REPORT OF mE UNITED NATIONS COMMISSION FOR THE UNIFICATION AND REHABRITATION OF KOREA
GENERAL ASSEMBLY OFFICIAL RECORDS: EIGHTEENTH SESSION SUPPLEMENT No. 12 (A/5512)
UNITED NATIONS
( 88 p.) REPORT OF THE UNITED NATIONS COMMISSION FOR THE UNIFICATION AND REHABILITA.TION OF KOREA
GENERAL ASSEMBLY
OFFICIAL RECORDS : EIGHTEENTH SESSION SUPPLEMENT No. ~ 2 (Aj5512)
UNITED NATIONS New York, 1963 ,
NOTE Symbols of United Nations documents are composed of capital letters combined with figures. Mention of such a symbol indicates a referen~e to a United Nations document.
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CONTENTS
T.lnTER OF TRANSMITTAL v INTRODUCTION 1
Chapt,·!" Porallraf>~ r. THE COMMISSION AND ITS CO:\DIITTEE-TERMS OF REFE..lffiNCE, ORGANI~ ZATION AND ACTIVITIES A. Role and organization ...... 1-4 1 B. Activities of the Commission 5-9 1
n. THE KOREAN QUESTION AND THE REPUBLIC OF KOREA A. Consideration of the Korean question by the General Assembly at its seventeenth session . 10-14 2 B. The question of unification ...... 15-30 2 C. Question of the admission of the Republic of Korea to membership in the United Nations . 31 4 D. Ivlembership in specialized agencies and other international bodies 32 4 tlbined rations E. Diplomatic relations of the Republic of Korea .. , 33-39 5 Ill. REPRESENTATIVE GOVERNMENT IN THE REPUBLIC OF KOREA -i A. Introduction . . 40--43 f B. The period of preparation for political activities 44-86 6 The constitutional amendments . 44-45 6 The referendum on the constitutional amendments 46-50 6 Nature and description of the Amended Constitution . 51-69 6 Important laws . 70--86 8 C. The period of political ~ctivities . 87-136 9 The development of political parties . 87-113 9 The Government and political activity . 114-136 10 D. Other matters . 137-154 12 Changes in the Government . 137 12 Political restrictions . 138-141 12 Investigations . 142 12 Arrests and detentions . 143-148 12 Alleged plots against the Government . 149-152 13 The National Reconstruction Movement . 153-154 13
IV. DEVELOPMENTS IN THE FIELD OF ECONOMICS A. General review . . 155-188 13 Introduction . 155-158 13 Reform of economic institutions . 159-188 14 B. Economic and financial developments during the period under review 189-274 16
The gross national product . 189-192 16 ":I .' Agriculture and fisheries .. . . 193-195 17 ;: Industry . 196-205 17 Public finance . 206-212 18 Money, banking and prices . 213-236 18 Foreign trade and payments . 237-246 20 Foreign aid and private capital . 247-263 21 Progress of the Five-Year Plan of Economic Development 264-274 22 iii I ANNEXES
P/I(/' I. DELEGATIONS TO THE UNITED NATIONS COMM!SSION FOR THE UNI FICATION AND REHABILIT,t,.TION OF KOREA AND UNITED NATIONS SECRETARIAT A. Delegations to the Commission 1. List of delegations 2. Roster of chairmanship B. United Nations '";ecretariat C. Organization .....
H. GOVERNMENT OF THE REPUBLIC OF KOREA A. Executhe . B. Judiciary .. C. The Supreme Council for National Reconstruction .
HI. INTERNATIONAL RELATIONS 0F THE REPUBLIC OF KOREA A. Representation with foreign Governments .. B. Missions of the Republic of Korea . C. Consulates General of the Republic of Korea . .. D. Consulates in the Republic of Korea .. E. Accessions by the Republic of Korea to international organizations, agreements or treaties during the period covered by the present report . F. Major international conference;:; attended by the Republic of Korea during the period under review .
...... IV. TEXTS OF LA\\S .-...----~.~-- __ -A. The Constitution of the Republic of Korea . B. Political Party Law . C. Election l',fanagement Committees Law . D. National Assembly Election Law . . E. Presidential Election Law .. F. Temporary Measures Law for Settlement of State of Emergency
V. ECONOMIC DATA 1. Gross national product by industrial ongm . 2. Index numbers of industrial and agricultural production . 3. Agricultural production . 4. Index number of industrial production . S. Budget . 6. Important sources of revenue and heads of expenditure . 6A. Rev:sions to the Republic of Korea budget for the fiscal year 1%3 7. Money supply . . 8. Deposits of commercial banks . . 9. Loans and discounts by commercial banks . 10. Index number of wholesale prices . 11. Exports . 12. Imports . 13. Foreign exchange receipts and payments . 14. Gross domestic fixed capital formation by investment sponsor .. , 15. Gross domestic fixed capital formation by industrial use . 16. Gross domestic fixed capital formation by source of funds . 17. Production plans of a few industries . 18. Production plans of the agricultural sector . 19. Production plans for fisheries . 20. Technical manpower requirements envisaged in the Five-Year Plan of Technical Development . 21. Activities of the National Reconstruction Movement . iv ,.
P/I(/I
LETTER OF TRANSMITTAL 23 August 1963 Excellency, Pursuant to the provisions of sub-paragraph 2 (c) of General Assembly resolu tion 375 (V) of 7 October 1950, I have the honour, on behalf of the United Nations Commission for the Unification and Rehabilitation of Korea, to transmit to you its thirteenth annual report, dated 23 August 1963, for submission to the General Assembly at its eighteenth regular session. Accept, Exceliency, the assurances of my highest consideration. (Signed) Nuammer BAYKAN Chairman His Excellency U Thant Secretary-General United Nations New York
v INTRODUCTION The present report covers the period from 19 November 1962, the date of signature of the addendum to the report of the United Nations Commission for the Unification and Rehabilitation of Korea to the General Assembly at its seventeenth session, to 23 August 1963.1 The Comr>lission was established by General Assembly resolution 376 (V) of 7 October 1950, and its functions in the economic sphere were further defined in General Assembly resolution 410 A (V) of 1 December 1950. The report should be read in conjunction with the previous reports submitted by the Commission to the General Assembly at its sixth to seventeenth sessions l:overing the period from 7 October 1950 to 19 November 1962.2 The report was signed c.n 23 August 1963. ,
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1 Howe'ler, it should be noted that the addendum to the report dealt only with part of the subject matter covered in the annual report, and that in many respects the period covered in the presen~ report is from 1 September 1962 to 23 August 1963. 2 Offi"w.l Records of rhe General Assembly, Sixth Session, Supplement No. 12 (A/I881) j ibid., SC:Jenth Session, Supplement No. 14 (A/2187); ibid., Eighth Session, Supplement No. 13 (A/2441); ibid., Ninth Session, Supplement No. 15 (A/2711); ibid., Tenth Session, Supple ment No. 13 (A/2947); ibid., Eleventh Session., SuPPlement No. 13 (A/3172); ibid., T'welfth SeGsion, Supplemen: No. 13 (A/3672); ibid., Thirteenth Session, Supplement No. 13 (A/3865) j ibid., Fourteenth. Session, SupPlement No. 13 (A/4187); ibid., Fifteenth Session, Supplement No. 13 (A/4466 and Add.l); ibid., Sixteenth Sessi.on, Supplement No. 13 (A/4900 and Add.l); and ibid., Seventeenth Session, Supplement No. 13 (AiS213 and Add.l).
Chapter I
THE COMMISSION AND ITS COMMI'ITEE-TERMS OF REFERE~CE, ORGANIZATION AND ACTIVITIES
A. Role and organizationS B. Activities of the Commission L The United Nations Commission for the Unifica 5. Since 1 September 1%2, the Commission, and the tion and Rehabilitation of Korea (UNCURK) was Committee acting on its behalf, has continued its efforts created on 7 October 1950 as the principal representative to promote United Nations objectives in Korea and to of the United Nations in Korea.4 seek an early and proper settlement of the Korean 2. As a matter of internal organization, the Commis question, subjed to limitations imposed upon it by the sion established, as from ~ January 1956, a Committee continued non-acceptance of the United Nations prin consisting of representatives of Australia, the Philip ciples and resolutions for the unification of Korea by the pines, Thailand and Turkey, with authority to act on North Korean authorities. behalf of the Commission in pursuit of the latter's objec 6. Pursuaht to its mandate, the Commission has con tives in Korea. The decision also provided that the Com tinued to be available for observation and consultation in mission as a whole could be convened at any time if the development of representative govel nment in Korea. the circumstances should render it necessary. It has followed with great attention the general political 3. On 19 August 1960, the Commission recognized developments in the Republic of Korea, and has travelled ~: the importance of holding more meetings for the effective and consulted freely. Moreover, as opposed to electicns discharge of the responsibilities entrusted to the Com in previous years, the Government took the initiative in mission hy the General Assembly. During the period extending to UNCURK an invitation to conduct an under review, it has continued to hold sessions of its full observation of the national referendum on the new membership and has met in five sessions, four times in Constitution. Seoul and once in Japan. 4. In the intervals between sessions, the Committee 7. In accepting the invitation, the Commission put has acted on behalf of the Commission in pursuit of the eight observer teams into the field. These teams spent latter's objectives in Korea, as established by the Gen five days in the Special City of Seoul and in l.lJ:,ht of eral Assembly, and has held 56 meetings in Seoul. the nine Provinces, from 14 to 19 December 1%2. They visited nineteen cities and many provincial areas. On S The composition of the delegations and secretariat is set referendum day itself, they observed balloting at 143 out in annex 1. voting stations and attended ballot-counting at seventeen 4 Resolution 376 (V) of 7 October 1950, para. 2(a)(ii). See also resolution 410A (V) of 1 December 1950, seventh pre vote-counting stations. Interviews were conducted with arnbular paragraph. officials of the Government, the Referendum Manage- 1 , ment Committees, the National Reconstruction Move mi:.sinn will be invited to observe" the forthcoming l(l. Since the submb ment and with a large number of individuals:l Presidt'ntial aud National Assembly elections. He added General Assembly d'tte that these would be exemplary, democratic, fair mlll adlklldum to that rt'po 8. It may be noted in passing that the Acting Presi honest. dent and Chairman of the Supreme Council for National the Coml.1ission has con Reconstruction (SCNR), Gen~ral Park Chung dee, 9. There ha\'(.' lx'en ;l number of occasions when the 1IIl'lIts pertaining to the in a letter addressed to the Chairman of UNCURK 0n membt','s of the Commission l:'lve conlt:rrl'd with the and has remained avail< 7 January 19b3, has declared, intt'r alia. that the "Com- leaders of the Government and political parties wil~ have to he. to discharge it~ maintained their co-operation with it and have reaffirmed <1chie\'e:nl'nt of the Unitl their dctt'rmination to continne such co-operation in the uniticat;~)1l. 11 See chapter HI, section B, sub-se,'tions (il and (ii) below. future. 17. The Com1llission whereas the Governmer: fullv continul'd its adher4 Chapter 11 on 'unitication, the Com have maintained their stand, thereby further c QVESTIO~ THE KOREAN ANn TilE REPUBUC OF KOREA sett1t'ment in Korea.
