Amendment
Overview
An amendment (Korean: 수정안; 修正案; amendment) refers to a proposed change submitted through formal procedures to alter, add, or delete part of the content of an already established or under-deliberation law, constitution, treaty, contract, bill, etc. Broadly, it encompasses various forms such as constitutional amendments, legislative amendments, contract modification agreements, and protocols amending international treaties; narrowly, it refers to a motion to amend a bill submitted during deliberations by a legislative body such as the National Assembly. Amendments are a key legislative and contractual means of responding to changing social and economic environments while maintaining the continuity and stability of existing norms.
Main Content
Concept and Types
Amendments are divided into several types according to their object and procedure. First, a constitutional amendment is intended to change provisions of a constitution, and in most countries requires a stricter amendment procedure than ordinary legislation (special majority, referendum, etc.). Second, a legislative amendment is intended to revise provisions of an individual law and is made through a member's proposal or government submission during National Assembly deliberation. Third, a bill amendment (amendment motion) refers to an amendment proposal submitted during a meeting to change the content of a bill or resolution under deliberation. Fourth, a contract amendment is a document of agreement between the parties to change the terms of an existing contract. Fifth, a treaty amendment is an international legal document for changing or supplementing the content of an international treaty.
Amendments in the Legislative Process
In legislative bodies, amendments are a core tool for deliberating bills. Generally, amendment motions may be submitted at the committee stage and the plenary session stage, and the scope of amendment is divided into 'substantive amendments' that change the intent of the original bill and 'formal amendments' that only organize expression or the location of provisions. If an amendment motion is passed, the original bill is established with the amended content, and a separate voting procedure may be required for the amended portions. The National Assembly Act of Korea prescribes procedures concerning amendment of bills and specifically sets out the submission of amendments by standing committees and the requirements for amendment motions in the plenary session.
Constitutional Amendments
Constitutional amendments follow the strictest procedure because they change the highest norm of the state. Articles 128 and 129 of the Constitution of the Republic of Korea prescribe the constitutional amendment procedure: it is proposed with the concurrence of at least two-thirds of the members of the National Assembly or by the President, and is confirmed by referendum within 30 days after the National Assembly's resolution. In the United States, an amendment to the federal Constitution is proposed with the concurrence of at least two-thirds of both houses and enters into force upon ratification by at least three-fourths of the state legislatures or state conventions. As such, constitutional amendments are characterized by a higher quorum and multi-stage procedure than ordinary bills.
Amendments in International Treaties and Contracts
Amendments to international treaties are made according to the amendment procedure stipulated in the treaty itself and are adopted by agreement among the parties or by a resolution of the general assembly of an international organization. Major international documents such as the Paris Agreement on climate change, the WTO agreements, and the UN Charter provide different amendment procedures. In the field of contract law, an amendment is a written agreement to change the terms of an existing contract or insert additional provisions, and takes effect through procedures confirming the parties' intent, such as signing and sealing.
Recent Trends
As of 2024–2025, systems and discussions related to amendments show the following trends. First, discussions on amendments to digital and AI regulatory bills are active. In new legislative processes such as the Framework Act on Artificial Intelligence and platform regulation laws, industry and civil society are each submitting amendments, and debate over the level of regulation continues. Second, discussions on constitutional amendment are reemerging in some countries. Proposals for constitutional amendments concerning restructuring of terms and powers are emerging as political issues. Third, there is a trend toward simplifying amendment procedures for international treaties. Attempts to make amendment procedures more flexible are increasing in fields requiring rapid international cooperation, such as pandemic response and climate response. Fourth, with the spread of electronic voting and digital legislative systems, cases in which the submission and voting of amendments are processed electronically are increasing, and issues of procedural transparency and record preservation are being discussed alongside this. Fifth, a participatory legislative model is spreading, in which ordinary citizens propose and discuss amendments through citizen-participation legislative platforms.
Related Topics
- [[Constitutional amendment]]
- [[Legislative process]]
- [[National Assembly Act]]
- [[Treaty]]
- [[Contract law]]
- [[Referendum]]