The South Korean government's structure is determined by the Constitution of the Republic of Korea. This document has been revised several times since its first promulgation in 1948 at independence. However, it has retained many broad characteristics and with the exception of the short-lived Second Republic of South Korea, the country has always had a presidential system with an independent chief executive. The first direct election was also held in 1948. Although South Korea experienced a series of military dictatorships since the 1960s up until the 1980s, it has since developed into a successful liberal democracy. Today, the CIA World Factbook describes South Korea's democracy as a "fully functioning modern democracy".
Executive branch
The executive branch is headed by the president. The president is elected directly 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 state, 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, Third, and Fourth Republics.
In the event that they are suspected of serious wrongdoing, the president and cabinet-level officials are subject to impeachment by the National Assembly. Once the National Assembly votes in favor of the impeachment the Constitutional Court should either confirm or reject the impeachment 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 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
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| Central Government Complex, Seoul |
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 (외교통상부, 外交通商部)
Ministry of Unification (통일부, 統一部)
Ministry of Justice (법무부, 法務部)
- Prosecution Service (검찰청, 檢察廳)
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 (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 (문화재청, 文化財廳)
Ministry for Food, Agriculture, Forestry and Fisheries (농림수산식품부, 農林水産食品部)
- Rural Development Administration (농촌진흥청, 農村振興廳)
- Korea Forest Service (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 (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 (기상청, 氣象廳)
Ministry of Employment and Labor (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 (국가정보원, 國家情報院)
- Korea Communications Commission (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 (공정거래위원회, 公正去來委員會)
- Financial Services Commission (금융위원회, 金融委員會)
- Anti-Corruption and Civil Rights Commission (국민권익위원회, 國民權益委員會)
Legislative branch
National Assembly of South Korea
At the national level, the legislative branch consists of the National Assembly of South Korea. 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. 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 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 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, 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. Other judicial matters are overseen by the Supreme Court. This system was newly established in the Sixth Republic, 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, 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 is the final court of appeal for all cases in South Korean law. The Supreme Court, seated in Seoul, 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. 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, 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.
- All About South Korea
- South Korea
- History of Korea
- History of South Korea
- Administrative divisions of South Korea
- Foreign relations of South Korea
- Armed Forces of South Korea
- Geography of South Korea
- Climate of South Korea
- Environment of South Korea
- Tourism in South Korea
- Kŭmgangsan Tourist Region
- Economy of South Korea
- Nuclear power in South Korea
- Incheon International Airport
- Transport in South Korea
- Science and technology in Korea
- Education in South Korea
- Demographics of South Korea
- Cities of South Korea
- Religion in South Korea
- Public health and safety in Korea
- Culture of South Korean
- Media of South Korea
- Korean art
- Korean architecture
- Architecture of South Korea
- Korean cuisine
- Contemporary music, film and television
- South Korean technology culture
- Sport in South Korea
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