TheConstitution of South Korea and the amended Presidential Election Act of 1987 provide for election of the president by direct, secret ballot, ending sixteen years of indirect presidential elections under the preceding two authoritarian governments. The president is directly elected to a five-year term, with no possibility of re-election.[2] If a presidential vacancy should occur, a successor must be elected within sixty days, during which time presidential duties are to be performed by theprime minister or other senior cabinet members in the order of priority as determined by law. The president is exempt from criminal liability (except for insurrection or treason).
Prior to the establishment of theFirst Republic in 1948, theProvisional Government of the Republic of Korea established inShanghai in September 1919 as the continuation of several governments proclaimed in the aftermath ofMarch First Movement earlier that year coordinated resistance againstJapanese rule. The legitimacy of the Provisional Government has been recognized and succeeded by South Korea in the latter's original Constitution of 1948 and the current Constitution of 1987.
The presidential term has been set at five years since 1988. It was previously set at four years from 1948 to 1972, six years from 1972 to 1981, and seven years from 1981 to 1988. Since 1981, the president has been barred from re-election.
to veto bills (subject to a two thirds majority veto override by the National Assembly)[6]
If theNational Assembly votes against a presidential decision, it will be declared void immediately.
The president may refer important policy matters to a national referendum, declare war, conclude peace and other treaties, appoint senior public officials, and grant amnesty (with the concurrence of the National Assembly). In times of serious internal or external turmoil or threat, or economic or financial crises, the president may assume emergency powers "for the maintenance of national security or public peace and order." Emergency measures may be taken only when the National Assembly is not in session and when there is no time for it to convene. The measures are limited to the "minimum necessary".
The 1987 Constitution removed the 1980 Constitution's explicit provisions that empowered the government to temporarily suspend the freedoms and rights of the people. However, the president is permitted to take other measures that could amend or abolish existing laws for the duration of a crisis. It is unclear whether such emergency measures could temporarily suspend portions of the Constitution itself. Emergency measures must be referred to the National Assembly for concurrence. If not endorsed by the assembly, the emergency measures can be revoked; any laws that had been overridden by presidential order regain their original effect. In this respect, the power of the legislature is more vigorously asserted than in cases of ratification of treaties or declarations of war, in which the Constitution simply states that the National Assembly "has the right to consent" to the president's actions. In a change from the 1980 Constitution, the 1987 Constitution stated that the president is not permitted to dissolve the National Assembly.
The office of president has a strict non-renewableterm limit of five years, enacted in 1987 under Article 70 of theConstitution of South Korea after the country endured several years of autocratic rule. South Korea's presidential term limit is one of the shortest in the world, and is the shortest in Asia.[7][8] As an additional safeguard against authoritarian tendencies, Article 128 of the Constitution stipulates that any amendments to extend the term of office shall not apply to the incumbent president at the time the amendments were made.
The presidential election rules are defined by the South Korean Constitution and the Public Official Election Act. The president is elected by direct popular vote, conducted usingfirst-past-the-post.
The president is assisted by the staff of thePresidential Secretariat, headed by a cabinet-rank secretary general. Apart from the State Council, or cabinet, the chief executive relies on several constitutional organs.
These constitutional organs included theNational Security Council, which provided advice concerning the foreign, military, and domestic policies bearing on national security. Chaired by the president, the council in 1990 had as its statutory members the prime minister, the deputy prime minister, the ministers for foreign affairs, home affairs, finance, and national defense, the director of theAgency for National Security Planning (ANSP) which was known as theKorean Central Intelligence Agency (KCIA) until December 1980, and others designated by the president. Another important body is the Peaceful Unification Advisory Council, inaugurated in June 1981 under the chairmanship of the president. From its inception, this body had no policy role, but rather appeared to serve as a government sounding board and as a means to disburse political rewards by providing large numbers of dignitaries and others with titles and opportunities to meet periodically with the president and other senior officials.
The president also was assisted in 1990 by the Audit and Inspection Board. In addition to auditing the accounts of all public institutions, the board scrutinized the administrative performance of government agencies and public officials. Its findings were reported to the president and the National Assembly, which itself had broad powers to inspect the work of the bureaucracy under the provisions of the Constitution. Board members were appointed by the president.
One controversial constitutional organ was the Advisory Council of Elder Statesmen, which replaced a smaller body in February 1988, just before Roh Tae Woo was sworn in as president. This body was supposed to be chaired by the immediate former president; its expansion to eighty members, broadened functions, and elevation to cabinet rank made it appear to have been designed, as one Seoul newspaper said, to "preserve the status and position of a certain individual." The government announced plans to reduce the size and functions of this body immediately after Roh's inauguration. Public suspicions that the council might provide former President Chun with a power base within the Sixth Republic were rendered moot when Chun withdrew to an isolated Buddhist temple in self-imposed exile in November 1988.
English Translation: Impeachment of the President (Park Geun-hye), Case No. 2016Hun-Na1
The procedure forimpeachment is set out in the Constitution. According to Article 65 Clause 1, if the President, Prime Minister, or other state council members violate the Constitution or other laws of official duty, the National Assembly can impeach them.