Con~itlerafion IS. The Commission . of the Kort"an clue8tion by tlw 14:. The~ (ien~ral As~embly considered the report of tic and peacdul settleme General ,\ssl'mbl," at its St"n''lltl'l'nth session the hrst LOlliallttee at Its 1199th pknary met,ting held United Nations principii on Iq Decemher 19<>2. and adoptl'd resolution 1~55 10. At the seventcenth session of the Gl'neral Assem would ~lnt onlv fulfil (X \'11) hv (13 votes to 11, with 26 ahstentil1ns. In this bly the Korean question was once again referred to the Korean people,- hut als( resolution," the Assembly, haYing receiwll the ele\"enth First Committee. achieve a full measure report of th..' Comm;..;sion together with an adllendum. economic progresf. 11. On the question of im·itatinns to n'presentatives reaffirmed its resolutions 112 (1I) of 14 Xovelllher of the "Republic of Korea" and the "Democratic People's 1947, 195 (I IT) of 12 December i 94K 293 (I\') of 19. Broadcasts o\"er l~orea" ment statellll'nts appear Republic of to participate in the debate. the 21 Octoher 1949, 376 (Y) of 7 Octohl'r 11)50. ~Il (I X) First Committee at its 1299th meeting held on 11 De 1 during the period und of 11 Dt'cember 1954.910:\ (X) of 2 ) XOYl'mher 1955, proposals bearing a siroi cember 1%2, and bv a vote of 65 to 9, with 26 absten 1010 lXI) of 11 January 1957. Il~O (XII) of 2 1 Xov tions, adopted the tollowing draft resolution, of which emher 1957. 12(14 lXlII) of 14 Xow!ll]wr Jl)5~. 1455 vears which 'vere menti( report in 1955,u In the Commission has taken full cognizance: (XI\') of 9 December 1959 and 1740 (XYI) of authorities called for thf "The First Committee, 20 Decemher 19()}. It noted that the Cnite(l Xatillns from the Republic of Kc "Reaffirming its view set forth resolutions f01 Cl's which were sent to Korea in accordance with ::1 tions with the latter on 1 adopted at the ll46th and 1217th meetings that a resolutions of th~ United N"ations had in h'leater part representative of the Democratic People's Republic alreally heen WIthdrawn, anII that the (;:l\"ertlmel1ts 20. Moreover, an e~ of Korea may participate in the disc,lssinn of the concertled were prep
Chapter III REPRESENTATIVE GOVERNMENT IN THE REPUBUC OF KOREA
A. Introduction TUE REFERENDUM ON TilE CONSTITUTIONAL AME!'1DMENTS:l3 40. r nder its mandate the Commission ohserves the development of representative government in Korea 46. Procedures for conducting the referendum were nlld this brings a range of political dt>velopments within prescribed in the National Referendum L,w. One its purview. The development of representative gov provision was to place the management of the referen ernment "'as interntpted when the military revolution dum under a Central National Referendum Committee took place un 16 1Iay 1961; but in his statement of and local committees \-which would have impartial 12 August 1961::1 General Park Chung Hee set a titl.e members. table by \\'hich the existing Constitution would be 47. In the weeks preceding the referendum, cam revised, political activities permitted in early 1963, paigns were conducted by the national referendum and elections held. committees, by govenunent authorities and by the -n. In the period covered in its last report, the National Reconstruction :Movement, to explain the Commission noted that it had observed developments contents and purpose of the constitutional amendments and the preparations for the return to civilian repre and to stress to the people their civic duty to attend sentative governmen~ rather than the direct function the polls. ing of such a government. These preparations were accelerated in the first months of the period covered in 48. These campaigns included the printing of posters this report. They included the drafting of amendments and information material, lectures and radio broad to the Constitution. their acceptance by the people at casts. Groups of persons, including supreme council· a referendum, the drafting of laws governing political lors, made tours throughout the country and held parties, political acth·ities and electioas. public meetings. 42. Developments from 1 January 1963 did not 49. In the result, of the 12,412,798 registered run according to the original schedule which would voters. 10,585.998 (85.3 per cent) went to the polls. have seen the emergence of civilian government in Of these, 8,339,333 cast valid votes in the affirmative August 1963. There were delays and the position as (i8.8 per cent). while there were 2.008,801 votes in this report was written was that the presidential elec the negative. There \vere 237,864 invalid votes. The tiOI~ would be held in mid-October 1963, and the Constitution, as amended, was adopted. Xational Assemblv elections to\\'ards the end of Nov 50. In the Commission's view, the arrangements ember 1963. The Commission will report on these for the conduct of the referendum were satisfactory. elections in a supplementary report to the General From their observations the teams agreed that all Assembly (see para. 136 below). procedures had been conducted in a free atmosphere 43. In all its work. the Commission was free to and in a calm, orderly and regular manner. observe as it wished and. as in the past. it always had ready co-operation from government authorities. Apart NATURE AND DESCRIPTION OF THE AMENDED from its formal observation of the constitutional referen CONSTITUTION:::4 dum, the Commission or the Committee on its behalf held interviews during the period under review with 51. The Constitution of the Republic of Korea, General Park Omng Hee, "with the executive bodies as amended, contains a preamble, 121 articles and of political parties and their representatives. nine supplementary rules. Before amendment it con tained a preamble, 98 articles and supplementary rules. B. The period of preparation for political Rights and duties of citizens activities 52. A chapter on th.; rights and duties of citL:ens guarantees the same basic rights as before, which are THE CONSTITUTIONAL AMENDMENTS given in greater detail. 'They include: equality h~fore 44. In the addendum to its last report, the Com the law; personal liberty; freedom of residence, reli mission gave a brief description of the Constitutional gion and conscience; privacy of correspondence; free Amendments Bill which was adopted formally by the dom of speech, press, assembly and association; Supreme Council (SCNR) on 6 December 1962, and freedom of science and arts; the right of property; was then to be put to popular referendum on 17 De the right to vote and to hold public office; the right cember. In the addendum it was stated that the Con of petition and judicial, speedy and public trial; the stitution, as amended, \vould be the subject of further right to equal education, to work with special protec description in the Commission's report to the General tion for women and children; the right of workers to Assembly at its eighteenth session.22 ass06ation, collective bargaining and collective action; 45. The Constitution Amendments Bill was ap protection by the State for citizens incapable of making proved by the referendum and was promulgated on a living; the right to dignity and value as a human 26 December 1%2. In accordance with article 1 of being. its Supplementary Rules, it comes into force on the 53. Three duties are specifically enumerd.ted: (1) date of the hrst convocation of the National Assembly. the duty to work; (2) the duty to pay taxes; and (3) the duty to defend the national territory. 21 Ibid., Sixteenth Session, Supplement No. 13 (A/4900), para. 66. 23 For the Commission's observation of the referendum, 22 Ibid., Seventeenth Ses.oioll, Stlpplement No. 13A (A/5213/ see para. 7 above. Add.I), footnote 10. 24 For full text of the Constitution, see annex IV, A. 6 -
Political parties tion. The Prime Minister can recommend to the 54. The 1962 Constitution provides that the estab President the dismissal of any State councillor (ar lishment of political parties shall be free and the plural ticles &3-86). party system shall be guar:lOteed. The orbranizatiol~ and Rdationship bet'wren E.r:ullti'l'e and Legislatllre TIONAL activities of a political party must be democratic and political parties must have the necessar:' organizational 61. The President is head of the executive branch arrangements to enable the people to participate (ar of government and he actually exercises executive 'endum were tide 7 (1) and (2)). This provision did not exist powers. He is independent from and not responsihle Law. One before. to the National Assembly. The Prime ~linister and the referen other ministers assist him and are also independent 1 Committee The National Assembly from the National Assemblv. Nevertheless, there are ~e impartial 55. As before, the legislative power is vested in certain limitations designed to guard against the abuse the National Assembly: but the !\ational Assembly, of executive power. The Kational Assembly has the ~ndum, cam- by amendment. is unicameral.:!:! ~J embers will be power to legislate, and though the President has a referendum elected for four year terms as before and the total "veto" he cannot hold up legislation if the National and by the number will be between 150 and 200. Assembly, on further consideration, repasses the bill with the requisite majority (article 49 (4)). explain the 56. An important innovation in the 1962 Constitu amendments tion is the provision that any person desiring to 62. Again, all acts of the President are required ty to attend become a candidate "shall be recommended by the to be executed by written documents which shall be political party to which he belongs" (article 36, para countersigned by the Prime l\Iinister and by the mem 19 of posters graph (3)). He will lose his membership in the Na bers of the State Council concemed (article 80). adio broad tional Assembly during his tenure when he leaves or 63. The President can no longer dissolve the Na me council· changes his party or when his party is dissolved, tional Assembly. The latter can recommended the dis y and held though this does not apply "in cases of changes in mjssal of the Prime l\Iinister or other members of party membership caused by amalgamation of parties the State Council and the President will comply ; registered or in case he has been expelled from his party" "unless there is a special reason to be otherwise" (article 38). :0 the polls. (article 59 (3)). ~ affirmative 57. The amendments also provide (article 39) for 64. The National Assembly also has the power of :Q1 votes in a separation between Executive and Legislature by impeaching the President, Prime l\Iinister, State coun votes. The providing that no member of the Assembly shall cillors and others for violation of the C0nstitution "concurrently hold the position of the Presidency, the or other laws (articles 61-62). It also has a power Prime Minister, a member of the State Council, a to inspect the administration of the State (article 57). rrangements member of the local council. or any other public or satisfactory. private positions as determined by law". The previous The National Security Council ed that all Constitution had provided only that :10 member of the atmosphere National Assembly can be a member of any provincial 65. This will be established "to advise the Presi er. council. dent on the fom1tllation of foreign. military and do mestic policies related to the national security prior to MENDED Th,:: President their deliberation by the State Council". It will be 58. Perhaps the most important change in these presided over by the President (article 87). constitutional amendments is that they replace the of Korea, cabinet system by a presidential system, the executive Economic and Scientific Council trtic1es and power being vested in an executive headed by a Presi 66. An important addition in the amendments is lent it con dent. elected