Politics

The government of South Korea is divided into three branches: executive, judicial, and legislative. The executive and judicial branches operate primarily at the national level, although various ministries in the executive branch also carry out local functions. Local governments are semi-autonomous, and contain executive and legislative bodies of their own. The judicial branch operates at both the national and local levels.

As with most stable three-branch systems, a careful system of checks and balances is in place. For instance, the judges of the Constitutional Court are partially appointed by the executive, and partially by the legislature. Likewise, when a resolution of impeachment is passed by the legislature, it is sent to the judiciary for a final decision.

Constitution

The South Korean government's structure is determined by the Constitution of the Republic of Korea. This document has been revised several times since its first promulgation in 1948. However, it has retained many broad characteristics; with the exception of the short-lived Second Republic of South Korea, the country has always had a presidential system with a relatively independent chief executive.

Executive Branch

The executive branch is headed by the president. The president is elected directly by the people, and is the only elected member of the national executive. The president serves for one five-year term; additional terms are not permitted. The president is head of government, head of state, and commander in chief of the South Korean armed forces. The president is vested with the power to declare war, and can also propose legislation to the National Assembly. He can also declare a state of emergency or martial law, subject to the Assembly's subsequent approval. However, the president does not have the power to dissolve the National Assembly. This safeguard reflects the experience of totalitarian governments under the First, Third, and Fourth Republics.

In the event that they are suspected of serious wrongdoing, the president and cabinet-level officials are subject to impeachment by the National Assembly. Such cases are decided by the Constitutional Court.

The president is assisted in his duties by the Prime Minister of South Korea. The Prime Minister is appointed by the president and approved by the National Assembly. In the event that the president is unable to fulfil his duties, the Prime Minister takes control of the state. There are no limits on who can fill the position. The Prime Minister has the power to recommend the appointment or dismissal of cabinet ministers.

State Council

The State Council is made up of the president, Prime Minister and cabinet-level ministers. These ministers represent the 18 ministries of the South Korean government. The Council is charged with deliberating on major policy decisions; its meetings are chaired by the president and officiated by the Prime Minister. Although the Council has no power to make final decisions, the Constitution requires that certain matters be brought to it before final decisions are made. These include bestowals of state honours, drafts of constitutional amendments, declarations of war, budget proposals, government restructurings, and emergency orders.

Legislative Branch

At the national level, the legislative branch consists of the National Assembly of South Korea. This is a unicameral legislature; it consists of a single large assembly. Most of its 273 members are elected from single-member constituencies; however, 46 are elected through proportional representation. The members of the National Assembly serve for four years; in the event that a member is unable to complete his or her term, a by-election is held. The National Assembly is charged with deliberating and passing legislation, auditing the budget and administrative procedures, ratifying treaties, and approving state appointments. In addition, it has the power to impeach or recommend the removal of high officials.

The Assembly forms 17 standing committees to deliberate matters of detailed policy. For the most part, these coincide with the ministries of the executive branch.

Sessions of the Assembly may be either regular (once a year, for no more than 100 days) or extraordinary (by request of the president or a caucus, no more than 30 days). These sessions are open-door by default, but can be closed to the public by majority vote or by decree of the Speaker. In order for laws to be passed in any session, a quorum of half the members must be present.

Bills pass through these committees before they reach the floor. However, before they reach committee, they must already have gained the support of at least 20 members, unless they have been introduced by the president. To secure final passage, a bill must receive a majority of those present; a tie vote is not sufficient. After passage, bills are sent to the president for approval; they must be approved within 15 days.

Each year, the budget bill is submitted to the National Assembly by the executive. By law, it must be submitted at least 90 days before the start of the fiscal year, and the final version must be approved at least 30 days before the start of the fiscal year. The Assembly is also responsible for auditing accounts of past expenditures, which must be submitted at least 120 days before the start of the fiscal year.

Currently, four political parties of South Korea are represented in the National Assembly.

Judicial Branch

The judicial branch is headed by the Constitutional Court. This system was newly established in the Sixth Republic, to help guard against the excesses shown by past regimes. The Constitutional Court consists of nine justices. Of these, three are recommended by the Chief Justice of the Supreme Court, three by the National Assembly, and three by the president; however, all must be appointed by the president. The President of the Constitutional Court is appointed by the national president, subject to the approval of the National Assembly. The members of the court serve for six-year renewable terms, and cannot be older than 65 (except for the President of the court, who may be as old as 70).

