Date of publication:
07/07/2025
Republic of Korea (the)
Please describe the system of government in the state.
The Republic of Korea is a unitary presidential republic.
The Constitution of the Republic of Korea adopts a presidential system based on the separation of powers between the legislative, judicial and executive branches (Article 40, 66, 101). The President holds both the position of head of state and head of the executive branch (Article 66). The President represents the state in foreign affairs and serves as the head of the executive (Article 66). The President is elected for a single five-year term by direct popular vote, and in the event of a vacancy or incapacity, the Prime Minister exercises the President's authority (Article 70, 71). The President has the power to declare war, propose bills to the National Assembly, and, in times of national emergency or martial law, declare a state of emergency or martial law, though such declarations require subsequent approval by the National Assembly (Article 76, 77).
The President is assisted by the Prime Minister and the President's Secretariat. The Prime Minister is appointed by the President with the approval of the National Assembly and has the authority to recommend the appointment or dismissal of ministers (Article 86). If the President is unable to perform their duties, the Prime Minister manages the country by exercising the President's powers (Article 71).
The State Council is the highest policy deliberation and decision-making body of the executive branch of the Republic of Korea (Article 88). According to the Constitution, the State Council must consist of between 15 and 30 members, including the President, the Prime Minister, the Deputy Prime Minister, and the heads of 17 ministries. The Constitution designates the President as the chairperson of the State Council and the Prime Minister as the vice-chairperson (Article 88).
According to Article 94 of the Constitution, the heads of executive ministries are appointed by the President upon the recommendation of the Prime Minister from among the State Council members. Currently, there are 18 ministries in the Korean government. The heads of these ministries, who are appointed by the President, report to the Prime Minister. Some ministries have affiliated agencies, and these agencies report both to the Prime Minister and the respective ministry's head.
Although the Constitution of the Republic of Korea establishes a presidential system and a unitary state, it also includes provisions on local governments, allowing flexibility for governance tailored to regional circumstances. According to Article 117 of the Constitution, local governments are authorized to handle affairs related to residents' welfare, manage their assets, and enact autonomous regulations within the limits of national laws and statutes. However, the creation and enforcement of local regulations remain subject to the overarching framework of the Constitution and national legislation.
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 74 - Presidential Authority over the Armed Forces
(1) The President shall be Commander-in-Chief of the Armed Forces under the conditions as prescribed by the Constitution and Act. (2) The organization and formation of the Armed Forces shall be determined by Act.
Article 71 - Presidential Vacancy and Delegation
If the office of the presidency is vacant or the President is unable to perform his/her duties for any reason, the Prime Minister or the members of the State Council in the order of priority as determined by Act shall act for him/her.
Article 117 - Local Governments
(1) Local governments shall deal with administrative matters pertaining to the welfare of local residents, manage properties, and may enact provisions relating to local autonomy, within the limit of Acts and subordinate statutes. (2) The types of local governments shall be determined by Act.
Article 75 - Authority to Issue Executive Orders
The President may issue presidential decrees concerning matters delegated to him/her by Act with the scope specifically defined and also matters necessary to enforce Acts.
Article 86 - Prime Minister
(1) The Prime Minister shall be appointed by the President with the consent of the National Assembly. (2) The Prime Minister shall assist the President and shall direct the Executive Ministries under order of the President. (3) No member of the military shall be appointed Prime Minister unless he/she is retired from active duty.
Article 66 - Role and Duties of the Presiden
(1) The President shall be the Head of State and represent the State vis-a-vis foreign states. (2) The President shall have the responsibility and duty to safeguard the independence, territorial integrity and continuity of the State and the Constitution. (3) The President shall have the duty to pursue sincerely the peaceful unification of the homeland. (4) Executive power shall be vested in the Executive Branch headed by the President.
Article 40 - Legislative Power
The legislative power shall be vested in the National Assembly.
Article 88 - State Council
(1) The State Council shall deliberate on important policies that fall within the power of the Executive. (2) The State Council shall be composed of the President, the Prime Minister, and other members whose number shall be no more than thirty and no less than fifteen. (3) The President shall be the Chairperson of the State Council, and the Prime Minister shall be the Vice-Chairperson.
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 77 - Martial Law and Emergency Powers
(1) When it is required to cope with a military necessity or to maintain the public safety and order by mobilization of the military forces in time of war, armed conflict or similar national emergency, the President may proclaim martial law under the conditions as prescribed by Act. (2) Martial law shall be of two types: extraordinary martial law and precautionary martial law. (3) Under extraordinary martial law, special measures may be taken with respect to the necessity for warrants, freedom of speech, the press, assembly and association, or the powers of the Executive and the Judiciary under the conditions as prescribed by Act. (4) When the President has proclaimed martial law, he shall notify it to the National Assembly without delay. (5) When the National Assembly requests the lifting of martial law with the concurrent vote of a majority of the total members of the National Assembly, the President shall comply.