Motives for writing constitution, Preamble, Source of constitutional authority
Reference to country's history
We the people of Korea, proud of a resplendent history and traditions dating from time immemorial, upholding the cause of the Provisional Republic of Korea Government born of the March First Independence Movement of 1919 and the democratic ideals of the April Nineteenth Uprising of 1960 against injustice, having assumed the mission of democratic reform and peaceful unification of our homeland and having determined to consolidate national unity with justice, humanitarianism and brotherly love, and
To destroy all social vices and injustice, and
To afford equal opportunities to every person and provide for the fullest development of individual capabilities in all fields, including political, economic, civic and cultural life by further strengthening the free democratic basic order conducive to private initiative and public harmony, and
To help each person discharge those duties and responsibilities concomitant to freedoms and rights, and
To elevate the quality of life for all citizens and contribute to lasting world peace and the common prosperity of mankind and thereby to ensure security, liberty and happiness for ourselves and our posterity forever,
Do hereby amend, through national referendum following a resolution by the National Assembly, the Constitution, ordained and established on the Twelfth Day of July anno Domini Nineteen hundred and forty-eight, and amended eight times subsequently.
The Day of October anno Domini Nineteen hundred and eighty-seven.
CHAPTER II. RIGHTS AND DUTIES OF CITIZENS
Human dignity, Inalienable rights
All citizens shall be assured of human worth and dignity and have the right to pursue happiness. It shall be the duty of the State to confirm and guarantee the fundamental and inviolable human rights of individuals.
Equality regardless of gender, Equality regardless of social status, Equality regardless of religion, General guarantee of equality
All citizens shall be equal before the law, and there shall be no discrimination in political, economic, societal or cultural life on account of sex, religion or social status.
Mentions of social class
No privileged caste shall be recognized or ever established in any form.
- The awarding of decorations or distinctions of honor in any form shall be effective only for recipients, and no privileges shall ensue therefrom.
Regulation of evidence collection, Prohibition of slavery
All citizens shall enjoy personal liberty. No person shall be arrested, detained, searched, seized or interrogated except as provided by law. No person shall be punished, placed under preventive restrictions or subject to involuntary labor except as provided by law and through lawful procedures.
Protection from self-incrimination, Prohibition of torture
No citizen shall be tortured or be compelled to testify against himself in criminal cases.
Protection from unjustified restraint, Regulation of evidence collection
Warrants issued by a judge through due procedures upon the request of a prosecutor shall be presented in case of arrest, detention, seizure or search: except that, in case where a criminal suspect is apprehended flagrante delicto, or where there is danger that a person suspected of committing a crime punishable by imprisonment of three years or more may escape or destroy evidence, investigative authorities may request an ex post facto warrant.
Right to counsel
Any person who is arrested or detained shall have the right to prompt assistance of counsel. When a criminal defendant is unable to secure counsel by his own efforts, the State shall assign counsel for the defendant as prescribed by law.
- No person shall be arrested or detained without being informed of the reason therefor and of his right to assistance of counsel. The family, etc., as designated by law, of a person arrested or detained shall be notified without delay of the reason for and the time and place of the arrest or detention.
Protection from unjustified restraint
Any person who is arrested or detained shall have the right to request the court to review the legality of the arrest or detention.
Regulation of evidence collection
In a case where a confession is deemed to have been made against a defendant's will due to torture, violence, intimidation, unduly prolonged arrest, deceit or etc., or in a case where a confession is the only evidence against a defendant in a formal trial, such a confession shall not be admitted as evidence of guilt nor shall a defendant be punished by reason of such a confession.
Protection from ex post facto laws
Principle of no punishment without law, Prohibition of double jeopardy
No citizen shall be prosecuted for an act which does not constitute a crime under the law in force at the time it was committed, nor shall he be placed in double jeopardy.
- No restrictions shall be imposed upon the political rights of any citizen, nor shall any person be deprived of property rights by means of retroactive legislation.
- No citizen shall suffer unfavorable treatment on account of an act not of his own doing but committed by a relative.
Freedom of movement
All citizens shall enjoy freedom of residence and the right to move all will.
Right to choose occupation
All citizens shall enjoy freedom of occupation.
Right to privacy, Regulation of evidence collection
All citizens shall be free from intrusion into their place of residence. In case of search or seizure in a residence, a warrant issued by a judge upon request of a prosecutor shall be presented.