directly by the people. As with members their provision for an Economic and Scientific Council :ntary rules. of the National Assembly, a presidential candidate under the chainnanship of the President. It is to must be recommended "by the political party to which advise him on the formulation of important policies he belongs". He may be re-elected once. conceming the development of the national economy of cith:ens 59. The President has extensive powers. Subject and the promotion of sciences for the purpose of such , which are development prior to their deliberation by the State 'b~fore to the concurrence of the National Assembly in some ality cases and to the provisions of law, he may conclude Council (article 118). dence, reli and ratify treaties, declare war and conclude peace lence; free and issue presidential ordinances. He exercises su The Courts association; preme command of the national armed forces and 67. The main amendments in this sphere were f property; may declare a state of siege. He may accredit diploma designed to ensure the independence of the judiciary :; the right tic envoys and appoint public officials (articles 63-82). from the legislature and the executive. \Vhereas before : trial; the the President could withhold the appointment of the cial protec The State Council Chief Justice, under the amendments he will request workers to 60. The State Council deliberates on important the National Assembly for its consent and will make tive action; the appointment when this is given. His power to hold ~ of making policies that fall within the powers of the Executive. It is composed of the President, the Prime Minister up the appointment of Supreme Court Justices is 5 a human and from 10 to 20 members. Its members are ap also restricted. The Supreme Court now will exercise pointed by the President on the recommendation of powers held by the Constitutional Court under the relted: (1) the Prime Minister. A wide range of important mat former Constitution (articles 96-106). taxes; and ters must be referred to the State Council for deIibera- ory. Election management 25 The unicameral system existed from 1948-1952. Although 68. A section on election management is an addi referendum, a 1952 amendment made provision for a bicameral system, the second house (the House of Councillors) was not elected until tion to the Constitution. Its objective is to ensure A. 1960. free and fair elections and to provide for the manage- 7 I '0,",".>' ,.'0 ~"""",;"",,, """" "'~',"·,o...., ..., ..~,." ..,.... ", .•.,..,.-
ment of t.'1t'ction campaigns in accordance with the and for a nationwide elector:ll district for persons elected laws (articles lOi-w..~). by proportiunal rt'prest'ntation (whose number will be one-third of the number of assemblymen to he elected ,·11l1l.,1l11llI'nts to thl' ('onstitl/tion from the single member constituencies). 6t). The main dlange in this section is a provIsIon i~. It provides for tht' preparation of voters' lists that all amt'llllnwnts will n .. \nin' tIlt' approval of the and their mspl,ction, and for the re~istration of ca.ldi pt'ojlle hy rl'ferelHlum (articles 11 0 -12l). datt's (which must be sought by the political parties whkh nominate them). btl'ORT:\NT LAWS it>. It providt's for supervision of election cam 70. Tlw ~upTl'nlt' Council for :-.Jationa1 H.t'Construc paigns under an eb.'tion management systt'm, Speakt'rs in tht'st' l':nnpaigns must ht' of the same party as the tion ~ ~C~ R) enadt'll a nnmllt'r of laws whkh Wt're l)f imjlMtanl't' in tIlt' llt'\'l'!opnwllt of rejlTl'sentativl' candidatt's. gO\Crtlml'lIt. .\nlllng tht'se laws were the following: 00. Election m,tttag"ement commitlt't's will supervise sndl mattt'rs as the drawing up and dh~tribution of l'r,'dsitlllal .ll,'asm·,'s 1.111(' Conet'min" Crimi1lal Jllris- dt't.'tion postt'rs and the distribution to households of diditll/ ()'~"'r ()II"'1Ie,·s Nd,lf,'d to tit;· .·lccomplishIll1'1It reports giving' details of call1lidates. Provisions of the "f tit,· N,-,'ollltio1lary 'f,rs!':s I ~tw alsn relate to s11ch matters a~.; public meetings, 71. This law was pronltllgatl't! at the tinw of lifting politkal broadcasts and elt'ction expenses. Procedures martial law on S Ul'l't'mht'r l')(i2, It prodllell that are stipulated for the holding of free and secret ballots, t'l'rtain specitk ol1"t'l\('es relating to political acth'ities tIlt' opeliing of hallot 1)OXt'S and c011nting of votes and \\'llnld contimlt' tll COIl1l' under tIlt' jurisllktion of the llhst'n'ation of tl1l'se procedures by rC'presentativt's t'nurts martial of fl'sJlcctiw llistrkts thllllgh they could of politkal partil's and candidates. Penalties are pro vitll'd against irrt'g'ularitit's.'.!.ll IX' passed III dvil Cllurts if tll\.' ol1"ences were of a ~o. 11l)~). minor nature t Law Presidelltial Electioll I.m.u'.!.9 l\,litic,rl l'arty Lm,~tl ~1. This Law stipulates procetlures and other 72. This law canlt' itllll fOlT1' on 1 Tanu~n' 1\)63, matters concernetl with the election of a President. tIlt' datt' l)n whkh the militan' Cill\"l'rtltl'lt'ut liftell the ~2. Candidates must be dtizC!IS of 40 years of age han lm lXllitical activities, It' lays dOWlI, inta alia. or o\"er \Yha have resided coutiuuously in tIll' Republic that steps shall ht' taken. thrtlugh pWlIlllters ant! ;1 for live years or more as of election day. There shall Party Organization l'rel'aratl)ry COnllnittl'I" for the he a single natillltal electorate (article 13). form:llil)n and registratit)n of plllitical parties with a ~,). Pnwision is made for the preparation of elec Cl'ntral Elel'! il)ll :'l:l11ageml'nt l \mllnittl'e. tora: r,"'~ls, the registration of candidates and the i,~. Essential rc·quisites for registration are as management of election call1paif..'11S along lines similar '. follows: to tho~.~' pnwided in the National Assemhly L'l\v. t a) 1t shall han' a tlt1l111ll'r of !lx'al chapters t'qua1 l'rodsion is made for the ohser\"ation of procedures to one-thinl or more of the tota11ltllllllt'r of the regil1llal hy reprt':-;I'ntatiYes of political parties and candidates. e1ectilm distrkts: ,'[I1l{'lldlllt'lltS to dcctiollla'lC's t 1') Thl':,e local chapters shall Ill' dispersed in five or morI' dt;I'S anll/l)r prlwillcl'S, indulling' the Special ~-t, Political I'artil's, especblly of the opposition, Cities of St'oul alld Pusan: \\'t'rt' not s:lti:-;liell \Yith the election laws in their origi nal fnrl11. They urgell alllelH!lllents which, illter alia, (e) ~\ local chapter shall han' tifty or more p:lrty membt'rs. would eaSt' certain restrictions on election campaign ing, perlllit the inl'lus!lln of party representatives on 7-t, The dIect of these :e'!11!relllents will he to ekctiou lllanagt'lllt'nt Cllllllllittt't's, remove the restric ensurt' that a political party IS 11t a certain lllll11lllttnl tions whieh prohibited mt'mhers of one party from size. They will haye a tendency to restrict the forma campaigning for eallllidatl's of anotlll'r, rt'lllove a pro til1l1 of a'brge nt1ll1her of slllail parties. \'isiun wherehy the irregularities of a campaign mem is. Parties are rt'tluired by this La\Y to publish her in the tiu:llll'ial fie1l1 conld nullifv a candidate's their platfonn or basic policy and to elect their office l'1ection, and increase the lllllllher or" single member beart'rs and conduct th~ir alTairs in a delllocratic COllstitllendt's. mXlller. The scrutiny of the Central Election ::\Ianage K5. The military Con'rnmcnt re-examined the laws, ment Committee may extend to reyiew of the status and alllendnll'nts wert' made early in August to the of a pa.rty's assets, rt'\'enues and expenditures. Penalties Election :'Ianagelllent Law, the National Assembly are stipulatt'd for yiolation of this Law. Election Law. and the Presi(kntial Election L1.w (see 1\', C, .Yatiollal .·lsscmbl.\' Elcction LG7..r7 annex n and E) . 86, The opposi~ion partit's did not consider that 76. This Law contains 175 articles. Its stated pur these amendments had gone far t'nough. In particular, pose is to seek the development of dt'mocratic political tht'y had urged the rt'moval of c1a11ses which prohibited principles by assuring the fair elt'ction of members mt'l1lhers of one party from campaigning for candidates of the X ational Assembly by the free will of the people. of another party and they wanted an easing of provi 77. It proyides for single member constituencies sions which limited the number of election speeches (from districts with a minimum population of 200,000) 28 Law No. 1255, promulgated on 16 January 1963, as :!6 Law Xo. 12--l6, promulgated on 31 December 1962. For full amended on 6 August 1963 by Amendment Law No. 1385. For text, see annex 1\.. B. full text, see annex IV, C. :!7 Law Xo. 1256, promulgated on 16 January 1963, as 29 Law No. 1262, promulgated on 1 February 1963, as amended on 6 August 1963 by Amendment Law No. 1383. For amended on 6 August 1963 by Amendment Law No. 1384. For a iull text, see annex IV, D. full text, see annex IV, E. i 8 I ~.t~~~w", ".....,',.... for persons elt't'ted . that conld he made. The opposition parties appointed were differences over st!ch matters as the structure and )St' t1tunber will be a joint committee to campaign for these and other powers of the Party, partirularly the powers to be ynwn to he elected amt'lllhm'nts as a furtner means of ensuring the frame exercised by its Chairman, These ditTerences sharpened it's) . work for frce elcctions. towards the elld of Januarv when Lieutenant-Gt'neral Kim l)ong Ha suhmitted hIS resignation from hoth the iOll of voters' lists ~istr~ltion of calldi~ c. The period of political activities SCKR ami tIlt' [)emocratiC' Repuhlican Party. Lieu he political parties tt'llant-( ;elll'ral Kim [)oug Ha had heen one of a group TUE DEVI-:I.OPMENT 01-' rOI.ITICAL PARTIES of five suprt'mt' counrillors who had gone on the reserve and partidpatt'd in tht' prepar:i.lory planning of the of ekctinn cam~ :-:i. \Vit h till' commclIrcmt'nt of political activities as from 1 J anllary 1<)03,:1\1 st"'cral groups hecame active at Party. I le had t'xpn'ssed h;mse1f in opposition to t I'ystcm, Spcakt'rs Kim Chong Pil and his planning of narty organization. same party as the pnl't'..\crorcling to their attitue!t,s, thcy hecame known as "governnlt'lIt" or as "opposition" parties. The "gov 94. This dewlopment hrought a react:011 within the t'rtl1l11'lIt" partics formeel as lICW parties, thongh they SC1\R itself, as a result of which Kim Chong Pi! tCt'S will supervise indll{!t'el persons who had prt'vionsly ken memhers suhmitted his resignation as provisional Chairman of nd dbtribution of of parties which existell hefore 1() !\I:ty ll)()l. the Party. The Party rejected the resignations of hoth I to households of Kim Chong Pil and Kim Dong lh and rt'lJuested them llrovisions of the :-:K The "opposition" grnnps had to dedde whether partit'~' to rejoin its ranks. 