REPUBLIC OF KOREA

CONSTITUTION The Republic of Korea (South Korea) is located on the southern

portion of the Korean Peninsula. The northern portion of the peninsula is

currently a separate country, the Democratic People’s Republic of Korea

(North Korea). Prior to the end of World War II, the Korean Peninsula was

unified under one government.

In 1910, the Japanese annexed the Korean Peninsula and the region

remained under Japanese rule until Japan was defeated by the Allies in

1945. In 1948, as part of Allied brokering of Japan’s surrender and the

conclusion of war in the Pacific, the United Nations divided the Korean into

two separate territories along the 38th Parallel. The Soviet Union

administered the Korean Peninsula north of the 38th parallel, and the United

States administered the Peninsula south of the parallel. This division

resulted in the Korean War from 1950 to 1953. When the Korean War

ended, North Korea never signed the Armistice and tensions between

North Korea and South Korea remain high. The 38th parallel is currently a

Demilitarized Zone.

South Korea has struggled with periods of democratic and autocratic

rule. Political instability resulted in four different constitutions and

numerous amendments before the current Constitution took effect on

February 25, 1998. The 1998 Constitution declares the country a

democratic republic and states that Korea shall seek “unification” with North

Korea.

The Constitution establishes the governmental structure of modern

South Korea. The executive branch is headed by the President and Prime

Minister, balanced with a unicameral legislature and judicial system.

EXECUTIVE AUTHORITY The President of South Korea is elected directly by popular vote for a

term of five years. The President may not be reelected. The President is

charged with appointment of the Prime Minister, but the President

considers the wishes of the National Assembly in the selection. The

President also appoints the members of the Cabinet and members of the

judiciary. Similar to other nations, the President of South Korea is the chief

executive officer and he is the commander of the armed forces. The

National Assembly can block any of the President’s decisions by immediate

vote.

The Blue House is the official residence and executive office of the

President of South Korea.

LEGISLATIVE BODY South Korea’s unicameral legislature meets in Seoul and is known as

the National Assembly. The Constitution provides that there must be a

minimum of 200 representatives to the National Assembly, and currently

299 Koreans represent their home districts to the National Assembly.

Terms in the National Assembly last for four years. Representatives must

be at least thirty years of age to serve in the National Assembly.

The Grand National Party is currently the majority party in Korea’s

National Assembly, followed by the Democratic Party.

JUDICIAL SYSTEM Korea has a three tiered judicial system with the Supreme Court and

the Constitutional Court at the top, the High Courts beneath them, and the

District Courts are the lowest level courts. Korea also has specialized

Municipal, Family and Administrative courts.

The Supreme Court has appellate jurisdiction over all other Korean

courts. The president appoints the Chief Justice. On the recommendation

of the Chief Justice, the president appoints up to 13 other justices of the

Supreme Court with the approval of the National Assembly. Justices

cannot be removed absent incapacity and serve renewable six-year terms.

The Constitutional Court was established in 1988 to review the

constitutionality of Korean laws and interpret the Constitution. Since 2004,

the Court has found over 400 laws to be unconstitutional.

The High Courts have appellate jurisdiction over the District Courts.

They sit in panels of three judges. There are six High Courts in Korea.

The District Courts are Korea’s courts of general jurisdiction. These

courts hear both civil and criminal matters. Most cases are brought before

a single judge. In 2008 South Korea adopted a type of jury system for

certain criminal cases. The system, although similar in some ways to the

American jury systems, has many unique characteristics. From 2008 until

2012, juries will provide only advisory verdicts to the court, and court will be

free to accept or reject the verdict. In 2012 the system will be reviewed by

a committee overseen by the Supreme Court, and a decision made to

keep, amend, or repeal jury trials. If the Court keeps the present system of

jury trials, the verdicts will likely become binding on the courts.

IMPLEMENTATION OF UNITED NATIONS COUNTER-TERRORISM RESOLUTIONS The Republic of Korea has ratified twelve of the sixteen United

Nations international legal instruments against terrorism.

Ratified Yet to be Ratified

The Aircraft Convention: 1963 Convention on Offences and Certain Other Acts Committed on Board Aircraft Ratified: February 19, 1971

Nuclear Terrorism Convention: 2005 International Convention for the Suppression of Acts of Nuclear Terrorism

The Unlawful Seizure Convention: 1970 Convention for the Suppression of Unlawful Seizure of Aircraft Ratified: January 18, 1973

2005 Amendment to the Convention on the Physical Protection of Nuclear Material

The Civil Aviation Convention: 1971 Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation Ratified: August 2, 1973

2005 Protocol to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation

The Diplomatic Agents Convention: 1973 Convention on the Prevention and Punishment of Crimes Against Internationally Protected Persons Ratified: May 25, 1983

2005 Protocol for the Suppression of Unlawful Acts against the safety of fixed platforms located on the Continental Shelf

Hostages Convention: 1979 International Convention against the Taking of Hostages Ratified: May 4, 1983

Nuclear Materials Convention: 1980 Convention on the Physical Protection of Nuclear Material Ratified: April 7, 1982

Airport Protocol and Montreal Convention on Air Safety: 1988 Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation Ratified: June 27, 1990

Maritime Convention: 1988 Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation and the 2005 Protocol to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation Ratified: May 14, 2003

Fixed Platform Protocol: 1988 Protocol for the Suppression of Unlawful Acts Against the Safety of Fixed Platforms Located on the Continental Shelf and the 2005 Protocol to the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf Ratified: June 10, 2003

Plastic Explosives Convention: 1991 Convention on the Marking of Plastic Explosives for the Purpose of Detection Ratified: January 2, 2002

Terrorist Bombing Convention: 1997 International Convention for the Suppression of Terrorist Bombings Ratified: February 17, 2004

Terrorist Financing Convention: 1999 International Convention for the Suppression of the Financing of Terrorism Ratified: February 17, 2004

In addition, Korea is working to implement UN Resolutions 1373 and

1624 and has made six reports to the United Nations CTC on the county’s

progress. Most recently, legislation is pending in Korea that would further

criminalize the creation of terrorist groups. Additionally, Korea is drafting

legislation that would outlaw contact with terrorist groups, funding terrorist

groups and support of terrorist activities. Additional anti-terrorism

legislation is focused on civil air safety and security, information gathering,

currency tracking and reporting and anti-money laundering legislation.

Korea is working to increase the security of its ports and container

shipping. The country is cooperating with the United States, Russian,

Japanese and Indian Coast Guards in this effort.

CORRUPTION AND GOVERNANCE

The Global Corruption Perceptions Index ranks Korea 39th out of the

178 countries studied. Still, 48% of Koreans report paying a bribe in the

last year and 32% of Koreans say corruption in the country is on the rise.

Korea’s governance indicators generally fall in between the 50th and

90th percentile. The effectiveness of Korea’s government is ranked very

high, yet political stability is the lowest value indicator.