Government of South Korea
Encyclopedia
The Government of South Korea is divided into executive, judicial, and legislative branches. The executive and judicial branches operate primarily at the national level, although various ministries in the executive branch also carry out local functions. Local governments are semi-autonomous, and contain executive and legislative bodies of their own. The judicial branch operates at both the national and local levels.
The South Korean government's structure is determined by the Constitution of the Republic of Korea
Constitution of the Republic of Korea
The Constitution of the Republic of Korea is its basic law. It was promulgated on July 17, 1948, and last revised in 1987.- History :...

. This document has been revised several times since its first promulgation in 1948 (for details, see History of South Korea
History of South Korea
The history of South Korea formally begins with the establishment of South Korea on 15 August 1948, although Syngman Rhee had declared the establishment in Seoul on 13 August....

). However, it has retained many broad characteristics; with the exception of the short-lived Second Republic of South Korea
Second Republic of South Korea
The Second Republic of South Korea was the government of South Korea for eight months in 1960 and 1961. It succeeded the First Republic, but was followed by a military government under the Supreme Council for National Reconstruction.-Establishment:...

, the country has always had a presidential system
Presidential system
A presidential system is a system of government where an executive branch exists and presides separately from the legislature, to which it is not responsible and which cannot, in normal circumstances, dismiss it....

 with a relatively independent chief executive. The current structure is a semi-presidential system
Semi-presidential system
The semi-presidential system is a system of government in which a president and a prime minister are both active participants in the day-to-day administration of the state...

.

As with most stable three-branch systems, a careful system of checks and balances is in place. For instance, the judges of the Constitutional Court are partially appointed by the executive, and partially by the legislature. Likewise, when a resolution of impeachment is passed by the legislature, it is sent to the judiciary for a final decision.

Executive branch

The executive branch is headed by the president
President of South Korea
The President of the Republic of Korea is, according to the Constitution of the Republic of Korea, chief executive of the government, commander-in-chief of the armed forces, and the head of state of the Republic of Korea...

. The president is elected directly
Direct election
Direct election is a term describing a system of choosing political officeholders in which the voters directly cast ballots for the person, persons or political party that they desire to see elected. The method by which the winner or winners of a direct election are chosen depends upon the...

 by the people, and is the only elected member of the national executive. The president serves for one five-year term; additional terms are not permitted. The president is head of government
Head of government
Head of government is the chief officer of the executive branch of a government, often presiding over a cabinet. In a parliamentary system, the head of government is often styled prime minister, chief minister, premier, etc...

, head of state
Head of State
A head of state is the individual that serves as the chief public representative of a monarchy, republic, federation, commonwealth or other kind of state. His or her role generally includes legitimizing the state and exercising the political powers, functions, and duties granted to the head of...

, and commander in chief of the South Korean armed forces. The president is vested with the power to declare war, and can also propose legislation to the National Assembly. He can also declare a state of emergency or martial law, subject to the Assembly's subsequent approval. However, the president does not have the power to dissolve the National Assembly. This safeguard reflects the experience of totalitarian governments under the First
First Republic of South Korea
The First Republic of South Korea was South Korea's first independent government, ruling the country from 1948 to 1960. It succeeded USAMGIK, the United States military government, which ruled the area from 1945 to 1948. The First Republic was established on August 15, 1948, with Syngman Rhee as...

, Third
Third Republic of South Korea
The Third Republic of South Korea was the government of South Korea from 1963 to 1972. It was presented as a return to civilian rule after a period of rule by the military junta known as the Supreme Council for National Reconstruction which had overthrown the Second Republic of South Korea in 1961...

, and Fourth
Fourth Republic of South Korea
The Fourth Republic was the government of South Korea between 1972 and 1981, regulated by the Yushin Constitution adopted in October 1972 and confirmed in a referendum on 21 November 1972. From 1972 to 1979, power was monopolized by Park Chung Hee and his Democratic Republican Party under the...

 Republics.

In the event that they are suspected of serious wrongdoing, the president and cabinet-level officials are subject to impeachment
Impeachment
Impeachment is a formal process in which an official is accused of unlawful activity, the outcome of which, depending on the country, may include the removal of that official from office as well as other punishment....

 by the National Assembly
National Assembly of South Korea
The National Assembly of the Republic of Korea is a 299-member unicameral legislature. The latest general elections were held on April 9, 2008. Single-member constituencies comprise 245 of the National Assembly's seats, while the remaining 54 are allocated by proportional representation...