0nly tht' former accepted the re :, puhlic meetings, to redn' thp earlier namt'!:: th" :-\t'W Demo l'ratie, Demol'ratk and I.iberal parti"s. Difflculties in qtlt'~t, allLI at the Inauguration Preparatory Convention, It'nses. Procedures Iwltl on :2 Fehruary, Ilt' was elected as Chairman. anti seen't hallots. this wcn' that th" 0111 organizatiolls had heen dis tHing of votes and bandt'll, whilt' many of the former politicians of the::;e 95, There Wt'rt' still differences within the Partv p:lrtit's Wt'rt' I'till under politic-al restrietions. "rnde and among supreme l'ouncillors concerning tht' role of hy rcpresentatives politid:lIl~ Pcnalties art' pro- peneJtont" also had a llit1kulty in that. tdHlt'r Kim Chong Pil :lllel tIlt' strtlL'tnre of the Party. The tht' Ill'W Constitutiou, c:lIllli{lates for the Natiunal As Party had made it clear th:lt it intendt'll at its Inaugural selllbly or the Presidenl'y had to helong to a political Conwntioll, on 25-2h Fehruarv, to nominate General par1y. Park Cllllng Hee as its presldt'ntial c:lll{lidatt'. But, :-:\). Fared with these difficulties the "opposition" intluence{1 mainh' bv these (WTen-m'es. hv the confusion dnres amI other in politkal part"y c!evt'!opments gent'rafly and by the 1 of a President. politicians, particubrly in the early stage::;, favoured some form of pall-opposition or coalition grouping campaigll of "opposition" groups to postpone the elec )f 40 years of age in onler to match tht' "gon'rnmcnt" party and to de tions, General Park. on 1:-: Fdlt"tlarV, conditionallv ly in tht' Repuhlic wlop a strong bipartisan system. These mov"s ,vere offereel to decline prt'sil1t'ntial nominat"ion (see paras. I day. There shall not StlL'cl'ssful initiallv. Hut tht'v were revived again 11~-120 below). This st'thack to tIlt' Demorratic Re l' 13). iu Tulv IO(l3, with 'a st'rious 'attempt to unite' the puhlican Party was f()lIowed quickly by another when 't'paration of dec l\rilijoilg, Shinjong and ~1inoo partie~. pre~sure~ irom tht' GO\"l'rtl11lt'nt allLl it~ supporters ndidates and the <10. The following is a summary account of those oblig-ell Kim Chong- Pil to resign from tll(' Partv on ',. Llong lines similar politit':d parti(,~:lI whiC'h were of mo::;t significance during 20 i "' "".;;".:"...?i.":, tivities would be suspended. He reasoned that such work of the new Constitution." He added that "every had beel activities "may obstruct the right judgement of the measure will be taken, including revision of electoral for sevel people". laws, to ensure fair elections". 144. 127. If the people voted in the negative, the mili summar of a tary would stand down and power would be turned D. Other matters Kc over to civilians. But if the people voted in the affirma his post. tive, military rule would be continued and the SCNR CHANGES IN TIlE GOVERNMENT Army C reorganized to etL.1.ble a wide range of civilian pr..rticipa ordering tion. Moreover, various advisory bodies would be 137. There were a number of changes in the mem the 196 established. bership of the Cabinet and the SCNR. Prime Minister 145. Kim Hyun Chul retained his post throughout the period charges. 128. A number of politicians, especially the leaders 86 under review. There were some resignations for per time and of the "opposition" parties. reacted strongly against sonal. and others for political reasons. Some rettu'ned tions. In this plan, urging General Park and the G0vernment to military duties. One of the main changes it! mem cution h: to abide by the 27 February pledge and return power bership of the SCNR occurred on 26 January 1963 to a civilian government by August 1963 as had been when five members resigned to devote their time to 146.• originally planned. political activities. Another change took place on 21Feb June 196 ruary 1963, when four members were retired and Governm 129. The Prime Minister btated that the four-year an open period was a flexible one 3..'1d that it could be two seven new appointments of general grade officers were made. Governm years or even one if the nation was prepared for the 147. 1 birth of civilian government. POLITICAL RESTRICTIONS General. 130. A group of leading politicians met with Gen habeas c eral Park who agreed to hold in abeyance his 16 March 138. In accordance with the Political Purification 148. proposal till the end of March and to reconsider it if Law of 1962, 4,363 former politicians were banned from fmother q "corrupt and tainted politicians" would agree to give engaging in political activities for a period of six years. of sprea up politics. Following a general screening, a total of 1,336 were criticism '31. Yoon Bo Sun and Huh Chung combined, cleared on 30 l\Iay 1962. in March nevertheless, to lead a campaign against the 16 March 139. Additional clearances were promised. The first ticularlv declaration. They demonstrated in Seoul with the par of these was given to 171 former politicians on 31 De the perio( ticipation of members of their respective parties. cembf'r 1962. A second was given on 1 February 1963 for 265 former politicians. 132. Representatives of the armed services met soon AL afterwards and gave their suppcrt to the 16 March 140. In his statement of 18 February 1963 (see 149. I declaration. General Park reaffirmed it, stating: para. 119 above), when General Park called on the nineteen military and politicians to accept his nine-point pro plotting t "I have thought over and over which would be posal, he said that political restriction "will be totally alleged tl more patriotic-whether I should turn over power to lifted except for those who perpetrated acts detri civilians at the risk of political instability, or estab mental to the basic order of liberal democracy, who 37 This lish a sound basis for civilian rule by undergoing obstructed the Revolution, and such among the illicit judicial tri a transitional military rule. I have concluded that closely and profiteers who have not completed the payment of fines, supplement the best way is to take this problem to the people." and those who have taken refuge (abroad) to escape forthcomin 133. ~ evertheless, a series of meetings were held criminal prosecution". between General Park. Yoon Bo Sun and Huh 141. Following the pledging conference of 27 Feb Chung at a higher level. and by members of the Gov marv. General Park declared that the restriction would ernment and representatives of the politicians at a be lifted at once on a total of 2,322 politicians. This working level, to arrive at a mutually acceptable settle left 269 politicians still under the ban. ment of differences. 134. On 8 April. the Government made a declara INVESTIGATIONS tion which was a compromise betwee'1 its own views 142. On 18 February 1963, the Government took and those of the politicians. According to this declara action to investigate certain allegations of corruption, tion. political activities would be resumed and decision when Chairman Park stated that he would "institute 155. Tl on the question of holding the referendum would be a thorough investigation of several problems with regard period un( deferred until September, to which there exist popular misgivings". He added: domestic < 135. The Prime :Minister, however, stated soon "I will clarify the true facts and locate wherein the the rate 0 afterwards that the GO\'ernment ,vas in fact making responsibility lies and make public the true facts to the without Cl' preparations for holding the presidential and parlia people." These investigations revealed some irregu made in a mentan' elections this vear; General Park confirmed larities and those responsible were brought to trial. An latent infl this on 16 )'Iav. He said: "We are now determined Army Court Martial on 27 June 1963 acquitted the ten sume and to hold natioll He added that "every had been Prime Minister in the military Government regime by "executing or eliminating through other ~ revision of electoral for several months up to June 1962. means" all leaders of the military Government, mem 144. General Song was charged with ordering the bers of the Cabinet and former "politicians" who were summary execution during the Korean War in 1950 released from political restriction. T:le list of those of a Korean officer on the ground that he deserted arrested reached 31 (see para. 122 above). ters his post. On a second charge, at a time when he was ISO. On 10 August an Army Court Mattial sen Army Chief of Staff, he was reportedly suspected of VERNMENT tenced to death Lieutenant-General Park In Hang, ordering troops to fire on student demonstrators during former Construction Minister, and twO others. Six changes in the mem the 1960 April uprising. defendants were acquitted and five given prison terms. :NR. Prime Minister 145. Many legal questions are involved in these In an associated case, an Air Force Court Martial on throughout the period charges. They go back over a considerable period of 14 August handed out one death sentence and gave : resignations for per time and both were the subject of previous investiga prison terms to four c:th::rs. asons. Some retnmed tions. In both the previous investigations the Prose 151. In the addendum to its last annual report, the lain changes in mem cution had dropped the charges. Commission noted that former Prime Minister Dr. on 26 January 1963 146. Since his retirement as Prime Minister in Chang Myun had lodged an appeal on 18 October 1962, devote their time to June 1962, General Song had been a critic of the military to the General Court Martial against his sentence in ~ took place on 21Feb Government. Three days before his arrest he had issued the lower Court.3B rs were retired and an open letter in which he criticized the military 152. On 23 February 1963, the Army Chief of Staff al grade officers were Government's political and economic policies. upheld the suspended execution of the three-year prison 147. The Seoul District Criminal Court released term and the probationary period of five years for Dr. Chang Myun. On 5 March, Dr. Chang appealed ::TIONS General Song from detention on 17 August on a writ of habeas corpus pending his formal trial.37 to the Supreme Court against his sentence but this Political Purification 148. Following his release he was subjected to appeal was not successful. ans were banned from fmther questioning by the Army Prosecution on charges a period of six years. of spreading "false rumours". The basis of this is in THE NATIONAL RECONSTRUCTION MOVEMENT L total of 1,336 were criticism he allegedly made of the military Government 153. This Movement, which emphasized the moral in March 1963, when support was being sought, par aspects of the military revolution, continued with its 'e promised. The first ticularlv in the armed forces, for a decision to extend work throughout the period under review (see paras. politicians on 31 De the perIod of military rule. 164-165 below). Ion 1 February 1963 154. On 5 November 1962, the SCNR revised the ALLEGED PLOTS AGAINST THE GoVERNMENT hasic law which governed the Movement in recognition February 1963 (see 149. It was announced on 11 March 1963 that of its existence as a popular movement designed to help l Park called on the nineteen persons had been arrested on charges of to attain national prosperity by fostering the spirit of t his nine-point pro plotting to overthrow the military Government. It was self-reliance among the people. This revised Law iction "will be totally alleged that the plot was designed to set up a new banned staff members from engaging in any form of rpetrated acts detri political activity with a view to strengthening the reral democracy, who 37 This case is under investigation and consideration by political neutrality of the Movement. uch among the illicit judicial tribunal. The Commission will follow developments closely and will report on them, as may be desirable, in the the payment of fines, supplementary report which it will submit following the 3B Official Records of the General Assembly, Seventeenth e (abroad) to escape forthcoming elections. Session, Supplement No. 13A (Aj5213jAdd.l), para. 6. onference of 27 Feb the restriction would Chapter IV :,322 politicians. This le ban. DEVELOPMENTS IN THE FIELD OF ECONOMICS ~s A. General review output declined, but industrial production increased. Gross fixed capital formation and the rate of utilization :he Government took INTR('YUCTION ~ations of corruption, of installed industrial capacity improved. t he would "institute 155. The efforts of the Government during the improved to 62.8 per cent, compared to 56.2 per cent in the problems with regard period under review were directed toward·, mobilizing previous year. According to the preliminary estimates tr.