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Politics
in Korea
Korea's
Government
The
year 1998 marks the fiftieth anniversary of both
the adoption of the Constitution and the
establishment of the Republic of Korea. As
a constitutionally based, democratic government
is still relatively young, debates regarding
major government changes, like the adoption of a
parliamentary system, are still ongoing.
Prior to the establishment of the Republic in
1948, Korea experienced thirty-five year of
Japanese colonial rule (1910-1945) followed by
three years of American military rule
(1945-1948). The Japanese annexation of
Korea in 1910 placed Korea under a foreign rule
for the first time in its history.
Since
its transformation into a republic, the Korean
government, except for a brief period between
August 1960 and July 1961 when a parliamentary
system was in place, has maintained a
presidential system, wherein the President is
the head of state and chief executive.
Under the present system, government power is
shared principally by three branches: the
legislative, judicial and executive. In
addition, two other constitutionally-based
institutions, the Constitutional Court and the
National Election Commission, also perform
governing functions.
The
legislature consists of a single-house National
Assembly, whose 299 members serve four-year
terms. The organizational components of
the National Assembly are: the individual
members, the presiding officers (the Speaker and
two Vice Speakers), the plenary, the committees
(16 standing committees as well as special ad
hoc committees), the negotiation groups, and the
supporting administrative organs. Besides
deliberating bills concerning general
legislation, government budget, and ratification
of international treaties, the National Assembly
is also empowered to inspect and audit the
administration, and to approve the appointments
of the Prime Minister and the Director of the
Board of Inspection and Audit. The
National Assembly may, according to law, impeach
public officials, and may adopt motions
recommending to the President the removal of
executive officials, including the Prime
Minister.
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The
judiciary consists of three tiers of courts: the
Supreme Court; the high courts or appellate
courts; the district courts. Currently,
the judiciary is exclusively a central
government function; no provincial or local
government may establish its own court or
prosecution system. The Supreme Court
consists of thirteen Justices and a Chief
Justice. High courts are placed in five
locations which serve as regional centers.
Besides the three-tier court system, the
judiciary also operates a family court, an
administrative court and a patent court.
The
executive branch, headed by the President,
consists of the Prime Minister, the State
Council, seventeen executive ministries,
seventeen independent agencies, the Board of
Inspection and Audit, and the National
Intelligence Service. The President,
elected by popular vote for a single five-year
term, has absolute power needed for operating
the executive branch and leading the country.
The Prime Minister, appointed by the President
with the approval of the National Assembly,
supervises the ministries and independent
agencies. The Prime Minister performs this
function under the supervision of the President,
and in this sense he/she is the chief assistant
to the President.
Local
governments are considered part of the executive
branch and thus are controlled by the central
government. (Here "local
governments" refers broadly to all
sub-national governments.) However, some
degree of local autonomy has been given to the
16 higher-level (provincial) governments and 34
lower level (municipal) governments. This
autonomy resumed, after a time lapse of more
than thirty years, on July 1, 1995 - a date
marking a return to direct, popular elections
for local chief executives. Prior to this,
local governments had been simply local branches
of the central government, with the latter
appointing and dispatching the chiefs.
Despite the change, the autonomous power of
local governments at this point remains quite
limited. Virtually all major policies,
including those specifying local government
functions, taxation, resident welfare and
services, and personnel management, are
determined by the central government.
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Information
provided by the Korean Embassy
Korea's
Constitution
The
Constitution of the Republic of Korea was first
promulgated on July 17, 1948. Since then,
it has been amended nine times, with the October
27, 1987 amendment being the last one. The
focus of the amendments has generally been on
the President's powers and method of election,
and to a lesser extent, the structure of the
legislature.
Under
the original constitution, the President was
elected by the single-house National Assembly.
The first amendment, made in 1952, provided for
direct election of the President by popular
vote, in addition to provided for a bicameral
legislature. The second amendment, adopted
in 1954, includes a provision for the Vice
President to succeed the President in case of
his/her death or incapacitation. In July
1960, the Constitution was amended a third time
by the interim government which followed the
overthrow of authoritarian President Syngman
Rhee (this overthrow having been occasion by a
popular uprising led by students and supported
by the military). This third amendment
marked the adoption of a parliamentary system,
wherein the Prime Minister served as chief
executive, while a popularly elected President
served as the head of state and commander of
armed forces. The fourth amendment, in
November 1960, added a special provision to the
Constitution which enabled the National Assembly
to enact retroactive laws aimed at punishing
those directly involved in election fraud, or
punishing those responsible for the the killing
or wounding of people protesting such frauds.
Others liable for punishment included those
engaged in anti-democratic activities as well as
those public officials who, while serving the
previous government, were later convicted of
corruption.
The
fifth amendment (which corresponds to the first
rewriting of the Constitution) was made in 1962
by the military government which followed the
military coup-d-etat of 1961. This
amendment put the presidential system and the
single-house legislature back in place.
The sixth amendment, written in 1969, included a
provision to relax restrictions on the number of
consecutive terms a president could serve.