Right to privacy
The privacy of no citizen shall be infringed.
Right to privacy
The privacy of correspondence of no citizen shall be infringed.
Freedom of opinion/thought/conscience
All citizens shall enjoy freedom of conscience.
Freedom of religion
All citizens shall enjoy freedom of religion.
Official religion, Separation of church and state
No state religion shall be recognized, and church and state shall be separated.
Freedom of assembly, Freedom of expression, Freedom of press, Freedom of association
- All citizens shall enjoy freedom of speech and the press, and freedom of assembly and association.
State operation of the media
Licensing or censorship of speech and the press, and licensing of assembly and association shall not be recognized.
- The standards of news service and broadcast facilities and matters necessary to ensure the functions of newspapers shall be determined by law.
Right to protect one's reputation
Neither speech nor the press shall violate the honor or rights of other persons nor undermine public morals or social ethics. Should speech or the press violate the honor or rights of other persons, claims may be made for the damage resulting therefrom.
Reference to art
- All citizens shall enjoy freedom of learning and the arts.
Provisions for intellectual property, Reference to science
The rights of authors, inventors, scientists, engineers and artists shall be protected by law.
Right to own property
The right of property of all citizens shall be guaranteed. The contents and limitations thereof shall be determined by law.
- The exercise of property rights shall conform to the public welfare.
Protection from expropriation
Expropriation, use or restriction of private property from public necessity and compensation therefor shall be governed by law. However, in such a case, just compensation shall be paid.
Restrictions on voting, Claim of universal suffrage
All citizens shall have the right to vote as prescribed by law.
All citizens shall have the right to hold public office as prescribed by law.
Right of petition
- All citizens shall have the right to petition in writing to any governmental agency as prescribed by law.
- The State shall be obligated to examine all such petitions.
- All citizens shall have the right to be tried in conformity with the law by judges qualified under the Constitution and the law.
Establishment of military courts, Emergency provisions
Citizens who are not on active military service or employees of the military forces shall not be tried by a court martial within the territory of the Republic of Korea except in case of crimes prescribed by law involving important classified military information, sentinels, sentry posts, the supply of harmful food and beverages, prisoners of war and military articles and facilities and in the case of the proclamation of extraordinary martial law.
Right to public trial, Right to speedy trial
All citizens shall have the right to a speedy trial. The accused shall have the right to a public trial without delay in the absence of justifiable reasons to the contrary.
Presumption of innocence in trials
The accused shall be presumed innocent until a judgment of guilt has been pronounced.
Protection of victim's rights
A victim of a crime shall be entitled to make a statement during the proceedings of the trial of the case involved as prescribed by law.
Protection from false imprisonment
In a case where a criminal suspect or an accused person who has been placed under detention is not indicated as provided by law or is acquitted by a court, he shall be entitled to claim just compensation from the State as prescribed by law.
Ultra-vires administrative actions
In case a person has sustained damages by an unlawful act committed by a public official in the course of official duties, he may claim just compensation from the State or public organization as prescribed by law. In this case, the public official concerned shall not be immune from liabilities.
- In case a person on active military service or an employee of the military forces, a police official or others as prescribed by law sustains damages in connection with the performance of official duties such as combat action, drill and so forth, he shall not be entitled to a claim against the State or public organization on the grounds of unlawful acts committed by public officials in the course of official duties, but shall be entitled only to compensations as prescribed by law.
Citizens who have suffered bodily injury or death due to criminal acts of others may receive aid from the State as prescribed by law.
Access to higher education
All citizens shall have an equal right to receive an education corresponding to their abilities.
- All citizens who have children to support shall be responsible at least for their elementary education and other education as provided by law.
Compulsory education, Free education
Compulsory education shall be free.
Right to academic freedom
Independence, professionalism and political impartiality of education and the autonomy of institutions of higher learning shall be guaranteed as prescribed by law.
- The State shall promote lifelong education.
- Fundamental matters pertaining to the educational system, including in-school and lifelong education, administration, finance, and the status of teachers shall be determined by law.
Right to work
All citizens shall have the right to work. The State shall endeavor to promote the employment of workers and to guarantee optimum wages through social and economic means and shall enforce a minimum wage system as prescribed by law.