Clause 2 states the impeachment bill must be proposed by one third and approved by a majority of members of the National Assembly for passage. In the case of the President, the motion must be proposed by a majority and approved by asupermajority of two thirds or more of the total members of the National Assembly, meaning that 200 of 300 members of the National Assembly must approve the bill. This article also states that any person against whom a motion for impeachment has been passed shall be suspended from exercising power until the impeachment has been adjudicated, and a decision on impeachment shall not extend further than removal from public office. However, impeachment shall not exempt the person impeached from civil or criminal liability for such violations.[9]
By the Constitutional Court Act, theConstitutional Court must make a final decision within 180 days after it receives any case for adjudication, including impeachment cases. If the respondent has already left office before the pronouncement of the decision, the case is dismissed.[10]
Three presidents have been impeached since the establishment of the Republic of Korea in 1948.Roh Moo-hyun in 2004 was impeached by the National Assembly, but the impeachment was overturned by the Constitutional Court.Park Geun-hye was impeached by the National Assembly in 2016, and the impeachment was confirmed by the Constitutional Court on March 10, 2017.[11][12]Yoon Suk Yeol was impeached by the National Assembly on 14 December 2024, and the impeachment was confirmed by the Constitutional Court on April 4, 2025.[13]Han Duck-soo became the first acting president to be impeached on 27 December 2024. Although Han held presidential powers, the National Assembly considered him a cabinet minister, allowing him to be removed by a simple majority rather than the two-thirds required of previous presidents.[14]
TheCheong Wa Dae (Korean: 청와대;Hanja: 靑瓦臺) or Blue House was built upon aJoseon-era royal garden. It is a complex of multiple buildings built largely in the traditionalKorean architectural style with some modern architectural elements and facilities. Cheong Wa Dae consists of the Main Office HallBon-gwan,[a] the Presidential Residence, the State Reception HouseYeongbin-gwan,[b] and several other buildings and structures. The entire complex covers approximately 250,000 square metres or 62acres. While the Blue House served as an executive office, it was one of the most protectedofficial residences inAsia.[15]
As of 2021, the president receives a salary of₩240,648,000[1] along with an undisclosed expense account to cover travel, goods and services while in office.
In addition, the presidency of the republic maintains theChongri Gonggwan ("Official Residence of the Prime Minister") and the Prime Ministers Office in Seoul. The Chongri Gonggwan is the prime minister's official residence and official workplace. The prime minister is allowed use of all other official government offices and residences.
The president also has many regional offices especially in the major cities ready to receive the president at any time. Although not residences, they are owned by the national government and are used when the president is in the region or city.
All former presidents receive a lifelong pension andPresidential Security Service detail. Unlike the prime minister, a former president cannot decline PSS protection. In recent years, South Korean presidents tend to have controversial and unfortunate post-presidencies; four of the last six have served time in prison.[20][21][22]
Impeached presidents are stripped of their post-presidential benefits such as pension, free medical services, state funding for post-retirement offices, personal assistants and a chauffeur, and right to burial at theSeoul National Cemetery after death. However, such individuals are still entitled to retain security protection under the Presidential Security Act.[23]
Article 71 of the Constitution of South Korea states, 'In the event of the president not being able to discharge the duties of his/her office, the Prime Minister and ministers in line of the order of succession shall be the acting president.' Article 68 of the Constitution requires the acting president to hold new elections within 60 days if the presidency is vacant or the president is permanently incapacitated.[24]
The primary symbols of the president are the seal, used to authenticate official acts, and the standard, which is flown when the president is present.
Presidential standard
Presidential seal
The emblem of the Office of the President, used since 2025, depictingCheong Wa Dae[25]
Emblem occasionally used by the president. The two phoenxies around arose of sharon was formally introduced as a presidential symbol in 1967, but had been used unofficially as early as 1955. It has appeared on various presidential emblems, including the emblem of the presidential office from 2022 to 2025,[26] and the above circular emblem which appears on podiums. This emblem is sometimes erroneously referred to as a seal.
^Goh Kun served as acting president during Roh's suspension from 12 March 2004 to 14 May 2004.
^Hwang Kyo-ahn served as acting president during Park's suspension from 9 December 2016 to 10 May 2017.
^Han Duck-soo served as acting president from 14 December 2024 to his own impeachment on 27 December 2024.Choi Sang-mok served as acting president from 27 December 2024 to 24 March 2025 during Han's impeachment trial. Han was reinstated as acting president on 24 March 2025 after his impeachment was overturned, and the court upheld the impeachment of Yoon in a unanimous decision on 4 April 2025, removing Yoon from office. Han resigned on 1 May 2025 and since thenLee Ju-ho served as acting president until the election ofLee Jae Myung on 4 June 2025.
1 Partially or entirely in Asia, depending on the definition of the Europe–Asia border.2 Partially or entirely in Asia, depending on the definition of the Africa–Asia border.