The limit was raised from two terms to three,
thus enabling President Park Chung Hee to seek a
third consecutive term. The seventh
amendment in 1972 (the second rewriting) went
still further, effectively allowing President
Park Chung Hee to rule for life. This was
accomplished by, on one hand, eliminating
restrictions on the number of terms the
President could serve, and on the other hand,
devising indirect elections of the President
through a newly created electoral college.
Under this Constitution, the President was truly
all-powerful, with the authority to fill
one-third of the seats in the National Assembly,
to dissolve the National Assembly, and to issue
emergency decrees that could be easily used as
means to oppress opposition groups or
individuals.
The
eighth amendment (the third rewriting) was made
in October 1980 by the military government of
Chun Doo Hwan, who took power following the
assassination of President Park Chung Hee in
October 1979. The amendment provided
for a single seven-year term for the President,
while maintaining the system of indirect
elections through an electoral college (thus
shielding Chun Doo Hwan from the risk of defeat
in a popular election). The ninth and last
amendment (the fourth rewriting) was made in
1987. It restored popular elections for
the President, who was henceforth restricted to
a single five-year term.
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The
Constitution provides for a three-branch
governing system whereby law-making functions
are in the preserve of the National Assembly,
administrative functions are in the preserve of
the executive branch, headed by the President,
and judicial functions belong to the courts.
Structurally, these three branches are highly
independent of each other. The members of
the national Assembly are elected by the people,
and the National Assembly's leaders and officers
are chosen by the members themselves. As
for the President, he/she is not required to
obtain the approval of the national Assembly in
appointing top executive officials, except
in the case of the Prime Minister and the
Director of the Board of Inspection and Audit.
The head of the Supreme Court, the Chief
Justice, although appointed by the President
with the consent of the national Assembly,
possesses the power to recommend to the
President the appointment of Supreme Court
Justices, and has the power to appoint all other
judges.
It
is not the Supreme Court but the Constitutional
Court that has the authority to render judgments
regarding the constitutionality of laws,
impeachment cases, and the dissolution of
political parties. The Constitutional
Court also adjudicates jurisdictional disputes
between government agencies, between national
and local governments, and between different
local governments.
The
Constitution supports a free-market economy.
It declares that the nation's economic order is
based on recognizing individual and corporate
freedom and creativity. It provides that
the right to acquire, develop and use natural
resources and to grant them exclusively to
particular agent(s) for a period of time
specified by law. it also recognizes State
obligations to ensure cultivation by
land-owners, and to support efficient and
balanced development regarding land use.
Proposals
to amend the Constitution may be initiated by
either the President or a majority of the
National Assembly. The National Assembly
should decide on the proposed amendments within
sixty days of their public announcement.
Passage of an amendment requires at least a
two-thirds majority of the entire membership of
the National Assembly, and requires assent by a
majority of the votes cast (with the additional
requirement that at least one-half of eligible
voters participate). One interesting, but
serious provision concerning constitution
amendments is that "an amendment made to
extend the term(s) of the President , or to
alter the number of the terms the President may
serve, is ineffective for the President who
holds the post when the amendment was
proposed." This provision reflects
past experience with Presidents who, as
discussed above, attempted to prolong their rule
through constitutional revision.
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Information
provided by the Korean Embassy
The
Judiciary System in
Korea
The
Constitutional Court
Activities
The
Constitutional Court safeguards the Constitution
by annulling any unconstitutional law passed by
the National Assembly. This is done through a
judgement passed by the Constitutional Court
upon request of a lower court, or upon request
of a party who has filed a Constitutional
Complaint whose request for referral was
rejected by the lower courts.
The
Constitutional Court also validates the legality
of impeachment proceedings and judgements of any
high-ranking public official, including the
President, Prime Minister or a judge, and
declares these proceedings legal and binding.
Furthermore, the Court may order the dissolution
of a political party, upon the request of the
Executive, if enough evidence exists to suggest
that the party in question has engaged in
illegal activities. This authority is assigned
to the Constitutional Court with the aim of
protecting the Constitution.
The
Constitutional Court also safeguards the
Constitution by protecting people's fundamental
rights. Anyone whose fundamental rights, which
are guaranteed by the Constitution, have been
infringed upon, by the exercise or omission of
the Executive power, may file a petition, for
relief or remedy, to the Constitutional Court.
Anyone whose consitutional rights have allegedly
been aggrieved by a legislative act itself may
also resort to the Court by means of a
Constitutional Complaint. Furthermore, any party
to a civil, criminal, or administrative case,
whose motion to have the case referred to the
Constitutional Court was rejected by the
ordinary court, may file a complaint directly to
the Constitutional Court, in order to seek a
final judgement. The adoption of the
Constitutional Complaint is the most distinctive
features of the current constitutional judgement
system. By giving the people direct access to
the Constitutional Court by means of filing a
Constitutional Complaint, this system guarantees
civil rights not only in theory but in practice.
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Organizations
The
Constitutional Court consists of nine justices
who are forty or more years of age and who have
had legal careers for fifteen or more years. All
justices are appointed by the President of the
Republic of Korea. However, the pool of
candidates from which the President can choose
Constitutional Court justices is selected by
both the Judiciary and the National Assembly.
The Chief Justice of the Supreme Court nominates
a number of candidates from which the President
must choose three. The rest are chosen out of a
pool of candidates nominated by the National
Assembly. In this way, all justices that make up
the Constitutional Court are selected by the
Legislative, the Executive, and the Judiciary.
