CHAPTER VI THE CONSTITUTIONAL COURT

CHAPTER VI THE CONSTITUTIONAL COURT Article 111(1) The Constitutional Court shall have jurisdiction over the following matters:1. The constitutionality of a law upon the request of the courts;2. Impeachment;3. Dissolution of a political party;4. Competence disputes between State agencies, between State agencies and local governments, and between local governments; and5. Constitutional complaint as prescribed by Act.(2) The Constitutional Court shall be composed of nine Justices qualified to be court judges, and they shall be appointed by the President.(3) Among the Justices referred to in paragraph (2), three shall be appointed from persons selected by the National Assembly, and three appointed from persons nominated by the Chief Justice of the Supreme Court.(4) The president of the Constitutional Court shall be appointed by the President from among the Justices with the consent of the National Assembly. Article 112(1) The term of office of the Justices of the Constitutional Court shall be six years and they may be reappointed under the conditions as prescribed by Act.(2) The Justices of the Constitutional Court shall not join any political party, nor shall they participate in political activities.(3) No Justice of the Constitutional Court shall be expelled from office except by impeachment or a sentence of imprisonment without prison labor or heavier punishment. Article 113(1) When the Constitutional Court makes a decision of the constitutionality of a law, a decision of impeachment, a decision of dissolution of a political party or an affirmative decision regarding the constitutional complaint, the concurrence of six Justices or more shall be required.(2) The Constitutional Court may establish regulations relating to its proceedings and internal discipline and regulations on administrative matters within the limits of Act.(3) The organization, function and other necessary matters of the Constitutional Court shall be determined by Act. CHAPTER VII ELECTION MANAGEMENT Article 114(1) Election commissions shall be established for the purpose of fair management of elections and national referenda, and dealing with administrative affairs concerning political parties.(2) The National Election Commission shall be composed of three members appointed by the President, three members selected by the National Assembly, and three members designated by the Chief Justice of the Supreme Court. The Chairperson of the Commission shall be elected from among the members.(3) The term of office of the members of the Commission shall be six years.(4) The members of the Commission shall not join political parties, nor shall they participate in political activities.(5) No member of the Commission shall be expelled from office except by impeachment or a sentence of imprisonment without prison labor or heavier punishment.(6) The National Election Commission may establish, within the limit of Acts and decrees, regulations relating to the management of elections, national referenda, and administrative affairs concerning political parties and may also establish regulations relating to internal discipline that are compatible with Act.(7) The organization, function and other necessary matters of the election commissions at each level shall be determined by Act. Article 115(1) Election commissions at each level may issue necessary instructions to administrative agencies concerned with respect to administrative affairs pertaining to elections and national referenda such as the preparation of the pollbooks.(2) Administrative agencies concerned, upon receipt of such instructions, shall comply. Article 116(1) Election campaigns shall be conducted under the management of the election commissions at each level within the limit set by Act. Equal opportunity shall be guaranteed.(2) Except as otherwise prescribed by Act, expenditures for elections shall not be imposed on political parties or candidates. CHAPTER VIII LOCAL AUTONOMY Article 117(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 118(1) A local government shall have a council.(2) The organization and powers of local councils, and the election of members; election procedures for heads of local governments; and other matters pertaining to the organization and operation of local governments shall be determined by Act. CHAPTER IX THE ECONOMY Article 119(1) The economic order of the Republic of Korea shall be based on a respect for the freedom and creative initiative of enterprises and individuals in economic affairs.(2) The State may regulate and coordinate economic affairs in order to maintain the balanced growth and stability of the national economy, to ensure proper distribution of income, to prevent the domination of the market and the abuse of economic power and to democratize the economy through harmony among the economic agents. Article 120(1) Licenses to exploit, develop or utilize minerals and all other important underground resources, marine resources, water power, and natural powers available for economic use may be granted for a period of time under the conditions as prescribed by Act.(2) The land and natural resources shall be protected by the State, and the State shall establish a plan necessary for their balanced development and utilization. Article 121(1) The State shall endeavor to realize the land-to-the-tillers principle with respect to agricultural land. Tenant farming shall be prohibited.(2) The leasing of agricultural land and the consignment management of agricultural land to increase agricultural productivity and to ensure the rational utilization of agricultural land or due to unavoidable circumstances, shall be recognized under the conditions as prescribed by Act. Article 122The State may impose, under the conditions as prescribed by Act, restrictions or obligations necessary for the efficient and balanced utilization, development and preservation of the land of the nation that is the basis for the productive activities and daily lives of all citizens. Article 123(1) The State shall establish and implement a plan to comprehensively develop and support the farm and fishing communities in order to protect and foster agriculture and fisheries.(2) The State shall have the duty to foster regional economies to ensure the balanced development of all regions.(3) The State shall protect and foster small and medium enterprises.(4) In order to protect the interests of farmers and fishermen, the State shall endeavor to stabilize the prices of agricultural and fishery products by maintaining an equilibrium between the demand and supply of such products and improving their marketing and distribution systems.(5) The State shall foster organizations founded on the spirit of self-help among farmers, fishers and business persons engaged in small and medium industry and shall guarantee their independent activities and development. Article 124The State shall guarantee the consumer protection movement intended to encourage sound consumption activities and improvement in the quality of products under the conditions as prescribed by Act. Article 125The State shall foster foreign trade, and may regulate and coordinate it. Article 126Private enterprises shall not be nationalized nor transferred to ownership by a local government, nor shall their management be controlled or administered by the State, except in cases as prescribed by Act to meet urgent necessities of national defense or the national economy. Article 127(1) The State shall strive to develop the national economy by developing science and technology, information and human resources and encouraging innovation.(2) The State shall establish a system of national standards.(3) The President may establish advisory organizations necessary to achieve the purpose referred to in paragraph (1). CHAPTER X AMENDMENTS TO THE CONSTITUTION Article 128(1) A proposal to amend the Constitution shall be introduced either by a majority of the total members of the National Assembly or by the President.(2) Amendments to the Constitution for the extension of the term of office of the President or for a change allowing for the reelection of the President shall not be effective for the President in office at the time of the proposal for such amendments to the Constitution. Article 129Proposed amendments to the Constitution shall be put before the public by the President for twenty days or more. Article 130(1) The National Assembly shall decide upon the proposed amendments within sixty days of the public announcement, and passage by the National Assembly shall require the concurrent vote of two thirds or more of the total members of the National Assembly.(2) The proposed amendments to the Constitution shall be submitted to a national referendum not later than thirty days after passage by the National Assembly, and shall be determined by more than one half of all votes cast by more than one half of voters eligible to vote in elections for members of the National Assembly.(3) When the proposed amendments to the Constitution receive the concurrence prescribed in paragraph (2), the amendments to the Constitution shall be finalized, and the President shall promulgate it without delay.