Amendment
Overview
An amendment (개정, 改正, amendment) refers to the act of modifying, changing, adding, or deleting part or all of the content of existing laws, regulations, treaties, constitutions, rules, or various documents to create new legal effects. Amendments are essential for adapting to social, economic, and cultural environmental changes, technological advancements, shifts in values, or resolving contradictions within the legal system. They serve as a mechanism to maintain balance between the stability of laws—a cornerstone of the rule of law—and the necessity for change. Unlike simple corrections (정정) of typographical errors, amendments involve substantive content changes and require procedural legitimacy and democratic deliberation. Amendments occur across a wide range of areas, including constitutional amendments, legal amendments, enforcement decree amendments, ordinance amendments, international treaty amendments, and even amendments to corporate bylaws or collective agreements.
Main Content
Types of Amendments
Amendments are categorized into several types based on their scope and nature. A full amendment (전부개정) involves repealing an entire existing law and restructuring the same subject matter under a new framework, such as a major overhaul of the Criminal Act or the Civil Act. A partial amendment (일부개정) modifies only specific articles, chapters, or sections and is the most frequently used type. An emergency amendment (긴급개정) is carried out swiftly by shortening general procedures due to urgent reasons such as national security or disasters. A minor amendment (경미개정) involves minimal substantive changes, such as simple expression adjustments or renumbering of articles. Additionally, subordinate statutes (enforcement decrees and enforcement rules) are frequently amended based on delegation from higher laws.
Amendment Procedure
Legal amendments generally go through the stages of legislative proposal (by a member of the National Assembly or the government), review by a standing committee, plenary session approval, transfer to the government, promulgation, and enforcement. Constitutional amendments require a stricter procedure, needing approval by at least two-thirds of the total members of the National Assembly and a national referendum. In principle, amendments take effect after a certain period (usually 20 to 30 days) from the date of promulgation, but they may take immediate effect or have a grace period as needed. The effect of an amendment generally applies prospectively (장래효), but in special cases, retroactive effect may be recognized (e.g., amendments favorable to the defendant in criminal law).
Necessity and Limitations of Amendments
Amendments are necessary to maintain the relevance of laws to reality, reflect social demands, and fill legal gaps. For example, the development of the digital economy prompted amendments to the Electronic Commerce Act and the Personal Information Protection Act. However, frequent amendments can undermine legal stability and predictability, reducing trust in the law. Additionally, if political compromises or pressure from interest groups are excessively reflected in the amendment process, the original purpose of the law may be compromised. Therefore, amendments must be based on careful review and sufficient social discussion.
Major Amendment Cases
The Constitution of the Republic of Korea has been amended nine times since its enactment in 1948, with the most recent full amendment being the 9th amendment (current constitution) in 1987. The Civil Act, enacted in 1958, has undergone dozens of partial amendments to reflect changes in areas such as parental authority, inheritance, and marital property systems. The Criminal Act, enacted in 1953, has seen important amendments regarding methods of execution of the death penalty, punishment of sex crimes, and statutes of limitations. Recently, amendments to the Public Prosecutor's Office Act (검수완박, limiting prosecutorial investigative powers), the Commercial Act (strengthening shareholder protection), and the Labor Standards Act (52-hour workweek system) have been pursued amid social controversy.
Latest Trends
As of 2024–2025, major trends related to amendments are as follows. First, legal amendments driven by digital transformation are accelerating. The Basic Act on Artificial Intelligence (AI), amendments to the Data 3 Acts (Personal Information Protection Act, Act on Promotion of Information and Communications Network Utilization and Information Protection, Credit Information Use and Protection Act), and amendments to the Electronic Documents Act are being actively pursued, seeking a balance between AI regulation and innovation. Second, environmental law amendments for climate crisis response are expanding globally. Amendments to the Framework Act on Carbon Neutrality, the Clean Air Conservation Act, and the Waste Management Act are strengthening greenhouse gas reduction targets and promoting a transition to a circular economy. Third, amendments for protecting socially vulnerable groups and strengthening human rights are ongoing. Amendments to the Act on Prohibition of Discrimination against Persons with Disabilities, gender equality-related laws, and the Child and Youth Protection Act are being pursued, and discussions on enacting an anti-discrimination law (Equality Act) are active. Fourth, amendments to digitalize and enhance transparency in the National Assembly's legislative process are being attempted. Introduction of electronic voting systems, shortening of the legislative notice period, and expansion of public participation measures are under discussion. Fifth, amendments to international treaties and agreements are active. Negotiations for amendments to the Korea-U.S. Special Measures Agreement on defense cost-sharing, the Korea-Japan General Security of Military Information Agreement (GSOMIA), and free trade agreements (FTAs) have been conducted or completed. Sixth, the role of the Ministry of Government Legislation in quality control and systematic maintenance of amendments is being emphasized, with projects to make laws easier to understand and the establishment of basic plans for legal system maintenance being promoted.
Related Topics
- [[Constitutional Amendment]]
- [[Legislative Procedure]]
- [[Bill for Legal Amendment]]
- [[Enforcement Decree Amendment]]
- [[Rule of Law]]
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