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The Constitution of the Republic of Korea

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The First Constitution of the Republic of Korea is comprised of 10 chapters and 103 articles, guaranteeing sovereignty, freedom and equality for its people.
The Constitution has been amended nine times since being established in 1948, and it has maintained social order in Korean society ever since.
How was Korea’s Constitution enacted, and what is its role in modern society?

Korea’s First Constitution was enacted just three years after the country’s liberation, but evidence shows that Korea made constant efforts to establish constitutionalism and constitutional government throughout its history.
Constitutionalism was first adapted during the Absolute Monarchy, and it exerted significant influence on Korean society as well.

It was then introduced in Korea, or Joseon at the time, via trade.
After signing the Japan-Korea Treaty of 1876, the intellectuals of Joseon were dispatched to Japan and the U.S. and witnessed their new political institutions, such as its constitutional monarchy and republicanism, which they brought back to Joseon.

Then in 1910, Japan formally annexed Korea, and the ideology of constitutionalism gradually led to the establishment of the Korean Constitution.
Then in April 11, 1919, independence activists gathered in Shanghai to enact a provisional constitution, comprised of 10 articles, before promulgating the Provisional Government of the Republic of Korea on the 13th.
The first article of the provisional constitution stated, “The Republic of Korea is a democratic republic.” It was the first written statement to include both “the Republic of Korea” and “democratic republic.”
Since its establishment, the Provisional Constitution was amended five times. This structure later became the basis of the First Constitution of the Republic of Korea established in 1948.

On August 15, 1945, Korea was finally liberated from Japanese rule.
Nonetheless, the journey to establishing a new independent nation was never easy with a number of political parties advocating different beliefs.
With hopes of establishing a favorable government system, each party presented its own constitution to back up their ideologies.

On May 10, 1948, the South held the first ever general election. Then on the 31st of the month, 1948, the 198 elected members opened the Constitutional Assembly.
The first task given to the Constitutional Assembly was establishing the Drafting Committee.
The Constitutional Assembly began drafting the Constitution using a number of constitutional proposals and foreign constitutions.
Among them, the Joint Constitutional Proposal by Yoo Jin-oh and the Administration Research Institute formed the basis of the constitution with the Code Compilation Committee’s Draft Constitution, also known as the Kwon Seung-ryeol edition, as a reference.
The draft constitution was created on June 22 and submitted to the Constitutional National Assembly after 16 arduous meetings.

Finally, the founding creed of the Republic of Korea was promulgated to the public on July 17, 1948... and thus, the Korean government was officially launched on August 15, 1948, in accordance with the Constitution.
By referencing the constitutions of all major western countries along with the way, universal values were upheld in Korea’s first Constitution, protecting the rights of the people.

The First Constitution has been amended a total of 9 times since the first amendment in 1952.
Why were these amendment created? There were many reasons.
Most importantly, the world, society and life constantly change, and the constitution must adapt accordingly.

Over the last 40 years, Korea’s Constitution has been amended once in every 5 years on average, and the current Constitution, revised in 1987, is the oldest working constitution in Korean history.

A constitution is the fundamental and supreme law of a country.
The Constitution of the Republic of Korea sustains Korean society, promotes universal values and protects the rights of the public.
It guarantees the stability of the country, affords equal opportunities to everyone for maximum development of individual capabilities in all fields, and elevates the quality of life for all citizens. That is the purpose of Korea’s Constitution.