Date of publication:
07/07/2025
Republic of Korea (the)
Please describe the system for the application of international law in the state.
Article 6, Paragraph 1 of the current Constitution of the Republic of Korea provides that "Treaties concluded and generally recognized international law regulations have the same effect as domestic law." In light of the constitutional provisions, the Republic of Korea is generally regarded as following a monist system of domestic implementation of international law.
Article 60 of the Constitution proclaims that the National Assembly shall have the right to consent to the conclusion and ratification of treaties pertaining to mutual assistance or mutual security; treaties concerning important international organizations; treaties of friendship, trade and navigation; treaties pertaining to any restriction in sovereignty; peace treaties; treaties which will burden the State or people with an important financial obligation; or treaties related to legislative matters.
Additionally, Article 5 of the Addenda to the Constitution stipulates that laws and treaties shall remain in effect to the extent that they do not contradict the Constitution. The Constitutional Court has ruled that the Constitution presupposes the superiority of the Constitution over treaties and does not recognize so-called constitutional treaties that hold the same legal status as the Constitution (Constitutional Court, 28 Nov 2013, 2012Hun-Ma166).
The Constitutional Court has also explicitly stated that the principle of respect for international law under Article 6, Paragraph 1 of the Constitution means that treaties to which the Republic of Korea is a party and generally recognized international law have the same effect as domestic law. However, this does not mean that treaties or international law take precedence over domestic law, thereby making it clear that "international law does not override domestic law"(Constitutional Court, 26 April 2001, 99Hun-Ga13).
There are no decisions from the Constitutional Court that explictly ruled on domestic effect of generally recognized principles of international law.
Related provisions of domestic law or policy
Constitution of the Republic of Korea
- Year: 1948
- Type: Domestic law
- Rights Category: Asylum, Education, Freedom of movement, Health, Housing, land & property, Liberty & security of person, Nationality, Integration & Public Affairs, Social protection, Work & Workplace rights, Family life, Documentation
- Link to external source: https://www.refworld.org/legal/legislation/natlegbod/1948/en/19949?prevDestination=search&prevPath=/search?keywords=Constitution+of+the+republic+of+korea&sort=score&order=desc&result=result-19949-en
Legal provision
Article 73 - Diplomatic and Military Powers of the President
The President shall conclude and ratify treaties; accredit, receive or dispatch diplomatic envoys; and declare war and conclude peace.
Article 89 - Deliberative Functions of the State Council
The following matters shall be referred to the State Council for deliberation: 1. Basic plans for state affairs, and general policies of the Executive; 2. Declaration of war, conclusion of peace and other important matters pertaining to foreign policy; 3. Draft amendments to the Constitution, proposals for national referendums, proposed treaties, legislative bills, and proposed presidential decrees; 4. Budgets, settlement of accounts, basic plans for disposal of state properties, contracts incurring financial obligation on the State, and other important financial matters; 5. Emergency orders and emergency financial and economic actions or orders by the President, and declaration and termination of martial law; 6. Important military affairs; 7. Requests for convening an extraordinary session of the National Assembly; 8. Awarding of honors; 9. Granting of amnesty, commutation and restoration of rights; 10. Demarcation of jurisdiction between Executive Ministries; 11. Basic plans concerning delegation or allocation of powers within the Executive; 12. Evaluation and analysis of the administration of State affairs; 13. Formulation and coordination of important policies of each Executive Ministry; 14. Action for the dissolution of a political party; 15. Examination of petitions pertaining to executive policies submitted or referred to the Executive; 16. Appointment of the Prosecutor General, the Chairperson of the Joint Chiefs of Staff, the Chief of Staff of each armed service, the presidents of national universities, ambassadors, and such other public officials and managers of important State-run enterprises as designated by Act; and 17. Other matters presented by the President, the Prime Minister or a member of the State Council.
Article 60 - Parliamentary Consent to Treaties and Armed Forces
(1) The National Assembly shall have the right to consent to the conclusion and ratification of treaties pertaining to mutual assistance or mutual security; treaties concerning important international organizations; treaties of friendship, trade and navigation; treaties pertaining to any restriction in sovereignty; peace treaties; treaties which will burden the State or people with an important financial obligation; or treaties related to legislative matters. (2) The National Assembly shall also have the right to consent to the declaration of war, the dispatch of armed forces to foreign states, or the stationing of alien forces in the territory of the Republic of Korea.