The president
of the Constitutional Court is appointed by the
President of the Republic among the justices,
with the consent of the National Assembly.
Justices make their judgements independently,
guided only by the Constitution and their
conscience. No justice shall be discharged from
office against his or her will unless he or she
is impeached or is sentenced to prison. No
justice can join a political party or otherwise
participate in political activities.
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The
Judiciary
Judicial power
is vested in the courts, constitutionally an
independent branch of the Government. The court
system functions on three levels: the Supreme
Court, appellate courts, district courts
(including branch courts). Besides the
three-tier court system; the judiciary also
operates a family court, an administrative court
and a patent court. The courts judge civil,
criminal, administrative, election, and other
judicial litigations, and manage and supervise
affairs concerning the registration of real
estate, census register, deposits, and judicial
scriveners.
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Organizations
Supreme
Court
The Supreme
Court is the highest judicial tribunal of the
nation. It is located in Seoul and consists of a
Chief Justice and thirteen Justices. In the
Supreme Court, cases are presided over by either
the Grand Bench composed of the justices sitting
en banc (the entire membership of the
court participates in the decision) or the Petty
Benches, each of which is usually composed of
four justices.
The Supreme
Court deals with appeals against judgments or
decisions rendered by the high courts and the
appellate divisions of the district courts. The
Supreme Court also has exclusive jurisdiction
over the validity of a presidential and/or
general elections. It is empowered to make a
final review of the legality of administrative
decrees, regulations or dispositions.
The Supreme
Court may establish rules regarding internal
regulations, administration of the court, and
trial procedures.
The grounds
for appeal to the Supreme Court are prescribed.
In civil cases, they are limited to
constitutional and legal questions pertaining to
the judgments of lower courts. In criminal
lawsuits, an appeal may be brought in case of a
violation of the constitution or the law, the
abolition, alteration or excuse of a penalty; a
grave error in fact-finding; or extreme
impropriety in the sentencing.
To assist the
justices in hearing the enormous number of
cases, research judges are appointed from among
the judges of the high courts. At present, two
research judges are assigned to each justice
exclusively. There is also a pool of research
judges consisting of 20 to 30 judges.
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Appellate
Court
An appellate
court consists of a presiding judge and usually
three associate judges. It hears appeals against
verdicts of district or family courts in civil
or criminal cases, administrative cases, or
special cases designated by law. There are five
appellate courts in the country - Seoul, Taegu,
Pusan, Kwangju, and TaejCon.
They hold their own trials and reach decisions
for or against the verdicts of the lower courts.
Only appellate courts can dispense justice on
all administrative litigations filed by
individuals or organizations against any
government decision, order, or disposition.
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District
Court
District
courts which have primary jurisdiction over most
cases are set up in Seoul and 12 other major
cities, most of which are provincial capitals.
The District Court of Seoul is divided into two
separate courts; the Seoul Civil District Court
and the Seoul Criminal District Court. District
court trials usually are conducted by a single
judge, but a three-judge panel is mandatory in
such serious cases as civil cases in which the
value in question exceeds 50 million Won
(equivalent to about US$ 37,000), and criminal
cases in which the defendant can be sentenced to
death, penal servitude or imprisonment of more
than one year. A district court can be assisted
by one or more branch courts with single judges
for the purpose of dealing with a part of
district court business.
As of June 1,
1998, there were 42 branch courts and 105
municipal courts. Their purpose is to manage and
deal with the affairs of the district courts.
Municipal courts, which were created to maximize
judicial services to local people, have replaced
circuit courts. Municipal court judges preside
over small claims, minor offenses and divorce by
mutual agreement.
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Family
Court
The Family
Court is empowered to hear all cases involving
matrimonial, juvenile, or other domestic
matters. Court sessions are closed to the public
to insure the privacy of the individuals
concerned. At present, the Family Court is
located only in Seoul. In other places, the
appropriate district court handles such matters.
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Administrative
Court
The
Administrative Court, opened in Seoul on March
1, 1998, hears administrative cases only.
District courts outside of Seoul perform the
functions of the Administrative Court in their
respective district.
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Patent
Court
The Patent
Court, opened in TaejCon
on March 1, 1998, reviews decisions made by the
Patent Office as an intermediate appellate
jurisdiction. The Supreme Court plays a role as
the final tribunal of patent disputes. The
ordinary district courts, however, still hear
infringement cases.
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Courts-martial
The
courts-martial are military courts which
exercise jurisdiction over offenses committed by
members of the Armed Forces and their civilian
employees. These offenses include treason,
disobedience, desertion, or other crimes as
defined in the Military Penal Law. Civilians can
come under the jurisdiction of a court-martial
if implicated in cases of military espionage,
interference with the execution of military
duties, or certain other specified offenses.
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Qualification
and Appointment
The Chief
Justice and justices of the Supreme Court must
be 40 years old or over, with more than 15 years
of experience as judges, prosecutors or lawyers.