~ ;givings". He added: domestic and foreign resources adequate for attaining gross national product in 1961 market prices increased by 2.4 d locate wherein the the rate of growth postulated in the Five-Year Plan, per cent as against the rate of 5.7 per cent envisaged in the ~ Plan. On a per capita basis, the gross national product in the true facts to the without creating financial instability. The efforts were terms of current prices increased from 9,548 won in 1961 to :vealed some irregu made in an economy facing several handicaps such as 10,796 won in 1962, an increased ...f 13.1 per cent. In terms ~ brought to trial. An latent inflationary pressures, a high propensity to con of constant prices of 1961 it de.:. 1ed from 9,548 won in 1963 acquitted the ten sume and import, compounded temporarily by a decline 1961 to 9,542 won in 1962, a decline of 0.063 per cent. Gross investment was 14.2 per cent against the Plan target of 20.1 he main case, which in agricultural output mainly due to a severe drought per cent (1961 prices). In this connexion on 25 April 1963, 1ge. The Army Prose in the summer of 1962, excessive rains and floods in Mr. \Von Yong Suk, Chairman of the Economic Planning le Military Court of the spring and early summer of 1963. Board, stated, at a press conference, that the rate of economic 156. The achievements as a result of these efforts growt:l for 1963, previously planned at 6.4 per cent according to the Plan, would be reduced to a lower level in keeping during the first year (l%2) of the Five-Year Plan with the economic realities facing the country. He added that NTIONS showed mixed trends.39 As noted above agricultural the Five-Year Plan should be adjusted taking- into account various handicaps afflicting the Republic of Korea. Further, oment announced the 39 The index of agricultural production declined by 8 per on 28 May 1963, at a meeting of Ministers concerned with Yo Chan (ret.), who cent, while that of industrial production increased by 16.8 economic matters and businessmen, Mr. \Von said that the per cent (for sectoral rates of growth, see annex V, table 2). problems facing the economy included maintenance of economic '~e SCNR, see annex n. The rate of utilization of the installed industrial capacity stability, increase of exports, and domestic capital formation. 13 157. Otherwise. the basic problems confronting the were to be settled in two lears instead of four years 170. An ame economy remained those enumerated in the previous nfter a year of ~r:tce ns OrIginally provided. fer red the priv: reports. including the continued division of the country, 163. The training programme in modern methods institutionalized a high degree of unemployment side by side with the of farmin~ and fishing initiated in late 1961 for the maturity of the' under-utilization of industrial cap."'lcity and shortage of benefit of discharged soldiers continu~d to show stendy 171. The Gt skillt'd labour. low industrial :md agricultural produc progress. The numher of ex-soldiers so trained in 1961 liberalize investl tivity. a high rate of population increase. and a high was 54.275 and in 1962.236.117. In the fir~' six months active role in ec degn'e of 1963 a trade agreement with Brazil was signed for convention for the mutt1al protection of patent rights the first time. in. their respective countries.68 183. The Government also created a State financed 188. To increase foreign exchange resources through "Korean Trade Development Corporation to survey and foreign aid, the Government is conducting bilateral s' Lultivate foreign markets, and help in developing ex negotiations with several capital exporting countries a ports and imports, "thereby contributing to the im s:lch as the United States, Frunce, Italy and the Fed n provement of balance of payments and the establish eral Republic of Germany. In this connexion it is fl ment of a self-supporting economy",1i7 It also established important to point out that the type of aid60 and the t1 trade centers in Bangkok, Los Angeles, New York and method of its financing have an important bearing on c Hong Kong.~s the inflationary potential in view of the limited capacity b 184. :\mong other export encouragement measures of the Korean economy to respond to general increases d may be mentioned the enlargement of the scope of in demand at the present stage of its evolution. 9 subsidy fk1.yments to include certain type of sales to p United Nations forces in the Republic of Korea, ta.x o reduction on export income, lowe!'ing of interest rates~9 B. Economic and financial developments during it on bank loans to export industries and to suppliers of the period under review it fl goods under the United States off-shore procurement 70 programme, larger discounts on freight charges for THE GROSS NATIONAL PRODUCT tl certain minerals for export,60 and promotion of barter 189. In 1962,71 the gross national product at cur C 6l Cl trade. To raise the quality and reputation of eA-ports rent market prices amounted to 279,770 million won, 9, the Government established an Export Inspection compared with 241,410 million won in 1961, an increase 62 p Council. of almost 16 per cent. Most of this growth, however, was due to price increase. At 1955 constant market Restrictions on imports prices, the 1%2 gross national product 'lmounted to 185. Imports have been cut drastically and generally 125,850 million won compared to 123,040 million won limited to materials essentiill for the implementation for 1961, an increase of 2.3 per cent. In terms of 1961 of the Five-Year Plan projects, and those needed for constant prices, the figures were 247,290 million won the production of essential commodities.6s in 1962 and 241,410 million won in 1%1, an increase of 2.4 per cent. Pri'l!ate capital and aid from overseas 190. The gross tiumestic fixed capital formation at 186. Efforts to create a suitable domestic climate 1955 constant market prices was 16,510 million won for attracting foreign private capital were described in 1%2 compared to 14,330 million won in 1%1, an in the previous annual report.64 To strengthen this increase of 15.2 per cent. In tenns of 1%1 constant process further, the Government, in l\Iarch 1%3, prices. the respective figures are 34,530 million won amended the Law Concerning Special Measures for in 1962 and 29,740 million won in 1961, an increase the Introduction of Capital Goods on Long-term Settle of 16.1 per cent. In terms of 1955 constant prices ment Basis.65 The amendment permits import of capital they were 13.1 per cent and 11.6 per cent of the gross goods from countries not having normal diplomatic national product in 1962 and 1961, respectively. In relations 'sith the Republic of Korea, subject to ap terms of 1961 constant prices, the percentages were d proval by the Cabinet in each case. This action would 14.0 in 1962 and 12.3 in 1961, showing an increase 1. be particularly helpful in enabling Korea to import of 16.1 per cent in a year. 1. capital goods on a deferred payment basis from Japan, 191. Government consumption expenditures at 1955 and thus help in the fulfilment of the Five-Year Eco cons.tant prices were 13,460 million won in 1962, com pl nomic Development Plan. pared to 13,540 million won in 1961, a decline of 0.6 tn 18i. Currently, there is a general consensus that per cent. In terms of 1961 constant prices, they were t efforts in future should be directed on an international 38,560 million won in 1962 and 37,910 million won 111 plane.66 This would inclwi.e such action as entering in 1%1, an increase of 1.7 per cent. In terms of cur re into treaties for the avoidance of double taxation, rent prices, they increased from 37,910 million won re treaties for the guarantee of private investment, and in 1961 to 47,520 million won in 1962, an increase th treaties of friendship, commerce, and navigation.67 of 25.3 per cent. In terms of current prices, their share hi Recently the Republic of Korea and France ~igned a in the gross national product was 15.7 per cent in 1961 and 17.0 per cent in 1962. in 57 Trade Development Corporation Law No. 1059 pro- 192. Private consumption expenditures at 1955 ge mulgated on 24 .-\pril 1962. ' constant market prices amounted to 104,270 million v~ 58 Information provided by the Korean Trade Dewlopment C0rporati0n. won in 1%2, compared to 96,210 million won in 1961, ~ 111 59 The Bank of Korea, Jlollthly Statistical ReviC1.c'. December an increase of 8.2 per cent. In terms of current prices, 1962, pp. 38-39. they were 22i,130 million won in 1962, and 189,070 th 1.:0 Ibid., June 1963, pp. 24-25. million won in 1961, an increase of 20.1 per cent. In it HI Ibid., December 19 62, pp. 38-39. terms of current prices their share in the gross national 62 Law No. 1164, promulgated on 4 October 1962. product increased from 78.3 per cent in 1961 to 81.2 os The Rank of Korea, JIOllthl].' Statistical Re'i)iC1.v, December pp 1962. pp. 38-39. per cent in 1962. tH Official Records of the Cell{'ral Assembly, S~'e/ltee/lth Bl Session, Suppleme/lt No. 13 (A/5213), para. 131. 68 Republic of Korea, Ministry of Foreign Affairs. 65 Law No. 1317, promulgated on 11 April 1963. 69 Whether it is tied to particular projects or is in support 66 The Bank of Korea. JIOlltlzl].' Statistical Rez';ew, Sep ca of balance of payments. tember 1962, p. 16. 67 The Republic of Korea has entered into an Investment 70 The Bank of Korea, Prelimi/lary Estimates of Gross Ec Guarantee Treaty, and a Treaty of Friendship. Commerce ,Yational Product for 1962, January 1963. and Xavigation with the United States of America. 71 All 1961 figures are revised. ta 16 ~- --"... · ._.;:.....-.II•••-----..·..lIIll11lillllll....11Il..1l1101l...--·iliV.-lIIe!ilil-IIIILII..IIIIIU_...... _------. 1 of patent rights AGRICULTURE AND FISHERIES adverse effects of currency reform it declined by 8 p~r cent. From July to December 1962 it rose 12.5 per resources through 193. Agricultural produ~tion in 1962 decline? rather cent, with increases from July to August accounting nducting bilateral steeply compared to that In 1961,T2 The dechne was for 9.7 per cent. Compa.red to May, the index for cporting countries a result of a severe drought especially during the December was 3.5 per cent higl.er. The most dramatic taly and the Fed~ months of June and July 1962. Rice production declined increase was exhibited by the index for mining after connexion it is from 2,739.6 thousand metric tons m 1961 to 2,309.9 June. From June to December it increased from 128.3 : of aidoD and the thousand metric tons in 1962, a decline of 16 per to 155.2, a growth of 21 per cent. The index for gen- iOrtant bearing on cent. Average annual output during 1956-1960 had eration of electricity continued to fluctuate widely till le limited capacity been 2,251.2 thousand metric tons. Summer grains the last quarter of the year when it increased by 17 declined from 972.9 thousand metric tons in 1961 to per cent. I general increases ts evolution. 937.7 thousand metric tons in 1962, a decline of 3.6 199. During the first six months of 1963, the index per cent. The output of miscellaneous grains on the of industrial production rose from 127.0 in January to other hand increased from 97 thousand metric tons 140.3 in June, an increase cl over 10 per cent. The :opments during in 1961 to 99.6 thousand metric tons in 1962, an index for manufacturing increased during the same new increase of 2.7 per cent. The output of pulses fell period by over 11 per cent, while those for mining from 190.3 thousand metric tons in 1961 to 181.9 and electricity each showed an increase of 6 per cent. lDUCT70 thousand metric tons in 1962. a decline of 4.4 per cent. The output of potatoes (sweet and white) in- 200. Of course, the increase in the index was not 1 product at cur creased from 866.2 thousand metric tons in 1961 to evenly spread over the period. The variations in the ,770 million won, 971.9 thousand metric tons in 1962, an increase of 12.2 monthly index generally reflected such factors as the . 