Legal basis for direct democracy at the national level

CONSTITUTION OF THE REPUBLIC OF KOREA

(Adopted1948; last amended 1987)

http://www.ccourt.go.kr/home/att_file/download/Constitution_of_the_Republic_of_Korea.pdf

(Original text: http://www.law.go.kr/lsInfoP.do?lsiSeq=61603)

Chapter IV. The Executive

Section 1. The President

Article 72 (Optional referendum)

The President may submit importantpolicies relating to diplomacy, national defense, unification, and othermatters relating to the national destiny to a national referendum if he deemsit necessary.

Section 2. The Executive Branch

Sub-Section 1: The Prime Minister andMembers of the State Council

Article 87

(1) Themembers of the State Council shall be appointed by the President on therecommendation of the Prime Minister.

Sub-section 2: The State Council

Article89

The following matters shall be referred to the StateCouncil for deliberation:

3.Draft amendments to the Constitution, proposals for national referendums,proposed treaties, legislative bills, and proposed presidential decrees;

Chapter VII. ElectionManagement

Article 114

(1)Election commissions shall be established for the purpose of fair management ofelections and national referenda, and dealing with administrative affairsconcerning political parties.

(2) TheNational Election Commission shall be composed of three members appointed bythe President, three members selected by the National Assembly, and threemembers designated by the Chief Justice of the Supreme Court. The Chairman ofthe Commission shall be elected from among the members.

(3) The term of office of the members of theCommission shall be six years.

(4) Themembers of the Commission shall not join political parties nor shall theyparticipate in political activities.

(5) Nomember of the Commission shall be expelled from office except by impeachment ora sentence of imprisonment without prison laboror heavier punishment.

(6) TheNational Election Commission may establish, within the limits of Acts anddecrees, regulations relating to the management of elections, nationalreferenda, and administrative affairs concerning political parties and may alsoestablish regulations relating to internal discipline that are compatible withAct.

(7) Theorganization, function and other necessary matters of the election commissionsat each level shall be determined by Act.

Chapter X. Amendments to the Constitution

Article 128

(1)A proposal to amend the Constitution shall be introduced either by a majorityof the total members of the National Assembly or by the President.

(2)Amendments to the Constitution for the extension of the term of office of thePresident or for a change allowing for the reelection of the President shallnot be effective for the President in office at the time of the proposal forsuch amendments to the Constitution.

Article 129

Proposedamendments to the Constitution shall be put before the public by the Presidentfor twenty days or more.

Article 130 (Mandatoryreferendum)

(1) The National Assembly shall decide upon the proposedamendments within sixty days of the public announcement, and passage by theNational Assembly shall require the concurrent vote of two thirds or more ofthe total members of the National Assembly.

(2) The proposed amendments tothe Constitution are submitted to a national referendum not later than thirtydays after passage by the National Assembly, and are confirmed by more than onehalf of all votes cast by more than one half of voters eligible to vote inelections for members of the National Assembly.

(3) When the proposed amendments tothe Constitution receive the concurrence prescribed in paragraph (2), theamendments to the Constitution shall be finalized, and the President shallpromulgate it without delay.

REFERENDUM LAW

(Adopted1962; last amended 2009)

http://www.law.go.kr/lsInfoP.do?lsiSeq=91737

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