South Korea's first 1948 Constitution, drafted by Dr. Chin-O Yu (), framed an
assembly-independent republic. It gave the president to act as the head of state, be elected indirectly by the
National Assembly, and share executive power with the cabinet. The Constitutional Charter of the
Provisional Government of the Republic of Korea of 1919 became the forerunner of 1948 Constitution. In the case of the first constitution, it was stipulated that the Republic of Korea was operated as a presidential system. At first sight, it seemed that the executive power was the most powerful among the executive, judicial, and legislative branches, but the president's term of office was set at four years and the administration's authority was checked by being elected through the National Assembly. In addition, an
impeachment court was established as well as a Constitutional Committee to allow the judiciary to check bureaucrats. Through this, a structure that is easy to check between the legislature, the administration, and the judiciary was formed, centering on the head of the administration. The 1948 Constitution was first amended in 1952 ahead of
Syngman Rhee's re-election, providing for direct presidential elections and a bicameral legislature. It was passed with procedural irregularities after fierce debate. In 1954, Rhee again forced an amendment, removing term limits for himself and emphasizing a capitalistic economic model. During the first constitutional amendment made during the Syngman Rhee administration, the National Assembly, the direct election of the president and vice-president, and the National Assembly's no-confidence system to the State Council were established. With the adoption of the direct election system, the National Assembly's authority over the head of the administration decreased rather than the indirect election system, but the non-confidence system of the State Council strengthened the authority that the National Assembly can have over the entire administration. However, at the time of the second constitutional amendment, the restriction on the middle term was abolished only for the first president, and the authority was concentrated on the administration, especially the president. In addition, the abolition of the prime minister system strengthened the president's authority, and the legislative and judicial branches had relatively weaker power than the administration. Due to this revision, the structure of check between the legislature, the judiciary, and the administration, which was aimed at in the first constitution, has weakened. 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 parliamentary system. The 1960 Constitution provided for a figurehead president, 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. So, after the Syngman Rhee administration, through the constitutional amendment made in the Jang Myeon cabinet, the authority of the enlarged administration was reduced, and the authority of the legislature and judiciary was strengthened. As the previously operated presidential system was converted to the cabinet responsibility system, the authority of the head of the administration was reduced, and the independence of the judiciary was improved as the election of the Supreme Court and the Chief Justice was operated in a direct election. At the same time, the constitutional court, which has jurisdiction over unconstitutional legislative examination and other constitutional affairs, was established, and the structure of the judiciary was expanded. 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 document returned to a presidential system. It had a number of similarities to the
United States Constitution, such as
presidential elections held by the National Assembly in the event of a tie and carrying out
judicial review by the ordinary Supreme Court instead of a specialized Constitutional Court, though in practice
military government would continue in some form until democratization. In 1972, Park extended his rule with the
Fourth Republic's constitution, called the
Yushin Constitution, which gave the president sweeping (almost dictatorial) powers and permitted him to run for an unlimited number of six-year terms. In the 5th amendment carried out during the Park Chung-hee regime, the presidential-centered system and the monolithic National Assembly were adopted. This made it possible to quickly process legislation between the legislature and the administration, but since the Park Chung-hee regime seized power through a military coup, collusion between the administration and the legislature was facilitated. In addition, at this time, the structure of the judiciary was partially reduced as the Constitutional Court was abolished and the right to examine unconstitutional laws was transferred to the court. In the 6th amendment that took place afterwards, the continued tenure of the president was extended from the second to the third term, and at the same time, the requirements for impeachment against the president were strengthened. As a result, as in the Syngman Rhee administration, the authority of the administration, especially the president, increased, and at the same time, the authority of the National Assembly was weakened. In addition, in the 7th amendment, the State Council for Unification Subjects was newly established, and the authority of the president was strengthened compared to the 6th amendment, and at the same time, the contents of these powers were also described in the Constitution. After Park was assassinated in 1979, the
Fifth Republic began with the 1980 Constitution under President
Chun Doo-hwan. The president's powers were curbed somewhat. He was limited to a single seven-year term, with no possibility of reelection. As with the Yushin Constitution, it provided for a presidential
electoral college and a
semi-presidential system of government. Critically, however, the President retained the right to suspend civil liberties and
rule by decree. During the Chun Doo-hwan administration, the 8th amendment was made. First, the tenure of the president, which was previously extended to three terms, was reduced to a single term of 7 years, and the president's authority was relatively reduced compared to the Park Chung-hee administration. In addition, the National Assembly was given the right to investigate the state affairs, and the power of the legislature was partially strengthened. With the pro-democratic protests of 1987 (
June Democracy Movement), 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 percent in a national referendum on October 28, taking effect on February 25, 1988, when
Roh Tae-Woo was inaugurated as president. The president's powers were curtailed and the constitutional court was restored. During the Roh Tae-woo administration, the 9th amendment that took place afterwards occurred. At this time, the president's term of office was set to a single five-year term, and the president's authority was reduced compared to the previous regime. In addition, the right to dissolve the National Assembly and take emergency measures that the president held was abolished, and the re-establishment of the Constitutional Court, which disappeared during the Park Chung-hee administration, reduced the authority of the enlarged administration, expanded the structure of the judiciary, and laid the foundation for a balance between legislation, administration, and the judiciary. Since then, discussions on constitutional amendment have been conducted during the Kim Moon Jae In administration, which took power after Kim Young-sam, Kim Kim Dae Jung, Kim Roh Moo Hyun, and Kim Park Geun Hye administrations. At that time, President Moon Jae In proposed a constitutional amendment on March 26, 2018, and the main contents include 'related to the full text of the constitution and basic rights', 'related to decentralization and economy', and 'related to the form of government and the election system'. According to the related media report BBC NEWS KOREA (2018.03.19.), "Does the preamble of the constitution specify the spirit of the democratization movement?", "Do you want to exclude 'national security' among the reasons for restricting the basic rights of the people?" and "Do you want to clarify that the Republic of Korea aims to become a decentralized state in the constitution?" and "Will the subject of rights be changed from 'people' to 'people?' and "To what extent will the president's term of office be limited/extended?" and "How will the public concept of land be embodied?" It seems that the main issues were 'inheritance of the spirit of the April 19 Revolution and 5.18 Gwangju Democratic Uprising', 'new capital provisions', 'expansion of the subject of basic rights', 'new right to life', and 'new information basic rights'. Among them, the part that newly established the national recall system and the national initiative system is seen as an intention to check the authority of lawmakers to some extent. In addition, this amendment had a provision to change the president's term from a single five-year term to a four-year two-term system, which left room for the president's term to be extended, while the president's amnesty right was reduced, which can be seen as reducing the president's authority in some areas. However, such amendments were not passed by the National Assembly, and the constitutional amendment was canceled.
Amendment of the Constitution of South Korea == Succession of spirit ==