South Korea
The justice system of South Korea
A unitary republic under the 1987 Constitution, with independent judges, two apex courts and concentrated constitutional review.
Facts on this page were checked against their sources on .
South Korea is a unitary state: its territory is a single indivisible unit (Article 3), and local governments deal only with local administrative and welfare matters, not the courts, prosecution, police or prisons (Articles 117–118). Judicial power is vested in the courts (Article 101), judges are independent (Article 103), and their tenure is protected — removal only by impeachment or criminal punishment (Article 106).
The same idea, explained generally
- What is justice?
Justice is the principle that people should be treated according to rules that apply equally to everyone, decided by bodies that are authorised, constrained, and answerable. This guide explains what that means institutionally.
- What is the rule of law?
The rule of law is the principle that everyone, including the government, is subject to law that is public, applied equally, and interpreted by independent courts. This guide explains what it requires and what it does not.
- What do courts do?
Courts resolve disputes, test the state’s case against individuals, interpret law, and review public decisions. This guide explains those functions and why judicial independence is structural.
Sources
Sources
Constitution of the Republic of Korea (1948, wholly revised 1987) — English translation
Comparative Constitutions Project (Constitute) · Legislation · 1987 · link verified 2026-07-27
The Comparative Constitutions Project (Constitute) English translation of the Constitution of the Republic of Korea (originally 1948, wholly revised in the ninth amendment of 1987, in force from 25 February 1988), read directly and re-confirmed. An UNOFFICIAL translation; the Korean text is authoritative. Supports Art. 3 (the territory is the Korean peninsula and its adjacent islands — a single indivisible unitary state); Art. 12 (warrants issued by a judge "upon the request of a prosecutor"); Art. 101 (judicial power vested in courts); Art. 103 ("Judges shall rule independently according to their conscience and in conformity with the Constitution and law"); Art. 106 (tenure — removal only by impeachment or criminal punishment); Art. 107 (a court doubting a statute's constitutionality refers the question to the Constitutional Court — concentrated review); Arts. 111–113 (the Constitutional Court's jurisdiction, nine adjudicators, and the six-vote requirement); and Arts. 117–118 (local self-government limited to local administrative/welfare matters, not justice).