Конституция Республики Корея: основные положения и политический нейтралитет

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The Constitution of the Republic of Korea (hangul=대한민국 헌법) is the supreme law of South Korea. It was promulgated on July 17, 1948, and last revised on October 29, 1987.

The spirit of April Nineteenth and March 1st Movement is stipulated in the preamble of the Constitution of South Korea. However, it took a long time to be established. The contents of the April Revolution were removed on the fifth amendment, and these were included in the preamble on the sixth amendment, identified with May 16 coup. After the ninth amendment, the spirit of the April Revolution was excepted from the preamble, and it was included for the "Resistance ideology for protection of democratic constitution" on the 10th amendment.

Consisting of a preamble, 130 articles, and supplementary provisions, the Constitution provides for an executive branch headed by a president and an appointed prime minister, a unicameral legislature called the National Assembly, and a judiciary consisting of the Constitutional Court, Supreme Court and lower courts. In detail, the Constitution is composed of ten Chapters. The political neutrality of South Korea's Constitution is guaranteed in the area of military, administration, and education. In the form of the guarantee of 'political neutrality', the constitution provides an objective legal system to guarantee political neutrality as an essential element of the system, unlike the form of guarantee of basic rights.

Article 5 (2) of the Constitution stipulates that "the ROK military shall fulfill the sacred duty of national security and defense of the nation, and its political neutrality shall be obeyed" .

Education promotes the potential of individuals so that individuals can develop their personality in each area of life. In view of the important functions of education, Article 31(6) of the Constitution stipulates to specify in the law about the basic laws and regulations about the education system and its operation, education finances and the status of teachers.

Political neutrality of public officials is specified in the law. Article 6(2) of the Constitution stipulates that "The status and political neutrality of public officials shall be guaranteed by law". Also, Article 9(1) of the Public Service Elections act regulates that Public servants or any other person (including any organization or organizations) that is required to be in a political neutrality shall not engage in any unfair influence on the election or otherwise act on the election results. Article 65 of the Public Officials Act (Prohibition of Political Movement) Section 2 regulates that Public officials shall not engage in the following activities to support or oppose a specific political party or a particular person in an election. 1. To make an invitation to vote or not
2. Pray, preside, or recommend the signatory movement. 3. To publish or post documents or books to public facilities
4. To make a donation recruitment, or to use public funds
5. To encourage others to join or not to join a political party or other political organizations

Following the 1987 revision, the Constitutional Court was established in September 1988 by Chapter VI of the Constitution. Though earlier versions of the Constitution provided for various forms of judicial review, the judiciary's lack of independence at the time prevented it from exercising this function. This historical background led drafters of current Constitution of South Korea to greatly empower the Constitutional Court.

Articles 111 through 113 of the Constitution of the Republic of Korea refer to the Constitutional Court. the Court enjoys organization autonomy from other constitutional institutions. Article 113(3) : This paragraph is constitutional ground for statute called 'Constitutional Court Act', which regulates and specifies exact boundary of jurisdiction, autonomy and power of the Court.