Judges other than those of the Supreme Court
must pass the Judicial Civil Service Examination
and complete the two-year training program at
the Judicial Research and Training Institute, as
well as serve another two-year as a
"probationary judge," or must be a
duly qualified prosecutor or lawyer. The Chief
Justice of the Supreme Court is appointed by the
President with the consent of the National
Assembly. Other justices are appointed by the
President upon the recommendation of the Chief
Justice. The judges of the lower courts are
appointed by the Chief Justice. The term of
office of the Chief Justice is six years and
he/she cannot be reappointed. Chief Justice must
retire from office at the age of 70. The term
for other justices is six years and they must be
reappointed in accordance with the provisions of
law, but must retire from office when they reach
the age of 65. All other judges must retire at
the age of 63.
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Guarantee
of Status
To insure the
independence of the Judiciary, the tenure of
judges is constitutionally guaranteed. No judge
may be dismissed except by impeachment or
criminal proceedings. Likewise, no judge can be
suspended from office or have his/her salary
reduced except through disciplinary action taken
by the Judicial Disciplinary Committee.
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Judicial
Administration
The Supreme
Court is vested with the responsibility of
judicial administration. The Chief Justice is in
charge of all the court administrative works and
he/she may submit a written opinion letter to
the National Assembly when he/she deems it
necessary to enact or amend laws relating to
court affairs. There are several administrative
entities, which are as following:
The Supreme
Court Justices Council consists of all 14
justices and is presided over the Chief Justice.
The council discusses the appointment of lower
court judges, the formulation of Supreme Court
rules and regulations, requests for budget
amendments or provisions, and other important
matter.
The Ministry
of Court Administration is an instrument
established by the Supreme Court which handles
the general administrative works of the court.
The Chief Justice appoints the Minister from
among the Justices. The ministry consists of
three Offices (Planning, Judicial Policy
Research, Personnel), four bureaus (Litigation,
Property and Family Registry, Court
Construction, General Affairs) and a Public
Relations Office.
The Judicial
Research and Training Institute is the only
uniform educational institution for the bench
and the bar in Korea. It provides a theoretical
as well as practical education to legal
apprentices who have passed the Judicial Civil
Service Examination. The two year program at the
institute is required for admission into the
legal profession. The institute also provides
judges with the opportunity for advanced
continuing education and assists their research
on legal matters.
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Supreme
Public Prosecutor's Office
Under the
control of the Ministry of Justice, there is a
system of public prosecutor's offices. The
prosecutors are empowered to conduct
investigations into violations of law and to
institute legal actions against suspected
law-breakers, directing and supervising the
judicial police under their control. As
protectors of the public interest, they attend
and address court hearings to insure due
application of the law and decrees.
The State's
highest prosecuting agency is the Supreme Public
Prosecutor's Office headed by the Prosecutor
General. It supervises and controls all
subordinate offices: the high prosecutor's
offices, district prosecutor's offices, and
branch prosecutor's offices. The high and
district prosecutor's offices are located in
cities where their judicial counterparts sit.
All these offices, including the Supreme Public
Prosecutor's Office, are under the direction of
the Minister of Justice. He/she is not, however,
authorized to assume control over a prosecutor's
disposition of justice, except when authorized
by pertinent laws.
The Prosecutor
General is appointed by the President among
experienced prosecutors, judges, or lawyers who
have practiced law for more than 15 years. Other
prosecutors are appointed by the Minister of
Justice.
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Information
provided by the Korean Embassy
Political
Parties and the National Election Commission
in Korea
Political
Parties
The
National Election Commission
Historically
political parties were born and developed in
conjunction with the democratization and
diversification of society. They are an
essential ingredient of the modern democratic
political system. Performances of political
parties in a given country is an important
yardstick of measuring the vitality of a
democracy. The Constitution of the Republic of
Korea, in Article 8, defines the important role
and function political parties play in the
Republic: "Political parties may be
organized freely and multiple parties shall be
allowed. The objectives, organization and
activities of a political party shall be
democratic. Political parties shall have an
organization conducive to participating in the
process of forming the people's political
opinions."
The
Constitution also declares that "political
parties shall be protected by the government
according to the provisions of relevant
laws." The most important law enacted by
the Constitutional mandate is the Political
Party Law. Directly quoting the definition of a
political party from the Constitution, the law
states that by virtue of being protected in its
activities and organizational process, the
political parties shall contribute to the
development of sound democratic politics. This
provision stresses freedom of political
activities.
The law
further says that a political party is an entity
organized by the spontaneous action of the
people with a purpose to allow people's
political opinions to be expressed. According to
the law, the political parties may achieve their
objectives by presenting responsible opinions
and policies and by supporting certain
candidates in public elections for the benefit
of the people. Thus, a political party is a
private organization that deals with matters of
public interest. The law also elaborates on the
rules for establishing and maintaining the
political parties and requirements for
democratic organization and operation. As of
August 1998, there were 10 political parties
active in Korea. Only four of them had seats in
the National Assembly-the Grand National Party
(GNP), the National Congress for New Politics (NCNP),
the United Liberal Democrats (ULD), and the New
Party by the People (NPP).