Duty to work
All citizens shall have the duty to work. The State shall prescribe by law the extent and conditions of the duty to work in conformity with democratic principles.
Right to safe work environment, Human dignity
Standards of working conditions shall be determined by law in such a way as to guarantee human dignity.
- Special protection shall be accorded to working women and they shall not be subjected to unjust discrimination in terms of employment, wages and working conditions.
Rights of children, Limits on employment of children
Special protection shall be accorded to working children.
- The opportunity to work shall be accorded preferentially, as prescribed by law, to those who have given distinguished service to the State, wounded veterans and policemen, and members of the bereaved families of military servicemen and policemen killed in action.
Right to join trade unions, Right to strike
- To enhance working conditions, workers shall have the right to independent association, collective bargaining and collective action.
- Only those public officials who are designated by law shall have the right to association, collective bargaining and collective action.
- The right to collective action of workers employed by important defense industries may be either restricted or denied as prescribed by law.
Right to reasonable standard of living
All citizens shall be entitled to a life worthy of human beings.
- The State shall have the duty to endeavor to promote social security and welfare.
- The State shall endeavor to promote the welfare and rights of women.
State support for the elderly, State support for children
The State shall have the duty to implement policies for enhancing the welfare of senior citizens and the young.
State support for the disabled, State support for the elderly
Citizens who are incapable of earning a livelihood due to a physical disability, disease, old age or other reasons shall be protected by the State as prescribed by law.
- The State shall endeavor to prevent disasters and to protect citizens from harm therefrom.
Protection of environment
All citizens shall have the right to a healthy and pleasant environment. The State and all citizens shall endeavor to protect the environment.
- The substance of the environmental right shall be determined by law.
- The State shall endeavor to ensure comfortable housing for all citizens through housing development policies and the like.
Provision for matrimonial equality, Human dignity
Marriage and family life shall be entered into and sustained on the basis of individual dignity and equality of the sexes, and the State shall do everything in its power to achieve that goal.
- The State shall endeavor to protect mothers.
Right to health care
The health of all citizens shall be protected by the State.
- Freedoms and rights of citizens shall not be neglected on the grounds that they are not enumerated in the Constitution.
- The freedoms and rights of citizens may be restricted by law only when necessary for national security, the maintenance of law and order or for public welfare. Even when such restriction is imposed, no essential aspect of the freedom or right shall be violated.
Duty to pay taxes
All citizens shall have the duty to pay taxes as prescribed by law.
Duty to serve in the military
- All citizens shall have the duty of national defense as prescribed by law.
- No citizen shall be treated unfavorably on account of the fulfillment of his obligation of military service.
CHAPTER III. THE NATIONAL ASSEMBLY
Structure of legislative chamber(s)
The legislative power shall be vested in the National Assembly.
First chamber selection
Claim of universal suffrage, Secret ballot
The National Assembly shall be composed of members elected by universal, equal, direct and secret ballot by the citizens.
Size of first chamber
The number of members of the National Assembly shall be determined by law, but the number shall not be less than 200.
- The constituencies of members of the National Assembly, proportional representation and other matters pertaining to National Assembly elections shall be determined by law.
Term length for first chamber
The term of office of members of the National Assembly shall be four years.
Outside professions of legislators
Members of the National Assembly shall not concurrently hold any other office prescribed by law.
Immunity of legislators
- During the sessions of the National Assembly, no member of the National Assembly shall be arrested or detained without the consent of the National Assembly except in case of flagrante delicto.
- In case of apprehension or detention of a member of the National Assembly prior to the opening of a session, such member shall be released during the session upon the request of the National Assembly, except in case of flagrante delicto.
Immunity of legislators
No member of the National Assembly shall be held responsible outside the National Assembly for opinions officially expressed or votes cast in the Assembly.
- Members of the National Assembly shall have the duty to maintain high standards of integrity.
- Members of the National Assembly shall give preference to national interests and shall perform their duties in accordance with conscience.
- Members of the National Assembly shall not acquire, through abuse of their positions, rights and interests in property or positions, or assist other persons to acquire the same, by means of contracts with or dispositions by the State, public organizations or industries.
Extraordinary legislative sessions
- A regular session of the National Assembly shall be convened once every year as prescribed by law, and extraordinary sessions of the National Assembly shall be convened upon the request of the President or one fourth or more of the total members.
