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Presidential Regime
and the Korean Model of
Democratic Transition
CSID-Tunisia Conference
Jeongmin Seo
Graduate School of International and Area Studies
Hankuk University of Foreign Studies
1
2017-05-23
An Overview of Constitution Transitions Regarding
Presidential System in Korea 1
Enactment/
Major Change
Amendment
Establishment -presidential system
of Constitution -indirect election of president
-limitation of three four year
in July 1948
consecutive terms
-4 year unicameral parliament
The First
-direct election of president
Amendment
-bicameral legislature
in Jul. 1952
The 2nd
Amendment
in Nov. 1954
The 3rd
Amendment
in Jun. 1960
-removal term limits for the
president
Background
-establishment of ROK
-Pres. Rhee objected proposed
parliamentary cabinet system
-Pres. Rhee controlled
the amendment process
through his suppression of PMs
-Rhee again forced an amendment
after his being sworn in
for the third term
-parliamentary cabinet system -more democratic constitution
-a figurehead president
after the 4.19 uprising
-bicameral legislature
An Overview of Constitution Transitions Regarding
Presidential System in Korea 2
Enactment/
Major Change
Amendment
The 4th
-added a special provision to the
Amendment Constitution which enabled the
in Nov. 1960 National Assembly to enact
retroactive laws aimed at punishing
ex-regime supporters
The 5th
-the presidential system back in place
Amendment -limitation of two 4 year consecutive
in Dec. 1962 terms
- 4 year term single-house legislature
back in place
The 6th
-relaxing restrictions on the number
Amendment of consecutive terms a president
in Oct. 1969 could serve
-the limit was raised from two terms
to three
The 7th
-eliminating restrictions on the
Amendment number of terms of the president
in Dec. 1972 -six year terms fro the president
-indirect election of the president
through a newly created electoral
college
Background
-to punish those involved in election
fraud, responsible for the killing of
people protesting such frauds
-the 1960 version was nullified after
the May 1961 coup
-the third republic’s constitution
-enabling President Park Chung Hee
to seek a third consecutive term.
-the fourth republic (Yusin) constitution
-giving the president sweeping powers
with the authority to fill one-third of the
seats in the National Assembly, to
dissolve the National Assembly, and to
issue emergency decrees
-allowing the president to rule for life
An Overview of Constitution Transitions Regarding
Presidential System in Korea 3
Enactment/
Amendment
Major Change
Background
The 8th
-a single seven-year term for
Amendment the president
in Oct. 1980 -indirect election through a electoral
college
-Pres. Park’s assassination in 1979
-the beginning of the 5th Republic
(a neo-military regime) in 1980
under Pres. Chun
-limited restriction on power of
president
The 9th
-a single five-year term
Amendment -direct election of president
in Oct. 1987
-the current constitution
-after the pro-democratic uprising
in June 1987
-the first constitution agreed by the
ruling and opposition parties
Key Factors in Persistent Presidential System in Korea
US Influence
Nation-State
Building Coping
with Ideological Conflicts and
Regionalism
Security Issue with North Korea:
National Unity Needed; Taking
Advantage of the Security
Environment during the Cold War
by the Regimes
Tradition of Strictly Hierarchical
Society and Great Respect for
Authority, Age and Seniority
A String Leadership Needed to
Reconstruction
Support for the Developmental
Authoritarianism
No Two-Party System
Fragile Technocrat-Bureaucratic
System
GDP Growth in Korea
7
2017-05-23
8
2017-05-23
9
2017-05-23
Current Debate on Semi-Presidential System in Korea
Introduction
of Semi-Presidential System is Very Hot Issue
in Korea
Reducing Presidential Power
Mixed with Partial Parliamentary System giving more
authority and power to Prime Minister who represents a ruling
party but share, check and balance presidential power
Two 4-year Consecutive Terms of Presidency
Applicability of Korean Model of Presidential System to
Tunisia
Something
to Learn, but Not
Applicable
Similarities: Colonial
Experience, Ideological Division,
Relatively Positive National Unity,
Economic Environment
Differences: Degree of External
Security Threat; Religion-Related
Factor; Economic and Industrial
Development;
Possible Parliamentary System
in Tunisia: Experience of
Authoritarian Presidential System
and Good Environment of Two
Party System
Presidential System
Recommended for Develop
Economy and Industrialization