The Constitutional Court is charged purely with constitutional review and with deciding cases of impeachment. Other judicial matters are overseen by the Supreme Court. This is the final court of appeal for all cases in South Korean law. The Supreme Court, seated in Seoul, consists of fourteen Justices, including one Chief Justice. The Justices must be at least 40 years old, and have at least 15 years of experience practicing law. They serve for six-year terms; the Chief Justice cannot be reappointed, but the other justices can.

Below the Supreme Court come appellate courts, stationed in five of the country's major cities. Appellate courts typically consist of a panel of three judges. Below these are district courts, which exist in most of the large cities of South Korea. Below these are branch and municipal courts, positioned all over the country and limited to small claims and petty offences. Specialised courts also exist for family, administrative, and patent cases.

All courts are under the jurisdiction of the national judiciary; independent local courts are not permitted. Judges through out the system are required to have passed a rigorous training system including a two-year program and two-year apprenticeship. All judicial training is provided through the Judicial Research and Training Institute, and is limited to those who have already passed the National Judicial Examination. The Chief Justice of the Supreme Court has the power over all court administration, and can recommend court-related legislation to the National Assembly.

Foreign Relations

In its foreign relations, South Korea is primarily concerned with North Korea and the neighbouring countries of China, Japan, and Russia, as well as its main ally, the United States. The US was the primary driver in the establishment and initial sustenance of the South Korean government before the Korean War of 1950-1953; however, since the 1990s the two nations have often been at odds with regard to their policies towards North Korea.

Both North and South Korea continue to claim official sovereignty over the entire peninsula. Despite longstanding animosity following the Korean War in 1950 (which has still not officially ended), the South and North have in recent times sought to establish a more conciliatory relationship. Events such as family reunifications and the Olympic Games, where the two Koreas entered the opening ceremonies together but still competed as separate teams, promised a gradual thaw in the North-South relationship. However, the progress has been complicated by North Korean missile tests in 1993, 1998 and 2006.

South Korea and Japan signed the Treaty on Basic Relations between Japan and the Republic of Korea in 1965. However South Korea's relations with Japan continue to be turbulent due to a number of unsettled Korean-Japanese disputes, many of which stemmed from the period of Japanese occupation. During World War II, more than 100,000 Koreans civilians were conscripted into the Imperial Japanese Army as officers and soldiers. Longstanding issues such as Japanese war atrocities against Korean civilians, the visits by Japanese politicians to the Yasukuni Shrine honouring convicted war criminals, the re-writing of Japanese textbooks to overlook Japanese aggression during World War II, and the territorial disputes over the islands of Dokdo (known as 'Takeshima' in Japanese) continue to trouble Korean-Japanese relations. In response to then-Prime Minister Junichiro Koizumi's repeated visits to the Yasukuni shrine, the President of South Korea Roh Moo-hyun suspended all summit talks between South Korea and Japan.

South Korea and China established formal diplomatic relations on August 24, 1992, despite previous hostility dating back to the Korean War.

In addition, South Korea maintains diplomatic relations with approximately 170 countries. The country has also been a member of the United Nations since 1991, when it joined at the same time as North Korea. On January 1, 2007, South Korean Foreign Minister Ban Ki-Moon assumed the post of UN Secretary General. It has also developed links with ASEAN as both a member of 'ASEAN Plus three' and the East Asia Summit (EAS).

Military

The South Korean military is composed of the Republic of Korea Army (ROKA), Republic of Korea Navy (ROKN), Republic of Korea Air Force (ROKAF), and Republic of Korea Marine Corps (ROKMC), together with reserve forces. Many of these forces are concentrated near the border with North Korea. All South Korean males are constitutionally required to serve in the military, typically for a period of twenty-four months.

The United States has stationed a substantial contingent of troops in the ROK since the Korean War. The American Troops are stationed in bases, of which most are camps. They are considered camps not for their lack of buildings or support structure; but, in order to represent a lack of permanence for the ROK Government.

From time to time, South Korea has sent its troops overseas to assist American forces. South Korea dispatched 320,000 troops to fight alongside American soldiers in the Vietnam War. Most recently, South Korea sent 3,300 troops in the form of the Zaytun Division to assist with reconstruction efforts in northern Iraq, the largest contributor after the US and Britain.