Date of publication:
07/07/2025
Republic of Korea (the)
Please describe the type of legal system in place in the state.
The Republic of Korea has a legal system based on the Civil Law System. The Civil Law System operates around codified laws, where legal codes (laws, regulations, etc.) play a central role, and judicial precedents (court rulings) serve as a supplementary role to help interpret these laws.
In legal proceedings, individual courts are competent to interpret and apply statutory provisions, although in practice Supreme Court precedents hold de facto binding influence over lower courts. The legal framework of the Republic of Korea consists of the Constitution, statutes (laws), decrees, ordinances, and regulations.
In contrast, according to Article 47, Paragraph 1 of the Constitutional Court Act, a decision of unconstitutionality by the Constitutional Court is binding on courts, other state agencies, and local governments. Furthermore, any law or provision declared unconstitutional loses its effect from the date of the decision.
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 101 - Judicial Power
(1) Judicial power shall be vested in courts composed of judges. (2) The courts shall be composed of the Supreme Court, which is the highest court of the State, and other courts at specified levels. (3) Qualifications for judges shall be determined by Act.
Article 102 - Structure and Composition of the Judiciary
(1) Departments may be established in the Supreme Court. (2) There shall be Supreme Court Justices at the Supreme Court: Provided, That judges other than Supreme Court Justices may be assigned to the Supreme Court under the conditions as prescribed by Act. (3) The organization of the Supreme Court and lower courts shall be determined by Act.
Article 103 - Judges
Judges shall rule independently according to their conscience and in conformity with the Constitution and laws.
Article 47 - Sessions of the National Assembly
(1) A regular session of the National Assembly shall be convened once every year under the conditions as prescribed by Act, and extraordinary sessions of the National Assembly shall be convened upon the request of the President or one fourth or more of the total members. (2) The period of regular sessions shall not exceed a hundred days, and that of extraordinary sessions, thirty days. (3) If the President requests the convening of an extraordinary session, the period of the session and the reasons for the request shall be clearly specified.