. Once the National Assembly votes in favor of the impeachment
Impeachment
Impeachment is a formal process in which an official is accused of unlawful activity, the outcome of which, depending on the country, may include the removal of that official from office as well as other punishment....

 the Constitutional Court should either confirm or reject the impeachment
Impeachment
Impeachment is a formal process in which an official is accused of unlawful activity, the outcome of which, depending on the country, may include the removal of that official from office as well as other punishment....

 resolution, once again reflecting the system of checks and balances between the three branches of the government.

The president is assisted in his duties by the Prime Minister of South Korea
Prime Minister of South Korea
The Prime Minister of the Republic of Korea is appointed by the President with the National Assembly's approval. Unlike prime ministers in the parliamentary system, the Prime Minister of South Korea is not required to be a member of parliament....

 as well as the Presidential Secretariat. The Prime Minister is appointed by the president and approved by the National Assembly, and has the power to recommend the appointment or dismissal of cabinet ministers. The Prime Minister is assisted in his duties by the Prime Minister's Office, headed by a cabinet-level minister. In the event that the president is unable to fulfill his duties, the Prime Minister assumes the president's powers and takes control of the state until the president can once again fulfill his duties or until a new president is elected.

State Council

The State Council is made up of the president, the Prime Minister, and 16 cabinet-level ministers. All but 1 minister, the Minister for Special Affairs (특임장관, 特任長官), represent the 15 ministries of the South Korean government. The Council is charged with deliberating on major policy decisions. Its meetings are chaired by the president and officiated by the Prime Minister (the Prime Minister chairs the meetings if the President is not present). Although the Council has no power to make final decisions, the Constitution requires that certain matters be brought to it before final decisions are made. These include bestowals of state honors, drafts of constitutional amendments, declarations of war, budget proposals, government restructurings, and emergency orders.

Ministries

The ministers are appointed by the president and report to the Prime Minister. Also, some ministries have affiliated agencies (listed below), which reports both to the Prime Minister and to the minister of the affiliated ministry. Each affiliated agency is headed by a vice-minister-level commissioner.
  • Ministry of Strategy and Finance (기획재정부, 企劃財政部)
- National Tax Service (국세청, 國稅廳)
- Korea Customs Service (관세청, 關稅廳)
- Public Procurement Service (조달청, 調達廳)
- Statistics Korea (통계청, 統計廳)
  • Ministry of Education, Science and Technology (교육과학기술부, 敎育科學技術部)
  • Ministry of Foreign Affairs and Trade
    Ministry of Foreign Affairs and Trade (South Korea)
    The Ministry of Foreign Affairs and Trade is in charge of diplomacy for South Korea, as well as handling external trade and matters related to overseas Korean nationals. It was established on 17 July 1948. Until 1998, the ministry was known as the Ministry of Foreign Affairs; its jurisdiction over...

     (외교통상부, 外交通商部)
  • Ministry of Unification
    Ministry of Unification
    The Ministry of Unification is a branch of the South Korean government that is charged with working toward the reunification of Korea. It was first established in 1969 as the National Unification Board, under the rule of Park Chung-hee...

     (통일부, 統一部)
  • Ministry of Justice (법무부, 法務部)
- Prosecution Service (검찰청, 檢察廳)

e (South Korea)|Ministry of National Defense]] (국방부, 國防部)
- Defense Acquisition Program Administration (방위사업청, 防衛事業廳)
- Military Manpower Administration (병무청, 兵務廳)
  • Ministry of Public Administration and Security (행정안전부, 行政安全部)
- National Police Agency
National Police Agency (South Korea)
South Korea has a relatively unified and integrated approach law enforcement. For example, the National Police Agency provides all policing services throughout the country...

 (경찰청, 警察廳)
- National Emergency Management Agency (소방방재청, 消防防災廳)
  • Ministry of Culture, Sports and Tourism (문화체육관광부, 文化體育觀光部)
- Cultural Heritage Administration
Cultural Heritage Administration
The Cultural Heritage Administration or CHA, formerly the Cultural Properties Administration, is an agency of the South Korean government charged with preserving key aspects of the Korean cultural heritage. It is headquartered in the city of Daejeon at the Daejeon Government Complex...

 (문화재청, 文化財廳)
  • Ministry for Food, Agriculture, Forestry and Fisheries
    Ministry for Food, Agriculture, Forestry and Fisheries (South Korea)
    The Ministry for Food, Agriculture, Forestry and Fisheries is a cabinet-level division of the government of South Korea. It is headquartered at the national government complex in Gwacheon, south of Seoul...

