Korean, Edit

Introduction to the Constitution

Recommended Article: 【Introduction to Law】 Introduction to Law Table of Contents


1. Constitution of the Republic of Korea

2. Foreign Constitutions

3. Constitutional Court

4. History of the Constitution



1. Constitution of the Republic of Korea

⑴ Article 53 of the Constitution

① The president must promulgate a bill passed by the National Assembly within 15 days or exercise the ‘request for reconsideration’ right.

⑵ Article 84 of the Constitution

① The president has criminal immunity.

② The statute of limitations is suspended while the president is in office.

③ However, impeachment of the president has the effect of confiscation of trial costs.

⑶ Customary Constitution

① The fact that Seoul is the capital of the Republic of Korea : Because of this, attempts to relocate the administrative capital to Sejong City have failed.

⑷ In 2008, the Constitutional Court ruled as ‘constitutional’ the provision prohibiting lawyers from using the title ‘tax accountant.’

Constitution and the National Assembly of the Republic of Korea



2. Foreign Constitutions

⑴ United States Constitution

① Amendment 14, Section 3

○ Anyone who, after taking an oath to uphold the Constitution, engages in rebellion or insurrection, or gives aid to its enemies, cannot serve as a member of Congress, elector for President and Vice President, or hold any office in federal or state governments.

⑵ New Zealand Constitution

① According to the New Zealand Constitution, New Zealand and Australia can become one country at any time if New Zealand expresses intention.

② In 2023, the Australian government allowed New Zealand citizens residing in Australia for more than 4 years to acquire citizenship immediately without obtaining permanent residency.



3. Constitutional Court

Authority 1. Constitutional Complaint

① Can be reviewed when an individual’s basic rights are violated

Authority 2. Competence Dispute Judgment

① Comparison between competence dispute judgment and preliminary injunction

○ A system to request judgment from the Constitutional Court in case of disputes over powers between state agencies or local governments

○ Preliminary injunction : A procedure where the Constitutional Court suspends the effect of a disposition (amended law) by the respondent (National Assembly) before the main judgment (competence dispute) is made

⑶ Judgment of Unconstitutionality

Type 1. Simple Unconstitutionality : Declares the clause itself unconstitutional because it clearly contradicts the explicit provisions of the Constitution or the essence of the system, and decides to delete it entirely

Type 2. Limited Unconstitutionality : Declares the court’s interpretation unconstitutional while leaving the legal clause intact

③ The Supreme Court does not acknowledge limited unconstitutionality



4. History of the Constitution

⑴ Rule of the Son of Heaven and Mandate of Heaven (East Asia)

⑵ Free citizens and Assembly system in Ancient Greece

① At that time, free citizens referred to adult males from a small ruling class who owned slaves

⑶ Magna Carta

① A feudal contract document established in the early 13th century when British nobles resisted royal absolutism, setting obligations the king must observe (1215); it legally regulated royal power and greatly contributed to the development of modern constitutionalism

② Ultimately, constitutional systems arose from deep distrust toward those in power

⑷ Progressivism : A new era emerged based on social development and awakening of human consciousness

⑸ Civil Revolutions - English Puritan Revolution: Became a catalyst for the Glorious Revolution

⑹ Glorious Revolution (1688) : Supplemented the feudal legal system and became a trigger for modern constitutionalism

⑺ Modern Constitutionalism

① Constitutionalism : A system that puts the monarch’s arbitrary power under the regulation of law and parliament, advocating justice and order by the citizen class

② Modern Constitutionalism : A philosophy to guarantee citizens’ human rights by placing political power under the control of law, especially the constitution, backed by the power of citizens

③ A political system invented by the modern bourgeois class to replace the monarch’s arbitrary rule with rule of law

⑻ U.S. Declaration of Independence (1776)



Input: 2023.12.20 22:48

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