Constitutional Amendment
Overview
Constitutional amendment refers to the act of revising the constitution, the supreme legal norm of a state. In South Korea, discussions to change the foundations of the political system or expand citizens' basic rights through constitutional amendment have recurred. This document covers the concept and procedures of constitutional amendment, major cases in Korea's constitutional history, and trends in constitutional amendment discussions underway from 2024 to 2025.
Main content
Necessity of constitutional amendment
A constitution is the highest norm governing the basic order of the state and the rights of the people, but it may require revision as times change. Technological development, changes in social values, shifts in the international situation, and the need to resolve irrationalities in the political structure are commonly cited reasons for constitutional amendment. For example, problems in the power structure, including the five-year single-term presidency, demands for stronger decentralization, and the expansion of basic rights guarantees frequently emerge as key agenda items in Korean constitutional amendment discussions.
Constitutional amendment procedure
Under Article 128 of the Constitution of the Republic of Korea, a constitutional amendment is proposed by the President or by a majority of all members of the National Assembly. The National Assembly must then vote on the amendment within 60 days, with approval by two-thirds or more of all members. Once approved, the amendment is submitted to a national referendum and is finalized by receiving the votes of more than half of all eligible voters and the approval of more than half of those voting. Thus, constitutional amendment requires far more stringent conditions than ordinary legislation, and political agreement and public consensus are essential for its passage.
History of constitutional amendments in South Korea
Since the enactment of the founding constitution in 1948, South Korea has had a total of nine constitutional amendments. Major examples include the 1960 amendment establishing a parliamentary cabinet system (the Second Republic), the 1962 amendment that returned to a presidential system following the May 16 military coup, the 1972 Yushin Constitution, the 1980 Fifth Republic Constitution, and the ninth amendment in 1987 (the current constitution). The current constitution provides for the direct election of the president, a five-year single-term presidency, and a four-year term for National Assembly members, and has remained in force for more than 30 years. However, due to the limitations of the 1987 system, alternative constitutional amendment discussions such as power-dispersing constitutional amendments or a semi-presidential system have been steadily raised.
Major issues
The issues frequently raised in constitutional amendment discussions are as follows:
- Reforming the presidential system: Changing the five-year single-term presidency to a four-year two-term system, or converting to a power-sharing presidential system or a semi-presidential system.
- Strengthening decentralization: The issue of stipulating the expansion of local autonomy and fiscal decentralization in the constitution.
- Expanding basic rights: Whether to recognize new rights such as environmental rights, information rights, digital basic rights, and bioethics.
- Judicial reform: Strengthening the role of the Constitutional Court or reorganizing the court system.
Recent trends
In 2024–2025, constitutional amendment discussions have drawn renewed attention with the launch of the 22nd National Assembly. In particular, rather than amendments for shortening the presidential term or changing the form of government, provisions on environmental rights and digital rights to respond to new threats such as the Fukushima nuclear power plant contaminated water discharge, the climate crisis, and the Fourth Industrial Revolution have been highlighted. In addition, around the 2024 general elections, the possibility of pursuing a constitutional amendment under the banner of "power structure reform" was mentioned in political circles, but full-fledged discussions have remained stalled due to differences between the ruling and opposition parties. In 2025, amid political turmoil, issues related to Constitutional Court decisions have been debated, and public discourse on the interpretation of constitutional provisions and the necessity of constitutional amendment has spread, centering on academia and civil society. However, since constitutional amendment requires a high degree of political consensus, it is expected to take considerable time before an actual proposal and a national referendum take place.
Related topics
- [[Constitution of South Korea]]
- [[Constitutional revision]]
- [[1987 Constitution]]
- [[Presidential system]]
- [[National referendum]]