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Activities
of Political Parties
Modern
political parties based on democratic principles
were first introduced to Korea only after it was
liberated from the Japanese colonial government
in 1945. Initially, the political parties were
nothing but groups of small number of relatives,
acquaintances, schoolmates and townsfolk. The
Liberal Party, founded in 1951, was the first to
establish a nationwide organization. The
Democratic Party, the Democratic Republican
Party (DRP) and the New Democratic Party (NDP)
appeared later, and like the Liberal Party, it
also organized local branches around the
country.
Korean
political parties opposing the government
parties were subject to constant persecution by
successive military governments which first came
into power during the coup d'etat of 1961, led
by General Park Chung Hee. For this reason,
party politics existed only in name. Typical of
the government's abuse was the dissolution of
political parties by Park Chung Hee in 1961 and
the banning of political activities imposed on
party members by the Gen. Chun Doo Hwan
Administration in 1980.
Korean
political parties have largely been organized
around a particular leader instead of a party
platform or policies. Since each party is
operating around a political boss, political
parties were not able to represent all sectors
of the society despite their claims to the
contrary.
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The 1987
Constitutional amendment was a milestone in the
history of Korean democracy in that it
reinstated the principle of direct, popular
election of the President for the first time in
20 years. Inspired by the long-sought
Constitutional amendment, many politically
minded people created political parties under a
truly democratic system. Buoyed by the
democratic process of the 1987 election, people
seemed to believe that democracy was here to
stay.
In October
1987, Roh Tae Woo of the Democratic Justice
Party (DJP) was elected President by gathering
36.6 percent of the votes. His election was
attributed to the fact that the opposition camp
failed to put up a single candidate in a unified
fashion. Other candidates in the election were
Kim Young Sam of the Unified Democratic Party (UDP),
Kim Dae-jung of the Democratic Party for Peace,
Kim Jong-pil of the New Democratic Republican
Party (NDRP), and others from splinter parties.
The Korean people who had just recovered their
political freedom foresaw the possibility of a
genuine change of governmental power looming in
the not-too-distant future.
In the
13th-term National Assembly elections that were
held in April 1988, the ruling DJP managed to
win only 125 of the 299 seats. The remaining 71
went to the opposition Democratic Party for
Peace, 60 to the UDP, 35 to the NDRP, and eight
to independents. For the first time in the
history of the Republic, a government party
failed to obtain a majority of seats in the
Legislature.
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Because of the
minority status in the National Assembly, the
government had a hard time in pushing its
agenda. But the government's difficulties did
not last long as the governing DJP merged with
the opposition parties UDP and NDRP in January
1990. The giant coalition, comprising two-thirds
of the total membership, called itself the
Democratic Liberal Party (DLP). Some UDP
lawmakers protested the merger and formed the
Democratic Party (DP).
In 1991,
politicians were moving fast in preparation of
the 14th-term National Assembly elections
scheduled for January the next year. Faced with
the prospect of a showdown with the ruling
coalition, the opposition New Democratic
Alliance Party headed by Kim Dae-jung merged
with the Democratic Party led by Lee Ki-taek.
They actively sought the support of various
civic groups.
However, the
opposition was dealt a devastating defeat by the
ruling coalition in the local autonomy-unit
elections held in March and June 1995. This was
the first time such local elections were held
since 1961 when they were abolished by Park
Chung Hee.
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In early 1992,
Chung Ju-yung, founder of the Hyundai
conglomerate and his allies, created the Unified
People's Party (UPP), a middle-of-the-road
reform party. The UPP lost in the December
presidential election, but won 31 seats in the
National Assembly election in March of the same
year, a decent performance for a party only a
few months old. In the 14th-term parliamentary
elections, the ruling coalition of DLP ended up
winning one seat short from a simple majority.
This was a substantial setback for the
government party which had boasted a two-thirds
majority. The major opposition Democratic Party
won in 97 districts. In the December election,
Kim Young Sam was elected President by winning
42 percent of the votes.
In May 1995,
the United Liberal Democrats (ULD) was organized
by Kim Jong-pil who had broken away from the DLP.
In the local autonomy elections in June of the
same year, the ruling DLP suffered a major
defeat. Of the 15 provincial and metropolitan
gubernatorial elections, the government party
wound up winning only five seats. The opposition
took eight and the remaining two went to
independents. In the shi, gun and gu district
elections held in 230 electoral districts, the
government party won only 70 seats, compared
with the opposition's 107 seats. Independent
candidates took 53 seats. In this election, each
of the major parties won in only certain
regions, deepening worries about provincialism.
In the
15th-term National Assembly elections of 1996,
the NCNP's hopes were shattered when it ended up
getting only 79 of the 299 seats. The NCNP had
hoped to win a majority based on the excellent
performance of the opposition camp in the local
elections held just months before, even though
it had to break away from the Democratic Party
prior to the elections. The ruling New Korea
Party (NKP) won 139 seats, the ULD took 50, the
Democrats got 15, and the remaining 16 seats
went to independents. What worried the
opposition camp particularly was that they
failed to take a majority of the Seoul and KyConggi-do
seats for the first time in the history of
parliamentary elections. The ruling NKP took 54
of the 95 Seoul and KyConggi-do
seats.
The NCNP was
concerned about the results of the election
because it had mobilized all its resources to
win in the central metropolitan region in
preparation for the 1997 presidential election.