     (농림수산식품부, 農林水産食品部)
- Rural Development Administration (농촌진흥청, 農村振興廳)
- Korea Forest Service
Korea Forest Service
The Korea Forest Service is charged with maintaining South Korea's forest lands. It is overseen by the Ministry of Agriculture and Forestry. The current chief is Ha young-Je. The agency is headquartered at the Daejeon Government Complex....

 (산림청, 山林廳)
  • Ministry of Knowledge Economy (지식경제부, 知識經濟部)
- Small and Medium Business Administration (중소기업청, 中小企業廳)
- Korean Intellectual Property Office
Korean Intellectual Property Office
The Korean Intellectual Property Office is the patent office and intellectual property office of South Korea. In 2000, the name of the office was changed from "Korean Industrial Property Office" to "Korean Intellectual Property Office". It is located in Daejeon Metropolitan City...

 (특허청, 特許廳)
  • Ministry of Health and Welfare (보건복지부, 保健福祉部)
- Korea Food and Drug Administration (식품의약품안전청, 食品醫藥品安全廳)
  • Ministry of Environment (환경부, 環境部)
- Korea Meteorological Administration
Korea Meteorological Administration
The Korea Meteorological Administration is the National Meteorological service for Korea. The service started in 1904 joining the WMO in 1956. Numerical Weather Prediction is performed using the Unified Model software suite.-External links:* * *...

 (기상청, 氣象廳)
  • Ministry of Employment and Labor
    Ministry of Labor (South Korea)
    South Korea's Ministry of Employment and Labor is a cabinet-level ministry overseeing labor affairs. Its predecessor agency, the Division of Labor, was established under the direction of the Minister of Social Affairs on 11 November 1948. It was upgraded to a cabinet ministry on 8 April 1981....

     (고용노동부, 雇用勞動部)
  • Ministry of Gender Equality and Family (여성가족부, 女性家族部)
  • Ministry of Land, Transport and Maritime Affairs (국토해양부, 國土海洋部)
- Korea Coast Guard (해양경찰청, 海洋警察廳)
- Multifunctional Administrative City Construction Agency (행정중심복합도시건설청, 行政中心複合都市建設廳)

※ Note that the respective ministers of the above ministries assume the president's position in the above order, in the event that the president cannot perform his duty and the prime minister cannot assume the president's position. Also note that the Constitution and the affiliated laws of the Republic of Korea stipulates only as far as the Prime Minister and the 15 ministers listed above who can assume the president's position.

Independent Agencies

The agencies listed below report directly either to the President or to the Prime Minister.
  • The following agencies report directly to the President:
- Board of Audit and Inspection (감사원, 監査院)
※ The chairperson of the board, charged with general administrative oversight, must be approved by the National Assembly to be appointed.
- National Intelligence Service
National Intelligence Service (South Korea)
The National Intelligence Service is the chief intelligence agency of South Korea. The agency was officially established in 1961 as the Korea Central Intelligence Agency , during the rule of President Park Chung-hee's military Supreme Council for National Reconstruction, which displaced the...

 (국가정보원, 國家情報院)
- Korea Communications Commission
Korea Communications Commission
Korea Communications Commission is a South Korean media regulation agency modeled after the Federal Communications Commission of the United States of America. It was established on February 29, 2008...

 (방송통신위원회, 放送通信委員會)
- National Science and Technology Commission (국가과학기술위원회, 國家科學技術委員會)
- National Security Council (국가안전보장회의, 國家安全保障會議)
- National Unification Advisory Council (민주평화통일자문회의, 民主平和統一諮問會議)
- National Economic Advisory Council (국민경제자문회의, 國民經濟諮問會議)
- Presidential Advisory Council on Education, Science and Technology (국가교육과학기술자문회의, 國家敎育科學技術諮問會議)

  • The following agencies report directly to the Prime Minister:
- Ministry of Government Legislation (법제처, 法制處)
- Ministry of Patriots and Veterans Affairs (국가보훈처, 國家報勳處)
- Fair Trade Commission
Fair Trade Commission (South Korea)
The Korea Fair Trade Commission is South Korea's regulatory authority for economic competition. It was established in 1981 within the Economic Planning Board. The establishing law was the Monopoly Regulation and Fair Trade Act , Law No. 3320, December 31, 1980...