1961, an increase per cent. tightening up of the monetary policy, the decline in growth, however, 194. For the 1963 summer crop, the latest estimate foreign exchange, the decline in general purchasing constant market for grain production shows that it was 411.4 thottsand power due to bad harvest, or the building up of inven- iuct 'lmounted to metric tons, compared to 937.8 thousand metric tons tories in anticipation of a rise in prices. 3,040 million won In terms of 1961 in the summer of 1962, a de ~Iil:e of 56 per cent, due 201. In the field of mining, production of coal ',290 million won mainly to excessive rains anti floods in the spring and (anthracite) was 7,430.4 thousand metric tons in 1962 1%1, an increase early summer of 1963. It 'was 52 per cent of the 1956- compared to 5,884.3 thousand metric tons in 1961, an 1960 average of 787.3 thousand metric tons.78 increase of 26.3 per cent. Iron77 ore production de- 195. Output of marine products showed a marked elined from 504.8 thousand metric tons in 1961 to 470.7 )ital formation at 74 ~,51O increase. It was 450.4 thousand metric tons in 1962, thousand metric tons in 1962, a decline of 6.8 per million won compared to 412.5 thousand tons in 1%1. In the first cent. Tungsten production in 1962 was 5,797 metric won in 1961, an six months of 1963, marine production was 153.8 tons, compared to 6,303 metric tons in 1961, a decline of 1%1 constant thousand metric tons, compared to 192.1 tho~sand of 8 per cent. Refined gold production was 3,355 kilo- ,530 million won metric tons in the first six months of 1%2.715 grams in 1962, compared to 2,599 kilograms in 1%1, 1961, an increase an increase of 29 per cent. 5 constant prices cent of the gross INDUSTRY 202. In manufacturing, noticeable progress was regis , respectively. In 1%. The annual combined index of industrial pro tered in the field of cement and fertilizers. The produc percentages were duction for 1962 was 123.5, compared with 105.7 in tion of cement in 1962 increased to 789.7 thousand metric tons, compared to 522.8 thousand metric tons ,wing an increase 1961, an increase of 16.8 per cent.76 The index for in 1961, an increase of 51 per cent. Fertilizer (urea) 1959 was 91.8. production increased to 81.3 thousand metric tons, lenditures at 1955 197. The monthly index of combined industrial compared to 64.7 thousand metric tons in 1961, an 'on in 1962, com production during the period unde; review followed increase of 26 per cent. In the first seven months of , a decline of 0.6 the usual pattern. It. reac~ed a low 111 February 1~62; 1963, cement production was 449.5 thousand metric prices, they were then continued to nse tdl the end of May, declmed tons, and that of fertilizers was 54.7 thousand metric ,910 million won in June, restarted the upward trend in August whic~ tons. In the similar period of 1962 respective figures In terms of cur reached a peak in December 1962. In February It were 441.6 thousand metric tons and 47.9 thousand ,910 million won reached a low of 104.5 and in December it was 136.8, metric tons. the highest level reached in recent years. The previous 1962, an increase 203. During the first six months of 1963, production prices, their share I high was 124.1, reached in December 1961. of coal (anthracite) was 4,240.2 thousand metric tons, 15.7 per cent in 198. The indices for the three components of the compared to 3,501.4 thousand metric tons in the industrial index-namely, mining, manufacturing and similar period of 1962. Production of iron ore during ditures at 1955 generation of e1e~tricity-showed differ~nt pat~erns of the same period was 230.2 thousand metric tons, com I 104,270 million variation. The 1l1dex for manufactunng, With the pared to 238.6 thousand metric tons in the first six lion won in 1961, greatest weightage, followed the trend of the combined months of 1962. Tungsten production in the first six of current prices, index. It also showed clearly the adverse effects of months of 1963 was 2,517 metric tons compared to %2, and 189,070 the currency reform. From February to 1\:fay 1962 3,012 metric tons in the similar period of 1962. Refined 20.1 per cent. In it rose by 26 per cent. In Jtme and July, OW1l1g to the gold production was 1,008 kilograms in the first five the gross national months of 1963, compared to 1,279 kilograms in the : in 1961 to 81.2 72 The Bank of Korea, E.conomic Statistics Yearbook, 1963, first five months of 1962.78 pp. 154-157. 73 Republic of Korea: The Economic Planning Board, 204. In 1962, the generation of electric power was Bureau of Primary Industry. k\Vh 1,978.1mi1lion, of which 701.9 million was hydro dgn Affairs. 74 Including fish, shell-fish, sea plants and miscellaneous electrk and k\Vi1 1,016.7 million was thermal. Power cts or is in support categories. generah'd h~; other means was kV/h 259.5 million. 75 The Bank of Korea, Monthly Statistical Review (Korean ~stimates of Gross Edition), August 1963, table 67, p. 103. 7745-47 per cent content. 76 Index based on 1960 = 100. For details, see annex V, 781'he Bank of Korea, Monthly Statistical Review (Korean tables 2-4. Edition), July 1963, table 66, p. 102; ibid., table 71, p. 108. 17 - This was an increase of 11.7 per cent over 1961. In planned to reduce the budgetary outlays by 3,520 million 1961 the respec.tive figures were kWh 1,770.5 million won in order to promote financial stability. In August of total power, of which kWh 652.2 million was hydro 1963, a supplementary budget was presented involving electric, kWh 1,118.3 million thennal,711 an increase of 280 million won in order to meet the 205. During the first seven months of 1963, the extraordinary expenses arising from low summer har total electric power generated was kWh 1236.8 mil vest, excessive rains and floods, and to grant interim lion, compared to kWh 1107.3 million in the similar compensation to low income government employees for period of 1962. This total included kWh 453.8 mil the rise in the cost of living in recent months. lion of hydroelectric power, kWh 614.1 million of 211. The two programmes together involved 're thermal power and kWh 168.9 million of power gen duction in expenditure of 3,240 million won, compared erated by miscellaneous methods. During the first to the original outlays estimated at the beginning of seven months of 1962, the respective figttres were the fiscal year 1963. An important feature of the pro· kWh 340.9 million, kWh 622.3 million and kWh 144.1 grammes was a reduction of 3.330 million won in outlays million. BO for government investment and loans. This was to be achieved by transferring projects to the private sector PUBLIC FINANCE wherever possible, by deferring or reducing outlays on 206. On 19 November 1962, the Government pro other projects not deemed urgently needed. There was mulgated the budget for the fiscal year (January also a reduction of 910 million won in outlays for tech December) 1963.81 Estimated expenditure amounted nical co-operation. As against these, there was an in to 76,870 million won, and receipts to 72,730 million crease of 820 million won in general expenses and 180 won, including foreign aid from counterpart funds. million won in defence outlays. The gap of 4,140 million won was to be filled by 212. On the receipt side. a notable feature of the internal borrowing. two programmes was the total suspension of the is 207. The budget was framed with a view to promot suance of industrial reconstruction bonds worth 2.840 ing over-all economic stability. Therefore the total million won as planned in the original budget. Also estimates were 680 million won below the budget for tax receipts were estimated to increase by 2,800 million fiscal 1962. In contrast the hudget for 1962 was 7,480 won. million won bigger than the one for the fiscal year 1961. Further evidence of stability is exhibited by the decrease MONEY, BANKING AND l'RICES in the proportion of counterpart funds in general reve nue from 39.25 per cent in the fiscal year 1962 to Introduction 35.29 per cent in 1963. Similarly the share of domestic 213. The field of money and hanking was dominated borrowing in the budget was reduced from 9.1 per cent by a search for a policy that would permit investment in the fiscal year 1962 to 5.39 per cent in 1963. Particu outlays as postulated in the Five-Year Plan without larly notable has been the absence of any overdrafts unduly upsetting the internal and external value of from the Bank of Korea in 1963 in contrast to 3,090 the currency. This search reflected a fundamental Rap million won overdraft in 1962. Further reductions in between domestic savings and investment. It posed a budget outlays as a part of anti-inflationary policy are question as to what extent this gap could be bridged hy under consideration. Direct taxes are estimated to con deficit financing, especially in the face of declining trends tribute nearly 11 per cent, indirect taxes (other than in the supply of external savings in the form of customs duties) 18 per cent, and customs duties 8 per foreign aid. cent. Comparable figures for the fiscal year 1962 were 9 per cent, 16 per cent, and 7 per cent respectively. 214. This basic dilemma produced four distinct phases in the development of the monetary policy. 208. On the expenditure side, general expenses were They were: a period of easy money policy. a period 41 per cent, defence 28 per cent, and fiscal investment of radical reform, a period of easy money policy again, and loan 30 per cent, respectively. Comparable figures and a period of restrictive policy. for the fiscal year 1962 ,were 39 per cent, 27 per cent, and 33 per cent, respectively. 215. In the first phase the dominant idea was the 209. Furthermore, special accounts other than coun need to meet the goals for investment outlays laid down terpart funds, economic development, government loan in the Five-Year Plan. Therefore, a. liberal monetary fun.d operation and.illicit fortune disposal accounts, polic~ was followed and as a result money supply whIch are already mc1uded in the general budget, steadIly increased.8s Under this policy, traders were showed receipts of 44,890 million won and expenditures enabled to obtain bank loans for the import of goods of 43,800 million won, resulting in a surplus of 1,090 supplied under foreign aid. Hitherto, such loans were million won in contrast to a deficit in the fiscal year permitted to manufacturers only. Banks were allowed 1962. t~ .grant l<;>ans for the manufacture of special commo 210. In 1963, the budget estimates as indicated above dlttes outslde the quarterly ceilings set for hank loans. were revised twice.82 At the end of April 1963 it was They were also authorized to render loans for the pur chase. of eq~lipment instead of supplying loans for 79 Figures for power generated by other means in 1961 are workll1g capItal needs only. At the same time the not available. quarterly ceiling for bank loans was also raised. 80 The Bank of Korea, Monthly Statistical Review (Korean 21~. Edition), August 1963, table 61, p. 86. . On account of the above-mentioned liberal policy mflatlOnary pressures increased. Therefore. an attempt Bl The Economic Planning Board, Summary of Budget 1963 and the Bank of Korea, Monthly Statistical Review Decembe; was made ~o reduce purchasing power in the hands 1962, pp. 4-7. For details, see annex V, tables 5, 6 ~d 6A. of the publlc and channel idle savings into productive 82 The Economic Planning Board, Summary of the First SupPlementary revised Budgetary Bill for 1963, August 1963 83 The Bank of Korea, M ontlily Statist£cal Revicw, August pp. 4-7 and 33-34. ' 1962, p. 12. 