About Intellectual Property IP Training IP Outreach IP for… IP and... IP in... Patent & Technology Information Trademark Information Industrial Design Information Geographical Indication Information Plant Variety Information (UPOV) IP Laws, Treaties & Judgements IP Resources IP Reports Patent Protection Trademark Protection Industrial Design Protection Geographical Indication Protection Plant Variety Protection (UPOV) IP Dispute Resolution IP Office Business Solutions Paying for IP Services Negotiation & Decision-Making Development Cooperation Innovation Support Public-Private Partnerships The Organization Working with WIPO Accountability Patents Trademarks Industrial Designs Geographical Indications Copyright Trade Secrets WIPO Academy Workshops & Seminars World IP Day WIPO Magazine Raising Awareness Case Studies & Success Stories IP News WIPO Awards Business Universities Indigenous Peoples Judiciaries Genetic Resources, Traditional Knowledge and Traditional Cultural Expressions Economics Gender Equality Global Health Climate Change Competition Policy Sustainable Development Goals Enforcement Frontier Technologies Mobile Applications Sports Tourism PATENTSCOPE Patent Analytics International Patent Classification ARDI – Research for Innovation ASPI – Specialized Patent Information Global Brand Database Madrid Monitor Article 6ter Express Database Nice Classification Vienna Classification Global Design Database International Designs Bulletin Hague Express Database Locarno Classification Lisbon Express Database Global Brand Database for GIs PLUTO Plant Variety Database GENIE Database WIPO-Administered Treaties WIPO Lex - IP Laws, Treaties & Judgments WIPO Standards IP Statistics WIPO Pearl (Terminology) WIPO Publications Country IP Profiles WIPO Knowledge Center WIPO Technology Trends Global Innovation Index World Intellectual Property Report PCT – The International Patent System ePCT Budapest – The International Microorganism Deposit System Madrid – The International Trademark System eMadrid Article 6ter (armorial bearings, flags, state emblems) Hague – The International Design System eHague Lisbon – The International System of Appellations of Origin and Geographical Indications eLisbon UPOV PRISMA Mediation Arbitration Expert Determination Domain Name Disputes Centralized Access to Search and Examination (CASE) Digital Access Service (DAS) WIPO Pay Current Account at WIPO WIPO Assemblies Standing Committees Calendar of Meetings WIPO Official Documents Development Agenda Technical Assistance IP Training Institutions COVID-19 Support National IP Strategies Policy & Legislative Advice Cooperation Hub Technology and Innovation Support Centers (TISC) Technology Transfer Inventor Assistance Program WIPO GREEN WIPO's Pat-INFORMED Accessible Books Consortium WIPO for Creators WIPO ALERT Member States Observers Director General Activities by Unit External Offices Job Vacancies Procurement Results & Budget Financial Reporting Oversight
Arabic English Spanish French Russian Chinese
Laws Treaties Judgments Browse By Jurisdiction

Constitution of the Republic of Korea, Republic of Korea


Latest Version in WIPO Lex
Year of Version 1988 Dates Amended up to: February 25, 1988 Entry into force: July 17, 1948 Enacted: July 12, 1948 Type of Text Constitution/Basic Law Subject Matter Other Notes The Constitution of the Republic of Korea was enacted on July 12, 1948. It has been amended 9 times, most recently in 1987. The reformed Constitution of 1987 was approved on October 29, 1987 and entered into force on February 25, 1988, making it the Constitution of the Sixth Republic. The 1987 Constitution consists of a preamble, 130 articles, and six supplementary provisions. It is divided into ten chapters: Chapter I, General Provisions (Articles 1 - 9); Chapter II, Rights and Duties of Citizens (Articles 10 - 39); Chapter III, the National Assembly (Articles 40 – 65); Chapter IV, the Executive (Articles 66 – 100); Chapter V, the Courts (Articles 101 – 110); Chapter VI, the Constitutional Court (Articles 111 – 113); Chapter VII, Election Management (Articles 114 – 116); Chapter VIII, Local Autonomy (Articles 117 – 118); Chapter IX, the Economy (Articles 119 – 127); and Chapter X, Constitutional Amendments (Articles 128 – 130). The 1987 Constitution stipulates a separation of powers among the three branches of government: the legislative, the executive and the judiciary. The legislative power is exercised by the National Assembly, which is a unicameral legislature composed of at least 200 members directly elected by the people for a four-year term of office (Articles 40, 41(1) & (2), and 42). The executive power is vested in the executive branch, headed by the President who is elected by direct popular vote for a singular five-year term (Articles 66 (4), 67(1), and 70). The President is the head of State and has the power to appoint the Prime Minister with the consent of the National Assembly (Articles 86(1)). The President may issue presidential decrees concerning matters delegated to him with the scope specifically defined and also matters to enforce law (Article 75). The judicial power is vested in courts composed of the Supreme Court, and other courts at specified levels (Articles 101(1) and (2)). The Constitution also provides for a Constitutional Court, a specialized court which has jurisdiction over constitutional issues such as the constitutionality of a law, impeachment, dissolution of a political party, competence disputes between state agencies, between State agencies and local governments, and between local governments, and Constitutional complaints (Article 111). The Republic of Korea belongs to a civil law system. The sources of law in the Republic of Korea are: • Constitution • International Treaties • Statutes passed by the National Assembly • Presidential Enforcement Decrees • Ordinances, rules and regulations issued by the Prime Minister, the ministries and government agencies • Decisions, statutes, regulations and decrees of Supreme Court and Constitutional Court The 1987 Constitution of the Republic of Korea contains provisions relating to intellectual property. Article 22(2) protects the rights of authors, inventors, scientists, engineers, and artists. Article 9 provides for the protection and development of traditional cultural heritage of the State. In addition, Article 23 guarantees to all citizens the right of property.

Available Texts Main text(s) Main text(s) Korean 대한민국헌법 PDF HTML English Constitution of the Republic of Korea PDF

WIPO Lex No. KR061