As for the
ideological variance for Korean political
parties, few were progressive or socialist in
ideological orientation. The Progressive Party
of the 1950s was probably the only one that
advocated radical social change based on
socialist ideas about class struggle. It was
subsequently repressed by the government in
power. With the expansion of political freedoms
during the 1980's, the People's Party and the
Party of the People was established in 1988 and
1990, respectively, but folded soon thereafter
due to the lack of support from the general
public. In November 1997, the Constructive
People's Victory 21 was created, but fizzled out
after dismal performances in the 1997
presidential and 1998 local elections.
The year 1997
saw another milestone in the Korean party
politics as there was a genuine transfer of
power between a ruling and an opposition party
for the first time in the 50 year existence of
the Republic. In the national election, Kim
Dae-jung of the opposition NCNP was elected
President by winning 40.3 percent of the votes,
1.6 percent over the ruling GNP's Lee Hoe-chang.
President Kim was inaugurated on February 25,
1998.
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Political
Party Finance
Organizing and
financing a political party requires a great
deal of money. To help secure the "Cost of
Democracy," the Law Governing Political
Funds stipulates that a political party may
collect money by means of membership fees,
support committee contributions and other
subsidies.
At the end of
the 1997, the GNP held the majority of National
Assembly seats, with 4,198,699 party members.
The governing coalition of NCNP and ULD had
845,276 and 1,601,727 members, respectively. The
New Party by the People had 108,573 members. All
the parties collect membership dues as well as
contributions from corporations, associations
and individuals. But those amounts fall far
short of meeting their overall financial needs.
The huge gaps
in the financial structure forced many political
parties and big businesses to make illegal deals
that ultimately corrupt politics and jeopardize
the economy of the whole nation. This vicious
cycle of political-business collusion has been a
major problem in Korea.
In order to
rectify the problem, Article 8 of the
Constitution states that "the State may
offer subsidies necessary for the operation of
political parties in accordance with the
provisions of the relevant laws." The
subsidies are only given to the parties which
meet certain legal requirements.
The amount of
subsidies are calculated by multiplying 800 Won
by the number of votes the political parties
received in the most recent national election.
The subsidies add up after each presidential,
National Assembly and local elections.
There are two
types of subsidies-basic and proportional. The
basic subsidies are 50 percent of the total
amount, and they are offered to those parties
with a negotiation group of 20 or more members
in the National Assembly. Those parties with
5-19 members get five percent of the total
amount each. Those parties that have less than
five Assembly seats, but have received a certain
rate of votes in the nationwide local autonomy
unit elections, may get two percent of the total
amount.
The remainder
of the subsidies go to the parties with
parliamentary seats proportionate to the number
of their seats. The balance, if any, goes to the
parties proportionate to the number of votes
each has received in the most recent Assembly
elections.
Political
parties and lawmakers may have a "support
committee" that are able to monetary
contributions. To operate the support committee,
the legislator, the party central committee,
provincial, city, or local election districts
must register with the National Election
Commission.
Individuals
and corporations can join these support
committees on their own free will, and
contribute their own money or the money
collected from non-committee members to the
parties and candidates of their choice. There is
a upper limit to the amount of contribution a
support committee can receive a year. In a
non-election year, the party central committee
can collect a maximum of 20 billion Won, a
metropolitan city or provincial committee can
take 2 billion Won, and the electoral district,
or a National Assembly candidate, can receive up
to 300 million Won per year. During a
presidential year or other election year, most
support committees may receive up to twice the
amount of a non-election year's maximum.
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Organization
The National
Election Commission (NEC) is an independent
council established for fair management of
elections and national referenda as well as
political party-related affairs. It is a
four-level setup composed of 17 central,
provincial and metropolitan city offices, 302
city wards or gu, shi and gun offices,
and 16,161 voting stations. The term of the
commissioner is six years; the commissioner must
not join a political party nor participate in
political activities. He or she must not be
dismissed from the position unless he/she is
impeached, or sentenced to prison, or has been
subject to other more serious punishments by a
court of law.
The commission
may conduct its meetings with half or more of
its members enrolled and make decisions with the
consent of half or more of the members present.
The president of the Commission has the right to
vote, and has the right to break a tie vote.
The commission
is composed of nine members; three of them are
appointed by the President of the Republic,
three by the National Assembly, and the
remaining three, by the Chief Justice. The
members elect a chairperson and one standing
member. It is customary for the members to elect
a Justice of the Supreme Court as a chairman of
the commission.
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Duties
The commission
manages national and local elections mandated by
the Constitution and the Election Rigging
Prevention Law as well as other elections
entrusted by public entities. They include the
following:
- Presidential
elections
- National
Assembly elections
- Elections of
local autonomous district heads (such as
metropolitan city mayors, province governors, shi
mayors, gu commissioners and gun commissioners.)
- Elections of
local autonomous district councils (such as
councils of metropolitan cities, provinces, shis,
gus and guns.)
- Elections
entrusted by public entities.
- Researches
on election systems
The commission
manages referenda regarding constitutional
revision and other important initiatives on
international relations, defense, national
reunification and other national security
issues.
The commission
also manages matters regarding the establishment
of political parties and their activities, as
well as the management of public political
funds.