Length of legislative sessions
The period of regular sessions shall not exceed a hundred days and of extraordinary sessions thirty days.
- If the President requests the convening of an extraordinary session, the period of the session and the reasons for the request shall be clearly specified.
Leader of first chamber
The National Assembly shall elect one Speaker and two Vice-Speakers.
Quorum for legislative sessions
Except as otherwise provided for in the Constitution or in law, the attendance of a majority of the total members, and the concurrent vote of a majority of the members present, shall be necessary for decisions of the National Assembly. In case of a tie vote, the matter shall be regarded as rejected.
Public or private sessions
Sessions of the National Assembly shall be open to the public: except that, when it is decided so by a majority of the members present, or when the Speaker deems it necessary to do so for the sake of national security, they may be closed to the public.
Publication of deliberations
The public disclosure of the proceedings of sessions which were not open to the public shall be determined by law.
Bills and other matters submitted to the National Assembly for deliberation shall not be abandoned on the ground that they were not acted upon during the session in which they were introduced, except in a case where the term of the members of the National Assembly has expired.
Initiation of general legislation
Bills may be introduced by members of the National Assembly or by the Executive.
Approval or veto of general legislation
- Each bill passed by the National Assembly shall be sent to the Executive, and the President shall promulgate it within fifteen days.
- In case of objection to the bill, the President may, within the period referred to in Paragraph (1), return it to the National Assembly with written explanation of his objection, and request it be reconsidered. The President may do the same during adjournment of the National Assembly.
- The President shall not request the National Assembly to reconsider the bill in part, or with proposed amendments.
Veto override procedure
In case there is a request for reconsideration of a bill, the National Assembly shall reconsider it, and if the National Assembly repasses the bill in the original form with the attendance of more than one half of the total members, and with a concurrent vote of two thirds or more of the members present, it shall become law.
- If the President does not promulgate the bill, or does not request the National Assembly to reconsider it within the period referred to in Paragraph (1), it shall become law.
- The President shall promulgate without delay the law as finalized under Paragraphs (4) and (5). If the President does not promulgate a law within five days after it has become law under Paragraph (5), or after it has been returned to the Executive under Paragraph (4), the Speaker shall promulgate it.
- Except as provided otherwise, a law shall take effect twenty days after the date of promulgation.
- The National Assembly shall deliberate and decide upon the national budget bill.
- The Executive shall formulate the budget bill for each fiscal year and submit it to the National Assembly within ninety days before the beginning of a fiscal year. The National Assembly shall decide upon it within thirty days before the beginning of the fiscal year.
- If the budget bill is not passed by the beginning of the fiscal year, the Executive may, in conformity with the budget of the previous fiscal year, disburse funds for the following purposes until the budget bill is passed by the National Assembly:
- The maintenance and operation of agencies and facilities established by the Constitution or law;
- Execution of the obligatory expenditures as prescribed by law; and
- Continuation of projects previously approved in the budget.
- In a case where it is necessary to make continuing disbursements for a period longer than one fiscal year, the Executive shall obtain the approval of the National Assembly for a specified period of time.
- A reserve fund shall be approved by the National Assembly in total. The disbursement of the reserve fund shall be approved during the next session of the National Assembly.
When it is necessary to amend the budget, the Executive may formulate a supplementary revised budget bill and submit it to the National Assembly.
The National Assembly shall, without the consent of the Executive, neither increase the sum of any item of expenditure nor create any new items of expenditure in the budget submitted by the Executive.
When the Executive plans to issue national bonds or to conclude contracts which may incur financial obligations on the State outside the budget, it shall have the prior concurrence of the National Assembly.
Types and rates of taxes shall be determined by law.
International law, Treaty ratification, International organizations
The National Assembly shall have the right to consent to the conclusion and ratification of treaties pertaining to mutual assistance or mutual security; treaties concerning important international organizations; treaties of friendship, trade and navigation; treaties pertaining to any restriction in sovereignty; peace treaties; treaties which will burden the State or people with an important financial obligation; or treaties related to legislative matters.
Power to declare/approve war
The National Assembly shall also have the right to consent to the declaration of war, the dispatch of armed forces to foreign states, or the stationing of alien forces in the territory of the Republic of Korea.