 (공정거래위원회, 公正去來委員會)
- Financial Services Commission
Financial Services Commission (South Korea)
The Financial Services Commission , formerly Financial Supervisory Commission, is South Korean government's top financial regulator. It makes financial policies, and directs the Financial Supervisory Service....

 (금융위원회, 金融委員會)
- Anti-Corruption and Civil Rights Commission (국민권익위원회, 國民權益委員會)

Legislative branch

At the national level, the legislative branch consists of the National Assembly of South Korea
National Assembly of South Korea
The National Assembly of the Republic of Korea is a 299-member unicameral legislature. The latest general elections were held on April 9, 2008. Single-member constituencies comprise 245 of the National Assembly's seats, while the remaining 54 are allocated by proportional representation...

. This is a unicameral legislature; it consists of a single large assembly. Most of its 299 members are elected from single-member constituencies; however, 56 are elected through proportional representation
Proportional representation
Proportional representation is a concept in voting systems used to elect an assembly or council. PR means that the number of seats won by a party or group of candidates is proportionate to the number of votes received. For example, under a PR voting system if 30% of voters support a particular...

. The members of the National Assembly serve for four years; in the event that a member is unable to complete his or her term, a by-election
By-election
A by-election is an election held to fill a political office that has become vacant between regularly scheduled elections....

 is held.
The National Assembly is charged with deliberating and passing legislation, auditing the budget and administrative procedures, ratifying treaties, and approving state appointments. In addition, it has the power to impeach or recommend the removal of high officials.

The Assembly forms 17 standing committees to deliberate matters of detailed policy. For the most part, these coincide with the ministries of the executive branch.

Bills pass through these committees before they reach the floor. However, before they reach committee, they must already have gained the support of at least 20 members, unless they have been introduced by the president. To secure final passage, a bill must be approved by a majority of those present; a tie vote is not sufficient. After passage, bills are sent to the president for approval; they must be approved within 15 days.

Each year, the budget bill is submitted to the National Assembly by the executive. By law, it must be submitted at least 90 days before the start of the fiscal year, and the final version must be approved at least 30 days before the start of the fiscal year. The Assembly is also responsible for auditing accounts of past expenditures, which must be submitted at least 120 days before the start of the fiscal year.

Sessions of the Assembly may be either regular (once a year, for no more than 100 days) or extraordinary (by request of the president or a caucus, no more than 30 days). These sessions are open-door by default, but can be closed to the public by majority vote or by decree of the Speaker. In order for laws to be passed in any session, a quorum
Quorum
A quorum is the minimum number of members of a deliberative assembly necessary to conduct the business of that group...

 of half the members must be present.

Currently, five political parties are represented in the National Assembly.

Judicial branch

The judicial branch includes the Constitutional Court, the Supreme Court
Supreme Court of South Korea
The Supreme Court of Korea is the highest court in South Korea. It is located in Seoul.Articles 101-110 of the Constitution of the Republic of Korea establish the Supreme Court and enumerates its powers and responsibilities.-Composition:...

, regional appellate courts, and local district, branch, municipal, and specialized courts. All courts are under the jurisdiction of the national judiciary; independent local courts are not permitted. Judges throughout the system are required to have passed a rigorous training system including a two-year program and two-year apprenticeship. All judicial training is provided through the Judicial Research and Training Institute, and is limited to those who have already passed the National Judicial Examination.

The Constitutional Court is the head of the judicial branch of government. The Constitutional Court is charged purely with constitutional review and with deciding cases of impeachment
Impeachment
Impeachment is a formal process in which an official is accused of unlawful activity, the outcome of which, depending on the country, may include the removal of that official from office as well as other punishment....

. Other judicial matters are overseen by the Supreme Court
Supreme Court of South Korea
The Supreme Court of Korea is the highest court in South Korea. It is located in Seoul.Articles 101-110 of the Constitution of the Republic of Korea establish the Supreme Court and enumerates its powers and responsibilities.-Composition:...

. This system was newly established in the Sixth Republic
Sixth Republic of South Korea
The Sixth Republic of South Korea is the country's present-day government. It began in 1987, with the transfer of power from the authoritarian Fifth Republic of Chun Doo-hwan....

, to help guard against the excesses shown by past regimes. The Constitutional Court consists of nine justices. Of these, three are recommended by the Chief Justice of the Supreme Court
Chief Justice of the Republic of Korea
The Chief Justice of the Republic of Korea is the Chief Justice of the Supreme Court of Korea. The Chief Justice is considered the head of the judicial branch of the South Korean government.The current Chief Justice of the Republic of Korea is Lee Yong-hun....