The commission
conducts public relations campaign all year
round, to firmly establish a tradition of fair
elections. In addition to managing
constitutionally mandated affairs, the
commission holds public events and visits
various organizations and schools to give
speeches on the importance of elections. It also
educates new voters and supports fair election
activities sponsored by social and religious
groups.
To ensure
truly fair elections, the commission focuses its
effort not only on the enforcement of fair
voting and ballot counting, but also on making
sure that election campaigns are carried out
lawfully. The commission actively seeks to
prevent illegal campaign practices by political
parties and candidates. If illegality is
suspected, it takes due and prompt investigatory
action.
The Election
Management Institute of the commission regularly
trains its employees at all levels, including
civil servants and other elections management
and political party workers, on the subject of
election procedures, political parties as well
as the management and distribution of political
funds.
The commission
initiates legislation and revision of laws
concerning elections, referenda and political
parties through the National Assembly when it
deems necessary.
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Information
provided by the Korean Embassy
Korean
Ministries
Currently
there are seventeen executive ministries, the
heads of which are designated as members of the
State Council. These ministries are
responsible for the formulation and
implementation of government policies in their
respective policy areas. Ministers are
appointed by the President with the
recommendation of the Prime Minister. They
have the right to lead and supervise the
executive ministries under their management, to
deliberate major state affairs, to act on behalf
of the President and appear in the National
Assembly, and to issue Ministry orders as
delegated by Presidential orders.
Ministers are collectively and individually
responsible to the President.
Besides
the executive ministries, there are seventeen
functionally independent agencies and
administrations whose scope of activities is
relatively narrow and specific. Each
agency/administration is typically headed by
Vice-ministerial level administrators (three of
them are headed by Assistant-minister level
officials) appointed by the President with the
recommendation of the Prime Minister. They
are allied with specific ministries as well as
the Prime Minister, and function under the
supervision of the affiliated ministers.
The seventeen agencies/administrations are: the
Office of National Budget, the National Tax
Administration, the Korea Customs Office, the
National Statistical Office, the Supreme Public
Prosecutor's Office, the Military Manpower
Administration, the National Police Agency, the
Korea Meteorological Administration, the Office
of Cultural Properties, the Rural Development
Administration, the Forestry Administration, the
Small and Medium Business Administration, the
Korean Industrial Property Office, the Korea
Food and Drug Administration, the National
Railroad Administration, the Supply
Administration, and the National Maritime Police
Agency.
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Ministry
of Finance and Economy
The Ministry
of Finance and Economy is in charge of policies
concerning the formation and execution of
government budgets, mobilization of resources,
investment, technical development, and economic
cooperation with foreign countries and
international organizations. This ministry is
also responsible for the central government's
financial affairs, including financial bills,
currency, national bonds, accounts, taxation,
customs, foreign exchange, and control of
state-owned and vested properties. The Minister
of Finance and Economy is responsible for
coordinating all transactions between ministries
related to economy and finance.
The Ministry
undertakes these responsibilities through its
Office of Tax and Customs (under which are three
bureau-level officers: Internal Revenue and Tax
Affairs; Property, Consumption and International
Tax Affairs; and Customs and Tariffs) as well as
through the Bureaus of Economic Policy,
Treasury, Financial Policy, International
Finance, Economic Cooperation, and Welfare and
Price Policy. The Ministry's jurisdiction
extends over the National Tax College and
National Tax Tribunal. Finally, the Ministry
controls and supervises five independent
agencies: Office of National Budget, National
Tax Administration, Korea Customs Office, and
National Statistical Office.
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Ministry
of Unification
The Ministry
of Unification undertakes policy planning,
information analysis, public education and
public information on issues concerning national
unification. These responsibilities are carried
out by the Unification Policy Office, the
Information Analysis Office, the Inter-Korean
Interchange and Cooperation Bureau, and the
Humanitarian Affairs Bureau. It also runs the
Institute of Political Education for National
Unification, the Office of South-North Dialogue,
and the Secretariat Office of Advisory Council
on Democratic and Peaceful Unification.
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Ministry
of Foreign Affairs and Trade
The Ministry
of Foreign Affairs and Trade has jurisdiction
over all matters concerning diplomacy, trade and
treaties with foreign countries. It formulates
and implements diplomatic policies; formulates,
implements, integrates and coordinates
diplomatic policies related to trade, trade
talks and international economy; provides
overseas information; conducts surveys of
international environs; and handles matters
concerning treaties and other international
agreements, cultural cooperation, immigration,
and protection and assistance to Korean
nationals abroad. The Ministry is responsible
for Korean missions to other countries which are
headed by ambassadors, consul-generals or
consuls, and maintains relations with the
diplomatic and consular representatives of
foreign nations in Korea. The Ministry is also
responsible for matters concerning economic and
financial relations with other countries.
The Ministry
carries out these functions through the Office
of Policy Planning; and the Bureaus of Asian and
Pacific Affairs, North American Affairs, Latin
American and Caribbean Affairs, European
Affairs, Middle East and African Affairs,
Treaties, International Economic Affairs,
Cultural Cooperation, and Overseas Residents and
Consular Affairs; and three trade-related
bureaus (Trade Promotion, Bilateral Trade,
Multilateral Trade) which are supervised by the
recently established Office of Minister of State
for Trade. The Minister of State for Trade
serves as the trade representative under the
Minister of Foreign Affairs and Trade. The
Ministry also controls and supervises the
Institute of Foreign Affairs and National
Security, the Korea International Coopera-tion
Agency, the Korea Foundation, and the Overseas
Koreans Foundation.