Legislative oversight of the executive
- The National Assembly may inspect affairs of state or investigate specific matters of state affairs, and may demand the production of documents directly related thereto, the appearance of a witness in person and the furnishing of testimony or statements of opinion.
- The procedures and other necessary matters concerning the inspection and investigation of state administration shall be determined by law.
Legislative oversight of the executive
The Prime Minister, members of the State Council or government delegates may attend meetings of the National Assembly or its committees and report on the state administration or deliver opinions and answer questions.
- When requested by the National Assembly or its committees, the Prime Minister, members of the State Council or government delegates shall attend any meeting of the National Assembly and answer questions. If the Prime Minister or State Council members are requested to attend, the Prime Minister or State Council members may have State Council members or government delegates attend any meeting of the National Assembly and answer questions.
Cabinet removal, Head of government removal
- The National Assembly may pass a recommendation for the removal of the Prime Minister or a State Council member from office.
- A recommendation for removal as referred to in Paragraph (1) may be introduced by one third or more of the total members of the National Assembly, and shall be passed with the concurrent vote of a majority of the total members of the National Assembly.
Removal of individual legislators
- The National Assembly may establish the rules of its proceedings and internal regulations, provided that they are not in conflict with law.
- The National Assembly may review the qualifications of its members and may take disciplinary actions against its members.
- The concurrent vote of two thirds or more of the total members of the National Assembly shall be required for the expulsion of any member.
- No action shall be brought to court with regard to decisions taken under Paragraphs (2) and (3).
Constitutional court removal, Cabinet removal, Supreme/ordinary court judge removal, Head of state removal, Head of government removal
- In case the President, the Prime Minister, members of the State Council, heads of Executive Ministries, judges of the Constitution Court, judges, members of the Central Election Management Committee, members of the Board of Audit and Inspection, and other public officials designated by law have violated the Constitution or other laws in the performance of official duties, the National Assembly may pass motions for their impeachment.
- A motion for impeachment prescribed in Paragraph (1) may be proposed by one third or more of the total members of the National Assembly, and shall require a concurrent vote of a majority of the total members of the National Assembly for passage: except that, a motion for the impeachment of the President shall be proposed by a majority of the total members of the National Assembly and approved by two thirds or more of the total members of the National Assembly.
- Any person against whom a motion for impeachment has been passed shall be suspended from exercising his power until the impeachment has been adjudicated.
- A decision on impeachment shall not extend further than removal from public office. However, it shall not exempt the person impeached from civil or criminal liability.
CHAPTER V. THE COURTS
- Judicial power shall be vested in courts composed of judges.
Structure of the courts
The courts shall be composed of the Supreme Court, which is the highest court of the State, and other courts at specified levels.
Eligibility for const court judges, Eligibility for ordinary court judges, Eligibility for supreme court judges
Qualifications for judges shall be determined by law.
- Departments may be established in the Supreme Court.
Number of supreme court judges
There shall be Supreme Court Justices at the Supreme Court: except that, judges other than Supreme Court Justices may be assigned to the Supreme Court as prescribed by law.
Number of supreme court judges
The organization of the Supreme Court and lower courts shall be determined by law.
Judges shall rule independently according to their conscience and in conformity with the Constitution and law.
Supreme court selection
- The Chief Justice of the Supreme Court shall be appointed by the President with the consent of the National Assembly.
- 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.
Ordinary court selection
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.
Supreme court term length, Supreme court term limits
- The term of office of the Chief Justice shall be six years and he shall not be reappointed.
- The term of office of the Justices of the Supreme Court shall be six years and they may be reappointed as prescribed by law.
Ordinary court term limits, Ordinary court term length
The term of office of judges other than the Chief Justice and Justices of the Supreme Court shall be ten years, and they may be reappointed as prescribed by law.
Mandatory retirement age for judges
The retirement age of judges shall be determined by law.
Supreme/ordinary court judge removal
Protection of judges' salaries
No judge shall be removed from office except by impeachment or a sentence of imprisonment or heavier punishment, nor shall he be suspended from office, have his salary reduced or suffer any other unfavorable treatment except by disciplinary action.
- In the event a judge is unable to discharge his official duties because of serious mental or physical impairment he may be retired from office as prescribed by law.
Constitutionality of legislation
When the constitutionality of a law is at issue in a trial, the court shall request a decision of the Constitution Court, and shall judge according to the decision thereof.
