South Korea · Legislation
Legislation and primary sources
Where to find the authoritative text of the law in South Korea, and how to confirm it is still in force.
Sources of law, ranked
- The Constitution
- Supreme; enforced by a dedicated Constitutional Court.
- Statutes of the National Assembly
- The primary source of private and criminal law.
- Presidential decrees and ministerial ordinances
- Subordinate legislation, reviewable by the Supreme Court for legality.
- Treaties
- Article 6 gives duly ratified treaties the same effect as domestic law without further enactment.
- Supreme Court precedent
- Not formally binding, but departure is rare and a conflicting judgment is a ground of appeal.
The legislative process
Bills may be introduced by the government or by ten or more members of the Assembly. They go to a standing committee, then to the Legislation and Judiciary Committee for legal scrutiny, then to plenary. The President may veto a bill within fifteen days, and the Assembly may override with two-thirds of members present and a majority of those on the roll. A 2012 amendment to the National Assembly Act — the so-called Assembly Advancement Act — requires a three-fifths supermajority to bring most contested bills to a vote, which materially raises the threshold for legislating.
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