18 inVt'stn1t'nt through a currency reform,lli This reform reform. in a period of three \\'l'eks, it dedined by 17 per n'I!llcl'll the 1lI0lll'y sU)lply hy 17 per et'nt hetween 9 and cetlt. :\s Stl'pS Wl'rt' taken to liheralize cn'dit to\\'ards 30 June IQ()2, disturh!'ll tht, established pattern of the the t,tld oi .I11ll1· the ratl' of growth incrt'asl'l!. From the us!" of mollt'y and crt·dit. anll hrought about a decline t'tld of .I UtiI' to Sl'ptelllhl'r IlJ()2. it itll'reasl'd by 25 per in t'c01lOmic activity. l·l'tlt. In the last quarter of tl1l' year. as a result of the "17. To revive economic activitv and restore con stabilil.atioll polky, the 1ll0lll.'y supply declitled by 5 per fid;nce in the currency, the measures takl'n under the cent. rl'fllrm Wl're repealed and a liberal mOI1l'tary policy was 223. In tlte lirst six Illonths of 1963, as a result of lIT im'(lI\'t'll 1'1' reinstitutl'd. It included the defreezing of hank de the imp1l'ml'ntat ion of tinancial stabilil.ation programmes I WIlII. c(ll11l'an'tl posits. the lowering of reserve requin'ments aud the with l:ontinm'd l'mphasis on tight money policy. money Ihl' hl'gillllillg oi removal of cl'iling on the volume of commercial bills supply dedilll'll from 3~.{J70 million won at the end of Iturl' of tIll' 1'1'0· that could he discounted. Hut as the volume of money 1auuar\, to 35.510 million won at the end of 1une, III WOIl ill ollth\'s supplv seemed to increase, fast hrakes were applied. ;1 declIne of ~ per cent. The volume of currency in This was to i'l' Reserve requirements were raised twice, and the periods drl:nlation dedined nearlv 12 per Cl'nt, and that of It' pl'i\'alt' st'ctor for which bills could he discounted were reduced. demand deposits 5 per ceill. ucillg (lilt!:!\,,,; (Ill Ne\'erthl'1ess. from the end of June to the end of I'(!t-( 1. Thnt' W;lS Septelllher 1962 the money supply increased by 25 Banking (luth\,s i(lr !I'I·h· pl'r cent.ll:l 224. From the heginning of the year to the end of ht'n' .w:\s :111 ill 218. In the fourth quarter of 1962, inflationary Tune 19<12 commercial banks enjoyt'll an increasing ~n X)II'I1"I'S allll I pressures became acute and therefore a restrictive clegree of liquidity. :\fter June their liquidity positi0n mOI1l'tary policy was instituted to promote economic began to lkteriorate steadily.!l1l Thl'ir I'XCl':-S reserves I' fl'atm\' (If tIll' stahility, Tht, {lUarterly criling on ball~ loal~s was dras expantkd from 71)1 million won at the beginning of llsiol1 nf tl1l' is ticallv lowered compared to that for lIle tlnrd quarter. ] anuary to 3,3(1~ million won at the l'llll of .I U!w...\fter [1(ls ,,'orth 2,K-tO }{estrktions were placed on credit for financing stock a steady decline, at the elld of Decl'mber thev stood at al hlHlgd, :\Iso market operations, and many loans were called in. The 473 mnJion won. :\t the end of December '1961 they hy 2 ,~OO million only expansionary measure was. the selective reduction were 791 million won. In tlte lirst six months of 1963. in interest rates mentioned earlter. the liquidity po:-ition of commercial banks continued to 219. During the first six months of 1963. the tight be tight, The pressure eased slightly between April and llIolll'tary policy was continued. Many addition~l.mea .lUll<'. At the end of June 19(J3, excess reserves were sures were taken to further tighten the availalllhty of 440 million won.u 1 credit. These measures included fixation of lower quar 225, Deposits of all types continued to expand till ~ was dtlminated terh' ceilings on loans b\' commercial banks, restriction the end of September 19()2. They increased from 19,310 'rtnit im'l'stment on the agg~egate amount of commerci~l bills that could million won at the beginning of January to 31,223 million 80 11' Plan \dthout be discounted hy commercial banks aud on the total won at the enll of September. In the fourth quarter of :tl'l'l1al Yaim' of amount of loans that could be extended on the security 1962. owing to the stabilization policy. they showed a 'undaml'ntal gap of installment savings deposits by all banking institu r~~clinl'. They declined from 31.223 million won at the Il'nl. Tt )Insed a tions.N7 allll prohibition of bank loans for the purchase enll of September to 29.053 million won at the end of Id he hridged hy of goods supplied under the United States aid pro Decemher 1962. Demand and s~l.Yings deposits followed declining trends granulle.S8 a. similar pattern. with slight \'ariations. Dl'mand deposits n the form of 220. Towards the same end two new laws were increased from 10.CA~5 million won at the beginning of adopted. One. entitled "l\Ieasures Regulating Loans January to 12,339 million won at the end of September :1 four distinct Secured by Commodities". was passed to curb spemla ll)(l2. Owing to the currency reform there was intl'r lonetary policy. tion in essential commodities. Another law. entitled ruption in the process in June, In the last three months policy, a period "Temporary Measures Concerning Payment Guarantees of the year 1962, as a result of the tight money policy, l'y policy again. and Loans to Finance Importation of SurplUS Farm they declined from 12,339 million won at the end of Products under P.L. 480", was passed to speed up the September to 11.112 million won at the end of Decem import of surplus grain. ber 1962. Savings deposits increased from (1.331 million lt idea was the won at the beginning of January to 12.9Rl million won Itlays laid down M 0111')' sltNl)' at the end of October. with a sudden increase in June iberal monetary 221. In 1962, money supply rose from 31.220 million owing to the switch from demand to savings deposits money supply won to 36,710 million won. an increase of lK per cent. required by the currency reform. Like demand deposits r, traders were In 1961, the rate of increase was 43 per cent.89 they too declined from a peak of 12,981 million won in mport of goods October t"l 11.596 million won at the end of Decem. ,uch loans were 222. The over-all decline in the rate of growth W;l,S not due to the general abatement of inflationary pres her 1962. In the first six months of 1%3 deposits of all :s were allowed types showed a slight increase. except in April when special coml11o sures, but to an uneven growth resulting from the varia tions in the monetary policy described earlier, In the they declined. At the end of June they stood at 29.129 for hank loans. million \von. lIlS for the pur period prior to the cm'rency reform the rate of increase ying loans for was 19 per cent. Then, as a result of the currency 226. Loan and discount operations of commercial same time the hanks showed a steady rise well into the beginning of so raised. 84 pfficial Rccords of the Grllcral Asst'lllbly, S/",'cntcclltll the fourth quarter of 1962, Their volume increased from SCSS10Il. SlI/'PlClIICllt No. 13 (Aj5213), paras, 117-124. 12.778 million won at the beginning of January to I'd liberal policy So The Bank of Korea, MOllthlJ,' Statistical Rc~';c'iC'. August 22.381 million won at the beginning of October. The Dre. an attempt 1902. pp. 14-15: Ibid., November 1962, pp. 13-17. increase was especially marked in the amount of bills r in the hands sn Effective 1 February 1963. ll7 It was decided on 14 March 1963 that loans on the security discounted after the currencv reform as the terms of into productive of installment savings deposits hy all hanking institutions discount were liberalized to -relieve the financial strin- could not exceed the balances outstanding as at that date. Rc~';cw, ! RC7Jil."W, August 88 The Bank of Korea, },[ontlzly Statistical May \10 The Bank of Korea, Mrllltlzly Stafl'stical Rc~'i(",<1J, February 1963, pp. 15-16. 1963, pp. 21-22: see also annex V. tahles Rand Q. 8U See annex V, table 7. 01 Ibid. (Korean edition), August 1963, table 10, p. 24. I 19 gency resulting from the change. The amount of loans fall. During the spring and summer months of 1963 also showed a substantial increase from June to October the prices mainly rose owing to heavy rains which owing to the same reason. In the latter part of the fourth raised fears about the yield of summer crops. The price quarter, as a result of the financial stabilization pro ris~ was especially pronounced in July when the index gramme, volumes of both showed a decline. rose near 42 per cent as the first esttmate for summer 227. In the first six months of 1963, loan and dis harvest showed a heavy decline. count operations of commercial banks showed very small variations as a result of the tight money policy referred The stock fnarket to above. Their volume increased from 22,423 million 234. The stock market reopened for business on won at the end of January to 23.363 million won at the 13 July 1962. It may be rec.1.!led that it was suspended end of March, but declined to 22,769 million won at the in June following the settlement difficulties arising out end of June. of the unprecedented boom in May 1962.95 235. After reopening, the market did not function Prices ~.moothly in spite of the earnest efforts of the Gov 228. The index of wholesale prices in 1962 showed ernment. In various ways it tried to enable it to work a rise of 13 per cent compared with 18 per cent in smoothly without the recurrence of speculation as 1961. The average annual index rose from 192.3 in happened in May 1962. It required securities com 1961 to 218.0 in 1962.92 panies to increase their equity resources, raised the 229. In the first seven months of 1963, the index amount of deposits required for each transaction, of wholesale prices showed a steady upward trend. It adopted a more flexible margin requirements policy, rose from 226.7 at the end of January to 306.0 at the and a greater degree of control over bank credit lor . end of July. an increase of nearly 35 per cent. l\Iost of security financing, and at times prohibited future trad the increase was in grain prices. During the same period, ing in selected shares, and restricted the volume of the index of grain prices rose by 110.2 per cent. while daily trading. As a result of the adoption of these the index for all commodities excluding grains rose by regulatory methods, speculation on any significant scale 10.4 per cent only. was prevented, but the stock market failed to operate 230. The average annual indices of various com in a normal man11er. It had to suspend operations on ponents showed varied rates of growth. The index for several occasions. mainly because of the prevalence of \ foodstuffs increased by 18 per cent, showing the same very low prices and the alleged short supply of bank rate of increase as in 1961. The index for fuels and credit. power increased by 14.5 per cent, whereas in 1961 it 236. To place the market on a sound footing the increased by 57.8 per cent. The index for mineral Government later on amended the Stock Exchange products rose by 4.6 per cent compared to 25.4 per cent Law in late April 1963.06 This amendment. among in 1961. That for metal products and machinery in others, provides for the appointment of a president and creased by 4.6 per cent, compared to 3.5 per cent in 1961. directors by the Government. It also provides for I 231. An examination of the monthly variations in the financial support by the Government and commercial combined index shows that it increased from 192.9 at banks to stabilize stock prices if necessary, as well as the beginning of the year to 224.1 at the end of August, exemption from taxation and the payment of dividend and declined to 223.7 at the end of December 1962. on the Government's holdings of the shares of the Thus, in the first eight months of the year 1962 prices Stock Exchange Company if its annual dividend falls rose by 16 per cent and in the last four months declined below six per cent. On 8 May 1%3, the Stock Ex by 0.17 per cent. The monthly fluctuations in the indices change resumed trading which had been suspended of various components showed similar trends except for since 25 February 1%3, under the revised law. that of mineral products. The latter declined from 199.6 at the beginning of the year to 166.3 at the end of FOREIGN TRADE AND PAYMENTS June 1962 and then stabilized around 168. In this case 237. The adverse balance in the foreign trade97 of the fluctuations in the international prices of various the Republic of Korea continued during the period minerals play an important role. under review. In 1962, commercial exports and im 232. The relative steadiness shown by various in ports were $54,813,000 and $177,207,000, respectively. dices in the second half of the year 1962 was a result of In 1961, they were $40,878,000 and $103,138,000, I tight monetary policy and the enlargement of the scope respectively. 