- The Supreme Court shall have the power to make a final review of the constitutionality or legality of administrative decrees, regulations or actions, when their constitutionality or legality is at issue in a trial.
- Administrative appeals may be conducted as a procedure prior to a judicial trial. The procedure of administrative appeals shall be determined by law and shall be in conformity with the principles of judicial procedures.
The Supreme Court may establish, within the scope of law, regulations pertaining to judicial proceedings and internal discipline and regulations on administrative matters of the court.
Trials and decisions of the courts shall be open to the public: provided that, when there is a danger that such trials may undermine the national security or disturb public safety and order, or be harmful to public morals, trials may be closed to the public by court decision.
Establishment of military courts
- Courts-martial may be established as special courts to exercise jurisdiction over military trials.
- The Supreme Court shall have the final appellate jurisdiction over courts-martial.
- The organization and authority of courts-martial, and the qualifications of their judges shall be determined by law.
- 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 law in regard to sentinels, sentry posts, supply of harmful foods and beverages, and prisoners of war, except in the case of a death sentence.
Establishment of constitutional court
CHAPTER VI. THE CONSTITUTION COURT
Constitutional interpretation, Constitutional court removal, Head of state removal, Supreme/ordinary court judge removal, Municipal government, Cabinet removal, Head of government removal, Constitutionality of legislation, Constitutional court powers
The Constitution Court shall adjudicate the following matters:
- The constitutionality of a law upon the request of the courts;
- Dissolution of a political party;
- Disputes about the jurisdictions between State agencies, between State agencies and local governments and between local governments; and
- Petitions relating to the Constitution as prescribed by law.
Constitutional court selection, Eligibility for const court judges
The Constitution Court shall be composed of nine adjudicators qualified to be court judges, and they shall be appointed by the President.
Constitutional court selection
Among the adjucators referred to in Paragraph (2), three shall be appointed from persons selected by the National Assembly, and three appointed from persons nominated by the Chief Justice.
Constitutional court selection
The head of the Constitution Court shall be appointed by the President from among the adjucators with the consent of the National Assembly.
Constitutional court term length
The term of office of the adjudicators of the Constitution Court shall be six years and they may be reappointed as prescribed by law.
Eligibility for const court judges
The adjudicators of the Constitution Court shall not join any political party, nor shall they participate in political activities.
Constitutional court removal
No adjudicator of the Constitution Court shall be expelled from office except by impeachment or a sentence of imprisonment or heavier punishment.
Head of state removal, Supreme/ordinary court judge removal, Cabinet removal, Head of government removal, Constitutionality of legislation, Constitutional court removal, Constitutional interpretation
When the Constitution Court makes a decision on the unconstitutionality of a law, impeachment, dissolution of a political party or a petition relating to the Constitution, the concurrence of six adjudicators or more shall be required.
- The Constitution Court may establish regulations related to its proceedings and internal discipline and regulations on administrative matters within the limits of law.
- The organization, function and other necessary matters of the Constitution Court shall be determined by law.
CHAPTER IX. THE ECONOMY
Right to competitive marketplace
- The economic order of the Republic of Korea shall be based on a respect for the freedom and creative initiative of enterprises and individuals in economic affairs.
- The State may regulate and coordinate economic affairs in order to maintain the balanced growth and stability of the national economy, to ensure proper distribution of income, to prevent the domination of the market and the abuse of economic power and to democratize the economy through harmony among the economic agents.
Ownership of natural resources
- Licenses to exploit, develop or utilize minerals and all other important underground resources, marine resources, water power, and natural powers available for economic use may be granted for a period of time as prescribed by law.
- The land and natural resources shall be protected by the State, and the State shall establish a plan necessary for their balanced development and utilization.
Ownership of natural resources
- The State shall endeavor to realize the land-to-the-tillers principle with respect to agricultural land. Tenant farming shall be prohibited.
- The leasing of agricultural land and the consignment management of agricultural land to increase agricultural productivity and to ensure the rational utilization of agricultural land or due to unavoidable circumstances, shall be recognized as prescribed by law.
The State may impose, as prescribed by law, restrictions or obligations necessary for the efficient and balanced utilization, development and preservation of the land of the nation that is the basis for the productive activities and daily lives of all citizens.
