Last Change:
05/21/2025
Constitution of the Republic of Korea
Year: 1948
Type: Domestic law
Rights Category: Asylum, Education, Freedom of movement, Health, Housing, land & property, Liberty & security of person, Nationality & facilitated naturalization, Social protection, Work & Workplace rights, Family life, Documentation
Description
The Constitution of the Republic of Korea establishes the country's legal framework, defining its governmental structure and the rights and duties of its citizens. It does not explicitly address refugees, or stateless persons and primarily refers to "citizens" when granting protections and obligations. However, the Constitution does mention aliens in Article 6, Section II, stating that the status of aliens shall be guaranteed as prescribed by international law and treaties.
Selected provisions
(1) Departments may be established in the Supreme Court.
(2) There shall be Supreme Court Justices at the Supreme Court: Provided, That judges other than Supreme Court Justices may be assigned to the Supreme Court under the conditions as prescribed by Act.
(3) The organization of the Supreme Court and lower courts shall be determined by Act.
Judges shall rule independently according to their conscience and in conformity with the Constitution and laws.
(1) The Chief Justice of the Supreme Court shall be appointed by the President with the consent of the National Assembly.
(2) The Supreme Court Justices shall be appointed by the President on the recommendation of the Chief Justice and with the consent of the National Assembly.
(3) Judges other than the Chief Justice and the Supreme Court Justices shall be appointed by the Chief Justice with the consent of the Conference of Supreme Court Justices.
(1) Courts-martial may be established as special courts to exercise jurisdiction over military trials.
(2) The Supreme Court shall have the final appellate jurisdiction over courts-martial.
(3) The organization and authority of courts-martial, and the qualifications of their judges shall be determined by Act.
(4) Military trials under an extraordinary martial law may not be appealed in case of crimes of soldiers and employees of the military; military espionage; and crimes as defined by Act in regard to sentinels, sentry posts, supply of harmful foods and beverages, and prisoners of war, except in the case of a death sentence.
(1) Local governments shall deal with administrative matters pertaining to the welfare of local residents, manage properties, and may enact provisions relating to local autonomy, within the limit of Acts and subordinate statutes.
(2) The types of local governments shall be determined by Act.