Constitution of The Republic of Korea - History

History

South Korea's first 1948 Constitution, drafted by Doctor Yu Jin-oh, provided for central control under the President. It was originally based on the Weimar system, in which the president was elected indirectly. It has been amended nine times and almost fully rewritten five times (constitutions of 1960, 1962, 1972, 1980, 1987). In 1919, the Provisional Government of the Republic of Korea promulgated a constitution of Korea, but it was ineffective in Colonial Korea. See also: Division of Korea.

The 1948 Constitution was first amended in 1952 ahead of President 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.

Facing widespread public protests against these moves, the Second Republic began with the more democratic 1960 Constitution, creating a cabinet, a bicameral legislature, an election commission, and a constitutional commission. It also provided for elections for supreme court justices and provincial governors, as well as natural law-based individual rights.

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, with additional similarities to the United States Constitution, such as nominal judicial review functions. In 1972, Park extended his rule with the Fourth Republic constitution, called the Yusin Constitution, providing for an indefinite presidential term and more centralized power.

After Park was assassinated in 1979, the Fifth Republic began with the 1980 Constitution under President Chun Doo-hwan, providing for a somewhat weaker president, indirectly elected, a unicameral legislature, and a cabinet system.

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.

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