, three by the National Assembly, and three by the president; however, all must be appointed by the president. The President of the Constitutional Court is appointed by the national president, subject to the approval of the National Assembly. The members of the court serve for six-year renewable terms, and cannot be older than 65 (except for the President of the court, who may be as old as 70).

The Supreme Court
Supreme Court of South Korea
The Supreme Court of Korea is the highest court in South Korea. It is located in Seoul.Articles 101-110 of the Constitution of the Republic of Korea establish the Supreme Court and enumerates its powers and responsibilities.-Composition:...

 is the final court of appeal for all cases in South Korean law. The Supreme Court, seated in Seoul
Seoul
Seoul , officially the Seoul Special City, is the capital and largest metropolis of South Korea. A megacity with a population of over 10 million, it is the largest city proper in the OECD developed world...

, consists of fourteen Justices, including one Chief Justice. The Chief Justice of the Supreme Court has the power over all court administration, and can recommend court-related legislation to the National Assembly. The Justices must be at least 40 years old, and have at least 15 years of experience practicing law. They serve for six-year terms; the Chief Justice cannot be reappointed, but the other justices can.

Below the Supreme Court come appellate courts, stationed in five of the country's major cities. Appellate courts typically consist of a panel of three judges. Below these are district courts, which exist in most of the large cities of South Korea. Below these are branch and municipal courts, positioned all over the country and limited to small claims and petty offenses. Specialized courts also exist for family, administrative, and patent cases.

Local government

Local autonomy was established as a constitutional principle of South Korea beginning with the First Republic
First Republic of South Korea
The First Republic of South Korea was South Korea's first independent government, ruling the country from 1948 to 1960. It succeeded USAMGIK, the United States military government, which ruled the area from 1945 to 1948. The First Republic was established on August 15, 1948, with Syngman Rhee as...

. However, for much of the 20th century this principle was not honored. From 1965 to 1995, local governments were run directly by provincial governments, which were run directly by the national government. However, since the elections of 1995, a degree of local autonomy has been restored. Local magistrates and assemblies are elected in each of the primary and secondary administrative divisions of South Korea
Administrative divisions of South Korea
||South Korea is divided into 8 provinces , 1 special autonomous province , 6 metropolitan cities , and 1 special city...

, that is, in every province, metropolitan or special city, and district. Officials at lower levels, such as eup and dong, are appointed by the city or county government.

As noted above, local autonomy does not extend to the judicial branch. It also does not yet extend to many other areas, including fire protection and education, which are managed by independent national agencies. Local governments also have very limited policy-making authority; generally, the most that they can do is decide how national policies will be implemented. However, there is some political pressure for the scope of local autonomy to be extended.

Although the chief executive of each district is locally elected, deputy executives are still appointed by the central government. It is these deputy officials who have detailed authority over most administrative matters.

Civil service

The South Korean civil service is large, and remains a largely closed system, although efforts at openness and reform are ongoing. In order to gain a position in civil service, it is usually necessary to pass one or more difficult examinations. Positions have traditionally been handed out based on seniority, in a complex graded system; however, this system was substantially reformed in 1998.

There are more than 800,000 civil servants in South Korea today. More than half of these are employed by the central government; only about 300,000 are employed by local governments. In addition, only a few thousand each are employed by the national legislative and judicial branches; the overwhelming majority are employed in the various ministries of the executive branch. The size of the civil service increased steadily from the 1950s to the late 1990s, but has dropped slightly since 1995.

The civil service, not including political appointees and elected officials, is composed of career civil servants and contract civil servants. Contract servants are typically paid higher wages and hired for specific jobs. Career civil servants make up the bulk of the civil service, and are arranged in a nine-tiered system in which grade 1 is occupied by assistant ministers and grade 9 by the newest and lowest-level employees. Promotions are decided by a combination of seniority, training, and performance review. Civil servants' base salary makes up less than half of their annual pay; the remainder is supplied in a complex system of bonuses. Contract civil servants are paid on the basis of the competitive rates of pay in the private sector
Private sector
In economics, the private sector is that part of the economy, sometimes referred to as the citizen sector, which is run by private individuals or groups, usually as a means of enterprise for profit, and is not controlled by the state...

.

External links


Ministries


Independent Agencies (President)


Independent Agencies (Prime Minister)


Presidential Commissions


Judicial


Election

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