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.

The President shall conclude and ratify treaties; accredit, receive or dispatch diplomatic envoys; and declare war and conclude peace.

(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.

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.

(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.

(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.

(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.

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.

Heads of Executive Ministries shall be appointed by the President from among members of the State Council on the recommendation of the Prime Minister.

(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.