History of Korean Constitution

First Republic (1948-1960)

In 1948, South Korea established its first Constitution, marking a shift to a presidential system under Syngman Rhee. The 1948 Constitution outlined a system where the president was elected by the national assembly, setting the political framework amid post-World War II tensions.

Amendments in the early 1950s strengthened Rhee's control:

  • The 1952 amendment introduced a directly elected president and a bicameral parliament.
  • In 1954, Rhee orchestrated a controversial amendment to remove presidential term limits, using a questionable mathematical maneuver to secure the required votes.

Rhee's era was characterized by an authoritative approach and political crackdowns, prioritizing stability and control over democratic freedoms. This led to popular protests, including the April 19 Movement in 1960, which voiced discontent against perceived election fraud and state oppression.

The First Republic blended aspirational governance with harsh realities, setting the stage for future political changes. It concluded with widespread public dissatisfaction and demands for democratic reforms.

A formal portrait of Syngman Rhee, the first president of South Korea, in his office during the First Republic era

Second Republic (1960-1961)

The April 19 Revolution in 1960 dissolved the First Republic and ushered in the Second Republic, marking a shift to parliamentary democracy. The 1960 Constitution reduced presidential power and established a bicameral legislature, aiming for more balanced and representative governance.

This period saw renewed political engagement and debate about the country's future. The National Assembly held significant authority, with the Prime Minister as head of government, accountable to the legislature.

However, the Second Republic faced challenges in governance and political coherence. The struggle to balance reform with stability and intense scrutiny of new leaders created a volatile environment.

"Despite its aspirations, the Second Republic proved short-lived. Political instability and the struggle to solidify a stable parliamentary government led to a military coup in May 1961, dissolving the Republic and paving the way for the Third Republic under Park Chung-hee."
A bustling session of the South Korean parliament during the Second Republic, showing lawmakers engaged in debate

Third and Fourth Republics (1963-1981)

The Third Republic, established after the 1961 military coup, reinstated a strong presidential system under Park Chung-hee. The 1963 Constitution centralized authority, focusing on rapid industrialization and economic growth at the cost of democratic freedoms.

Park's regime implemented ambitious economic plans, transitioning South Korea from an agrarian to an industrial economy. However, this period also saw stringent political suppression and curtailed civil liberties.

In 1972, Park introduced the Yushin Constitution, inaugurating the Fourth Republic. This new order granted Park expansive powers, allowing him to:

  • Dissolve the legislature
  • Appoint one-third of its members
  • Issue decrees without approval

The Yushin era was marked by authoritarian control and human rights abuses. Despite economic success, demands for political reform grew, particularly among students, intellectuals, and labor groups.

Park's assassination in 1979 ended the Fourth Republic, leading to another period of political upheaval and the eventual establishment of the Fifth Republic.1

Park Chung-hee signing the Yushin Constitution, surrounded by government officials

Fifth Republic (1981-1987)

After Park Chung-hee's assassination, General Chun Doo-hwan seized power, establishing the Fifth Republic with a new Constitution in 1981. Chun maintained strong executive powers while continuing economic policies that promoted industrialization and technological advancement.

Chun's presidency was notorious for severe restrictions on political freedoms. The Gwangju Uprising in May 1980, brutally suppressed by the military, became a symbol of resistance against the regime.

Despite economic growth, demand for democratic reforms gained momentum. Civil society, emboldened by the memory of Gwangju, pushed for democratic rights, leading to growing political agitation and protests.

The June Democratic Uprising in 1987 marked a turning point. Nationwide demonstrations forced Chun's administration to concede to demands for reform, paving the way for the Sixth Republic and a new Constitution that significantly curtailed presidential powers and reinforced civil liberties.2

Sixth Republic (1987-Present)

The June Democratic Uprising of 1987 led to the establishment of the Sixth Republic and the adoption of a new Constitution on October 29, 1987. This Constitution reduced presidential powers and introduced direct presidential elections, marking a significant shift towards democratic governance.

Key reforms included:

  • Expanded civil liberties
  • Guaranteed freedoms of speech, assembly, and association
  • Establishment of the Constitutional Court to ensure the constitutionality of laws and protect individual rights

Since 1987, ongoing efforts have aimed to refine and balance governmental powers. Recent discussions have focused on further recalibrating executive powers, enhancing the role of the National Assembly and Prime Minister, and ensuring judicial independence.

Contemporary reform proposals also address evolving civil rights issues, such as digital privacy, environmental protections, and social security systems.

The Sixth Republic's journey reflects South Korea's commitment to democratic resilience and continuous pursuit of constitutional refinement, aiming for a just, equitable, and inclusive society.3

A session of the Constitutional Court of Korea, with judges presiding over a case
  1. Kim YS. The 1961 military coup and Park Chung Hee's rise to power. J Contemp Korean Stud. 2011;28(2):59-85.
  2. Choi J. The Gwangju Uprising: The pivotal democratic movement that changed South Korea. J Korean Stud. 2003;15(1):75-103.
  3. Lee S. Constitutional development in South Korea since 1987: Continuity and change. Asian J Comp Law. 2018;13(1):24-51.