- The State shall establish and implement a plan to comprehensively develop and support the farm and fishing communities in order to protect and foster agriculture and fisheries.
- The State shall have the duty to foster regional economies to ensure the balanced development of all regions.
- The State shall protect and foster small and medium enterprises.
- In order to protect the interests of farmers and fishermen, the State shall endeavor to stabilize the prices of agricultural and fishery products by maintaining an equilibrium between the demand and supply of such products and improving their marketing and distribution systems.
- The State shall foster organizations founded on the spirit of self-help among farmers, fishermen and businessmen engaged in small and medium industry and shall guarantee their independent activities and development.
Protection of consumers
The State shall, as prescribed by law, guarantee the consumer protection movement intended to encourage sound consumption activities and improvement in the quality of products.
The state shall foster foreign trade, and may regulate and coordinate it.
Private enterprises shall not be nationalized nor transferred to ownership by a local government, nor shall their management be controlled or administered by the State, except in cases as prescribed by law to meet urgent necessities of national defense or the national economy.
- The State shall strive to develop the national economy by developing science and technology, information and human resources and encouraging innovation.
- The State shall establish a system of national standards.
- The President may establish advisory organizations necessary to achieve the purpose referred to in Paragraph (1).
Constitution amendment procedure
CHAPTER X. AMENDMENTS TO THE CONSTITUTION
- A proposal to amend the Constitution shall be introduced either by a majority of the total members of the National Assembly or by the President.
- Amendments to the Constitution for the extension of the term of office of the President or for a change allowing for the reelection of the President shall not be effective for the President in office at the time of the proposal for such amendments to the Constitution.
Proposed amendments to the Constitution shall be put before the public by the President for twenty days or more.
- The National Assembly shall decide upon the proposed amendments within sixty days of the public announcement, and passage by the National Assembly shall require the concurrent vote of two thirds of the total members of the National Assembly.
- The proposed amendments to the Constitution shall be submitted to a national referendum not later than thirty days after passage by the National Assembly, and shall be determined by more than one half of all votes cast by more than one half of voters eligible to vote in elections for members of the National Assembly.
- When the proposed amendments to the Constitution receive the concurrence prescribed in Paragraph (2), the amendments to the Constitution shall be finalized, and the President shall promulgate it without delay.
This Constitution shall enter into force as of the twenty-fifth day of February, anno Domini Nineteen hundred and eighty-eight: except that, the enactment or amendment of laws necessary to implement this Constitution, the elections of the President and the National Assembly under this Constitution and other preparations to implement this Constitution may be carried out prior to the entry into force of this Constitution.
- The first presidential election under this Constitution shall be held not later than forty days before this Constitution enters into force.
- The term of office of the first President under this Constitution shall commence on the date of its enforcement.
- The first elections of the National Assembly under this Constitution shall be held within six months from the promulgation of this Constitution. The term of office of the members of the first National Assembly elected under this Constitution shall commence on the date of the first convening of the National Assembly under this Constitution.
- The term of office of the members of the National Assembly incumbent at the time this Constitution is promulgated shall terminate the day prior to the first convening of the National Assembly under Paragraph (1).
- Public officials and officers of enterprises appointed by the Government, who are in office at the time of the enforcement of this Constitution, shall be considered as having been appointed under this Constitution: except that, public officials whose election procedures or appointing authorities are changed under this Constitution, the Chief Justice of the Supreme Court and the Chairman of the Board of Audit and Inspection shall remain in office until such time as their successors are chosen under this Constitution, and their terms of office shall terminate the day before the installation of their successors.
- Judges attached to the Supreme Court who are not the Chief Justice or Justices of the Supreme Court and who are in office at the time of the enforcement of this Constitution shall be considered as having been appointed under this Constitution notwithstanding the proviso of Paragraph (1).
- Those provisions of this Constitution which prescribe the terms of office of public officials or which restrict the number of terms that public officials may serve shall take effect upon the dates of the first elections or the first appointments of such public officials under this Constitution.
International law, Legal status of treaties
Laws, decrees, ordinances and treaties in force at the time this Constitution enters into force shall remain valid unless they are contrary to this Constitution.
Those organizations existing at the time of the enforcement of this Constitution which have been performing the functions falling within the authority of new organizations to be created under this Constitution shall continue to exist and perform such functions until such time as the new organizations are created under this Constitution.