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Ministry
of Justice
The Ministry
of Justice is responsible for the prosecution,
probation and security observation, penal
administration, protection of juveniles,
rehabilitation, control of crossborder
exit/entry, protection of human rights,
naturalization, notary, and other legal affairs
of government. It is further responsible for the
prison system, immigration, and the supervision
of prosecutors. All criminal justice and prison
systems are national functions.
The policies
and programs of Justice Ministry are carried out
through the Office of Legal Affairs, the
Prosecution Bureau, the Immigration Bureau, the
Correction Bureau, and the Social Protection
& Rehabilitation Bureau. The Ministry
controls and supervises the Supreme Public
Prosecutor's Office.
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Ministry
of National Defense
The Ministry
of National Defense (MND) deals with policies,
rules and orders related to national defense,
and all other military affairs. The Armed Forces
- Army, Navy, Air Force, Marine Corps, and
Reserve Forces - are placed under the control of
this ministry.
The MND
undertakes its functions through Deputy
Ministers for Policy, Human Resources, and
Aquisition and Technology. These have 17 offices
and bureaus as sub-institutions. They are: the
Troop Information and Public Affairs Office, the
Legal Affairs Management Offices, the Inspector
General, the Office of Organization and Manpower
Management, the Health and Environment Offiice,
the Arms Control Office, the Planning and
Coordination Office, the Force Improvement
Programming Office, the Project Coordination
Office, the Aquisition and Development Office,
the Policy and Planning Bureau, the Personnel
and Welfare Bureau, the Mobilization Bureau, the
Budget and Finance Bureau, the Logistics Bureau,
the Installations Bureau, and the Information
Systems Bureau.
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Ministry
of Government Administration and Home Affairs
The Ministry
of Government Administ-ration and Home Affairs
(which represents the merging of two differnt
organization, the Ministry of Government
Administration and the Ministry of Home Affairs)
undertakes virtually all service and management
functions related to the operation of central
and local governments.
Its
responsibilities are carried out through the
Bureaus of Protocol and State Council,
Personnel, Administrative Management, Local
Autonomy Support, Local Finance and Economy, and
Local Tax. Under the Headquarters of Civil
Defense and Disaster Management are three
additional bureaus: Civil Defense and Disaster
Management, Disaster Prevention and
Preparedness, and Fire Administration.
The Ministry
has under its jurisdiction an array of
institutions, including the Central Officials
Training Institute, the Appeals Commission, the
Government Buildings Supply and Management
Service, the Government Archives and Records
Service, the Government Computer Center, the
Local Administration Training Institute, the
National Institute for Disaster Prevention, the
National Fire Service Academy, the National
Institute of Scientific Investigation, National
119 Rescue Services, and Five Provinces of
Northern Korea. The National Police Agency is
also under the direction and supervision of this
ministry.
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Ministry
of Education
The Ministry
of Education is responsible for issues and
concerns pertaining to both formal and
non-formal education. The Ministry consists of
two offices, the Office of Planning and
Management, and the School Policy Offices, and
four bureaus, the Life-long Education Bureau,
the Academic Research Policy Bureau, the
Education Environment Improvement Bureau and the
Cyber Education Bureau. These bureaus, in
working in coordination with one another,
fulfill their various duties and wide-ranging
tasks.
The Ministry
also oversees the National History Compilation
Committee, the National Institute for
International Education Development, the
National Institute for Training of Educational
Administrators, the Appeal Commission for
Teachers, the Korean Institute for Special
Education, and the National Academy of Sciences.
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Ministry
of Science and Technology
The Ministry
of Science and Technolo-gy is responsible for
overseeing national S & T policy,
administering affairs related to S & T
policy-making, and coordinating national R &
D programs. It carries out these tasks through
the Planning & Management Office, the R
& D Policy Office, and Atomic Energy Office,
the S & T Policy Bureau, the Basic Science
& Manpower Bureau, and the S & T
Cooperation Bureau. This ministry also operates
the National Science Museum and supervises the
Meteorological Administration.
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Ministry
of Culture and Tourism
The Ministry
of Culture and Tourism is responsible for the
formulation and implementation of policies
concerning culture, arts, broadcasting
management, publications, printed matter,
sports, youth, overseas cultural information
services, and tourism. These functions are
undertaken by the Office of Religious Affairs;
and the Bureaus of Cultural Policy, Arts,
Culture Industry, Tourism, Sports, and Youth.
This ministry
operates, controls and supervises the largest
number of agencies of all the ministries. This
list includes the Office of Cultural Properties,
the Korean National University of Arts, the
National Academy of Arts, the National Museums,
the National Academy of Korean Language, the
National Library, the National Theater, the
National Museum of Contemporary Art, the
National Center for Korean Traditional
Performing Arts, the National Film Production
Center, the Government Publishing Office and the
National Folk Museum. It |
