the minimum necessary financial and economic actions or issue orders having the effect of law, only when it is required to take urgent measures for the maintenance of national security or public peace and order, and there is no time to await the convocation of the National Assembly.
In case of major hostilities affecting national security, the President may issue orders having the effect of law, only when it is required to preserve the integrity of the nation, and it is impossible to convene the National Assembly.
In case actions are taken or orders are issued under Paragraphs (1) and (2), the President shall promptly notify the National Assembly and obtain its approval.
In case no approval is obtained, the actions or orders shall lose effect forthwith. In such case, the laws which were amended or abolished by the orders in question shall automatically regain their original effect at the moment the orders fail to obtain approval.
The President shall, without delay, put on public notice developments under Paragraphs (3) and (4).

Article 77

When it is required to cope with a military necessity or to maintain the public safety and order by mobilization of the military forces in time of war, armed conflict or similar national emergency, the President may proclaim martial law as prescribed by law.
Martial law shall be of two types, extraordinary martial law and precautionary martial law.
Under extraordinary martial law, special measures may be taken with respect to the necessity for warrants, freedom of speech, the press, assembly and association, or the powers of the Executive and the Judiciary as prescribed by law.
When the President has proclaimed martial law, he shall notify the National Assembly without delay.
When the National Assembly requests the lifting of martial law with the concurrent vote of a majority of the total members of the National Assembly, the President shall comply.

Article 78

The President shall appoint public officials as prescribed by the Constitution and law.

Article 79

The President may grant amnesty, commutation and restoration of rights as prescribed by law.
The President shall receive the consent of the National Assembly in granting a general amnesty.
Matters pertaining to amnesty, commutation and restoration of rights shall be determined by law.

Article 80

The President shall award decorations and other honors as prescribed by law.

Article 81

The President may attend and address the National Assembly or express his views by written message.

Article 82

The acts of the President under law shall be executed in writing, and such documents shall be countersigned by the Prime Minister and the members of the State Council concerned. The same shall apply to military affairs.

Article 83

The President shall not concurrently hold the office of Prime Minister, a member of the State Council, the head of any Executive Ministry, nor other public or private posts as prescribed by law.

Article 84

The President shall not be charged with a criminal offense during his tenure of office except for insurrection or treason.

Article 85

Matters pertaining to the status and courteous treatment of former Presidents shall be determined by law.

PART 2. THE EXECUTIVE BRANCH

Section 1. The Prime Minister and Members of the State Council

Article 86

The Prime Minister shall be appointed by the President with the consent of the National Assembly.
The Prime Minister shall assist the President and shall direct the Executive Ministries under order of the President.
No member of the military shall be appointed Prime Minister unless he is retired from active duty.

Article 87

The members of the State Council shall be appointed by the President on the recommendation of the Prime Minister.
The members of the State Council shall assist the President in the conduct of State affairs and, as constituents of the State Council, shall deliberate on State affairs.
The Prime Minister may recommend to the President the removal of a member of the State Council from office.
No member of the military shall be appointed a member of the State Council unless he is retired from active duty.

Section 2. The State Council

Article 88

The State Council shall deliberate on important policies that fall within the power of the Executive.
The State Council shall be composed of the President, the Prime Minister, and other members whose number shall be no more than thirty and no less than fifteen.
The President shall be the chairman of the State Council, and the Prime Minister shall be the Vice-Chairman.

Article 89

The following matters shall be referred to the State Council for deliberation:

Basic plans for state affairs, and general policies of the Executive;
Declaration of war, conclusion of peace and other important matters pertaining to foreign policy;
Draft amendments to the Constitution, proposals for national referendums, proposed treaties, legislative bills, and proposed presidential decrees;
Budgets, closing of accounts, basic plans for disposal of state properties, contracts incurring financial obligation on the State, and other important financial matters;
Emergency orders and emergency financial and economic actions or orders by the President, and declaration and termination of martial law;
Important military affairs;
Requests for convening an extraordinary session of the National Assembly;
Awarding of honors;
Granting of amnesty, commutation and restoration of rights;
Demarcation of jurisdiction between Executive Ministries;
Basic plans concerning delegation or allocation of powers within the Executive;
Evaluation and analysis of the administration of state affairs;
Formulation and coordination of important policies of each Executive Ministry;
Action for the dissolution of a political party;
Examination of petitions pertaining to executive policies submitted or referred to the Executive;
Appointment of the Prosecutor General, the Chairman of the Joint Chiefs of Staff, the Chief of Staff of each armed service, the presidents of national universities, ambassadors, and such other public officials and managers of important state-run enterprises as designated by law; and
Other matters presented by the President, the Prime Minister or a member of the State Council.

Article 90

An Advisory Council of Elder Statesmen, composed of elder statesmen, may be established to advise the President on important affairs of state.
The immediate former President shall become the Chairman of the Advisory Council of Elder Statesmen: except that, if there is no immediate former President, the President shall appoint the Chairman.
The organization, function and other necessary matters pertaining to the Advisory Council of Elder Statesmen shall be determined by law.

Article 91

A National Security Council shall be established to advise the President on the formulation of foreign, military and domestic policies related to national security prior to their deliberation by the State Council.
The meetings of the National Security Council shall be presided over by the President.
The organization, function and other necessary matters pertaining to the National Security Council shall be determined by law.

Article 92

An Advisory Council on Democratic and Peaceful Unification may be established to advise the President on the formulation of peaceful unification policy.
The organization, function and other necessary matters pertaining to the Advisory Council on Democratic and Peaceful Unification shall be determined by law.

Article 93

A National Economic Advisory Council may be established to advise the President on the formulation of important policies for developing the national economy.
The organization, function and other necessary matters pertaining to the National Economic Advisory Council shall be determined by law.

Section 3. The Executive Ministries

Article 94

Heads of Executive Ministries shall be appointed by the President from among members of the State Council on the recommendation of the Prime Minister.

Article 95

The Prime Minister or the head of each Executive Ministry may, under the powers delegated by law or Presidential Decree, or ex officio, issue ordinances of the Prime Minister or the Executive Ministry concerning matters that are within their jurisdiction.

Article 96

The establishment, organization and function of each Executive Ministry shall be determined by law.

Section 4. The Board of Audit and Inspection

Article 97

A Board of Audit and Inspection shall be established under the direct jurisdiction of the President to inspect and examine the settlement of the revenues and expenditures of the State, the accounts of the State and other organizations specified by law and the job performances of the executive agencies and public officials.

Article 98

The Board of Audit and Inspection shall be composed of no less than five and no more than eleven members, including the Chairman.
The Chairman of the Board shall be appointed by the President with the consent of the National Assembly. The term of office of the Chairman shall be four years, and he may be reappointed only once.
The members of the Board shall be appointed by the President on the recommendation of the Chairman. The term of office of the members shall be four years, and they may be reappointed only once.

Article 99

The Board of Audit and Inspection shall inspect the closing of accounts of revenues and expenditures each year, and report the results to the President and the National Assembly in the following year.

Article 100

The organization and function of the Board of Audit and Inspection, the qualifications of its members, the range of the public officials subject to inspection and other necessary matters shall be determined by law.