03 of price controls during the period. In the first half of 238. In the first six months of 1%3, preliminary the year the increases in indirect taxes, in railway freight estimates show that commercial exports were $38.5 charges and the official prices of fertilizers and tobacco 94 million and imports (including relief goods) were contributed substantially to the price rise. $150.0 million. In .the similar period of 1%2 the 233. The index for grain prices in 1963 followed the an10unts were $23.7 million, and $83.4 million, re normal pattern with a rise during winter and the lean spectively.98 season of spring months. But this time the usual pattern 239. During 1962, imports under official aid pro was aggravated because of many unusual factors. During grammes were $213,773,CXX> and under various the winter months the main contributory causes were the relief programmes $24,253,000. In 1961 they were heavy decline in autumn crop, and the slowdown in transportation due to the severe winter and heavy snow- 95 Official Records of the Gcnci"ttl Assembly, Sevel£teenth Session, Supplement No. 13 (A/5213), paras. 172-175. 92 See annex V, table 10; Base 1955 = 100. 96 RepUblic of Korea, Law No. 1334, promulgated on 27 93 On 13 August 1962, thirteen additional commodities were April 1963. brought under price control, bringing the total to eighteen. 97 The Bank of Korea, Montltly Statistical Review, May 94 The Bank of Korea, Monthly Statistical Review, February 1963, table 38, p. 49. 1963, p. 40. 98 Ibid., (Korean edition), August 1963, table 47, p. 66. 20 '~J:""";'''l'''''''~!'''!''-'''' • lmmer months of 1963 $1%,gI8,OOO and $16.IM.~, respectlYely. ~n t1~e of North America (lIlostIy the United States of to heavy rains which first six months of 1963. ~Il~l)()rts under offiCIal ~Id America) incrt'ased frolll 17 per cent in IQ61 to 23 per umOler crops. The price programmes were $115.3 nullIon, compared to $lOl'U cent. The share of A~ia dcclined from 70 per cent in in luly when the index million in the s.'lme period of 1962.°11 1%1 to 66 pt'r Ct'nt in 1962. The combined shar.e of ~stimate lapan. Ihe l'nited States of :\nH'riC'a and Hon~ Kong 'st for summer 240. It should be noted that the Republic of Korea ~leclined ~ earns a large amount on im'isible .account. esp~i:llly from per l't·nt in 19()! to 73 per cent due to the sale of goods and srn'Ices to the lmted in 1962. arkrt Nations forces stationed in the country. In 1%2. 246. On the import side. the United States of pene At CH NE' J, PAl PH R A TB, R A TUR R Sess M Sess Li a1 b Cl 24 I ~":i'Cj~,"'''<''''''''''\'' :BRIDGE, Australi A. Delc,ations to the Commission Session held from 28 February to 4 March 1963 Mr. Bueno, Philippines 1. LIST OF DELEGATIONS AU~THAI.IA Session held from 15 June to 22 June 1963 Rerrcsrntativt" :Major-General AIIsuchote, Thailand Mr. John D. Petherbridge Session held from 15 August to 23 August 1963 A ltemate rl!prt'sl'ntlltil!1! Mr. Baykan, Turkejl Mr. Cavan Hoguea (b) COlllmittee of UNCURl, Mr. (iroffn'y Vincent Bradyb 1962 CHILE September Re/"resl'1ltatil!l" Mr. Bueno, Philippines Mr. Roherto Suarez Barros, Ambassador Extraordinary October and Plenipotentiary Major-General Ansuchote, Thailand NETlU:RI.ANDS November Represrntatil!l" Mr. Baykan, TlIrkey Mr. N. A. J. de Voogd, Ambassador Extraordinary and De<'ember Plenipotentiary . ::, l'ctherbridge, Australia Altemate represrntati7'e 19f)3 c Mr. Gerardus J. Dissevelt January PAKISTAN Mr. Bueno, Philippines RepresC1~tati'i'1' February Lieutenant-General K. M. Sheikh, ret., Ambassador Extra :Major-General Ansuchote, Thailalld ordinary and Plenipotentiary March Mr. Baykan, Turlley PHlLII'PINES April R erresC1~tati71(" Mr. Petherbridge, Australia Mr. Maximino G. BUCIIO, Ambassador Extraordinary and Plenipotentiary May Alternilte represel~tativf! Mr. Bueno, Philippines Mr. Tiburcio C. Baja June Major-General Ansuchote, Thailand THAILAND July Representatiz'(! Mr. Baykan, TlIrkey Major-General Chan Ansuchote, Ambassador Extraor dinary and Plenipotentiary August Mr. Petherbridge, Australia Alternate represClltath'f! Mr. Klos Visessurakarn B. United Nations Secretariat TURKEY Representative Principal Secretary Mr. Muammer Baykan Mr. Ismail R. Khalidi Political Affairs Officcr 2. ROSTER OF CHAIRMANSHIP Mr. Ahmet H. Ozbudun (a) Comlllissi01~ Administrative and Finance Officer Session held from 17 to 19 November 1962 Mr. Reginald D. Bruce (until 24 June 1963) Mr. de Voogd, Netherlands Mr. Donald T. H. Richads (from 24 June 1963) Session held from 14 to 21 December 1962 Economic Affairs Officer Lieutenant-General Sheikh, Pakistal~ Mr. Nalinkumar I. Almaula a Until 9 December 1962. Calmmmications alw Trallsportatiol~ Officer b From 7 January 1963. c From 27 November 1962 to 17 July 1963. Mr. Johan Boe I 25 "'1.' t. • .•lWIJ*Ia J._ PN'solfQl Assistant to tht Principal Surttary Clerks Viu-Chairmon Mr. Jesus Colet (until 15 January 19(3) Mr. Choe Yohng Sohk Mr. [)onalu J. Rogers (from 10 April 1963) Mr. Lee In Soa (until 7 September 1962) Lt. Gen. Lee J00 A dmillistrati:·,' .-1 ssistant Miss Olung M)'uni{ Hee (from 5 October 1962) StaKdi"g Committtt~ Committees)C Mr. Dwarka Nath Puri C. Or••nlaatlon Chairmall. 1...gis/at Sterctllr)' The four delegations of the Committee of UNCURK are Brig. Gen. Lee Mr. Kidar X. Sawhney established in Seoul. Three members of the Commission are 26 January g Int,·r",..Jiatt' Rcuareh .-t ssistallt residents in Japan as was one alternate representative of one Col. Kil Jai H. of these delegations. Tht: secretariat of U:-l'CURK is also 19(3) ~Ir. Cho Dong Bin established in Seoul. Brig. Gcn. Kan: Ru..ardl Assistant The Commission and its Committee have continued to r~'eive Mtmber: )'Ir. Moon Hae Shik 10gistical support from the United Nations Command. They have also received co-operation and assistance from the Iiai~on Col. Kit Jai I Transportatl'oll alld BICi/dillg .llaillte'tI(Jllet Assistant officers rrovidcd by the 1Iinistry of National Defence of the Chairnwn. H omt .f. Mr. Chung Hak Joon Republic of Korea. The secretariat of VNCUR:';: has continued to render assist Brig. Gen. Cho Fill,ance Assistallt ance to representatives of various United Nations agencies in 26 January g Mr. Sohng Ri ("11: Seoul. Col. Kim Hyun~ ruary 1963) Maj. Gen. Kim ANNE."{ II Members: Col. Park Wo Government of the Republic of Korea 1963) Col. Kim HYI A. Executive CommerCl.' ana Illdustry: uary 1963) Brig. Gen. Pal Preside'llt of the Republic Yoo Chang Soon (from 10 July 1962 to 8 February 1063) Maj. Gen. Park Choong Hoon, rei. (from 8 February to " .' ~n. Park Chung Hee (Acting) 9 August 196:) Chairman, Foreign Head of Cabinet-Prime Mi"ister Kim Hoon (from 9 August 1963) M:>.rine Lt. Gen. to 26 January Kim Hyun Chul Transportation: Marine Maj. G Ch'lirman of the Eco"omic Planning Board Maj. Gen. Park Choon Shik (from 16 August 1961 to 21 February 1 8 February 1963) Kim Yu Taik (from 10 July 1962 to 6 February 1%3) Mai. Gen. Kim Kim Yoon Kie (from 8 February 1963) Yoo Chang Soon (from 8 February to 12 Apri11963) 1963) Won Yong Suk (from 12 April 1963) H eaUh and Social Affail's: Maj. Gen. Yoa Brig. Gen. Chung Hi Sup, ret. (from 7 July 1961) Maj. Gen. Park Millisters: COllll1llmictltiollS: Members: Foreign Affairs: Brig. Gen. Bai Duk Chin (from 20 May 1961 to 1 Feb Brig. Gen. Ki Lt. Gen. Choi Duk Shin, ret. (from 11 October 1961 to ruary 1963) uary 1963) 16 March 1963) Rear Adm. Kim Chang Hoon, ret. (from 1 February 1963) Brig. Gen. Pal Kim Yong Shik (from 16 :March 1963) Public Information: Chairl1lall, Finance Home Affairs: Lee Won Woo (from 18 June 1962 to 12 Apri11963) ,, Maj. Gen. Han Shin (from 20 May 1961 to 15 October Vim Seong Hi (from 12 Apri11963) Maj. Gen. Y00 1962) 1963) Lt. Gen. Park Kyung Won (from 15 October 1962) COllsfruction: Maj. Gen. Kim Lt. Gen. Bak Im Hang Crom 18 June 1962 to 11 March Firklllce: 1963) Membcrs: Kim Se Ryun (from 18 June 1962 to 8 February 1963) Brig. Gen. Cho Sung Keun, ret. (from 16 March 1963) Marine Brig. Whang Chong Yul (from 8 February 1963) 1961 to 26 J: Minister Without Portfolio:a Brig. Gen. Pa Justice: M'1j. Gen. Cho Shi Hyung, :-et. (from 16 March 1963) Col. Cho Byung I1, ret. (from 9 January 1962 to 1 Feb Maj. Gen. Kim Jae Chun, ret. (from 23 July 1963) ruary 1963) Cabinet Adlllillistration:~ c Established on I. Brig. Gen. Char.1S Yung Soon (from 1 February i963 to 22 Apri11963) Brig. Gen. Klm Byung Sam (from 20 May 1961 to 1 Feb ruary 1963) Min Bok Kee (from 22 April 1963) Brig. ~n. Lee Souck Jae, ret. (from 1 February 1963) National Defence: Lt. Gen. Bak Byeung Kwon, ret. (from 10 July 1961 to B. Judiciary 16 March 1%3) The Supreme Court Lt. Gen. Kim Sung Eun, ret. (from 16 March 1963) Chief llfstice Education: Cho Jin Man (from 30 June 1961) ... A. Represent Kim Sang Hyup (from 9 January 1962 to 15 October 1962) Argentinaa Park II Kyung (from 15 October 1962 to 16 March 1963) C, The Supreme Council for National Rl.Jcor-nstruction Austra1iab c Lee Chong Woo (from 16 March 1963) Chairman Belgiur.1 d Gen. Park Chung Hee Brazil Agriculture and Forestry: Canadaa Maj. Gen. Chang Kyung Soon (from 20 May 1961 to Chilea 24 June 1963) a The post was established on 16 March 1963. China (Republic of) b Renamed as the Ministry of Cabinet Administration on Brig. Gen. Lew Byong Hion (from 25 June 1963) 12 July 1961. Colombiaa Congo (Brazzaville) 26 Viet-C/lQirman Brig. Gen. Lew Byung Hion (from 2 September 1961 Lt. Gen. Lee Joo I1 to 24 June 1963) Commodore Chang Chi Soo (from 21 February 1963) Standi"g Committus (comprising Chairmen of the SCNR Sub Committees)e ChaiN/lan, i.Jucatiolt and Social Affairs: Maj. Gen. Kim Yon Soon (from 20 July 1962 to 7 Jan Chairmall. l.rgislati01I alad Judiciary: uary 1963) :URK are Brig. Gen. Lee Souek Jae, ret. (from 21 June 1961 to MaL Gen. Kim Jae Choon, ret. (from 7 January 1963 to Iission are 26 January 1963) 26 January 1963) ive of one Col. Kil Jai Ho (from 26 January 1963 to 21 February Col. Hong Chong Chul (from 26 January to 12 July i963) K is also 1963) Brig. Gen. Lee Won Yup (from 12 July 1963) Brig. Gcn. Kang Ki Chon (from 21 February 1963) to r(O'eive Mtmbrrs: Mtmber: mu. They Col. Hong Chong Chul (from 12 June 1961 to 26 Janu lhe liai~on Col. Ki! Jai Ho ary 1963) le.: of the Chainnall, H"mt Affairs: Marine Col. Chung Sae Woong, ret. (from 12 June 1961 to 21 February 1963) der assist· Brig. Gen. Cha Shi Hyung (from 4 September 1961 to Brig. Gen. Kang Sang Wook, ret. (from 12 June 1961 gendes in 26 January 1963) to 21 January 1963) Col. Kim Hyung Wook (from 26 January 1963 to 21 Feb ruary 1963) Chairman, Transprrtation and Communi,;ations: Maj. Gen. Kim Yong Soon (from 21 February 1963) Marine Maj. Gen. Kim Yun Keun (from 12 June 1961 to 26 January 1963) Members: Col. Ok Chang Ho (from 26 January 1963 to 21 February Col. Park \\"on Bin (from 12 June 1961 to 21 February 1963) 1963) Air Force Brig. Gen. Park Doo Sun (from 21 February Col. Kim Hyung Wook (from 12 June 1961 to 26 Jan i963) uary 1963) Member: lary l00S3) Brig. Gen. Park Yung Suk (from 21 February 1963) Col. Ok Chang Ho :bruary to ..' Chairman, Foreig" Affairs alld National Defrose: Chairman, Steering and Planning: M<>.rine Lt. Gen. Kim Dong Ha, ret. (from 10 July 1962 Col. Oh Chi Seong (from 12 June 1961 to 21 February to 26 January 1963) 1963) Marine Maj. Gen. Kim Yun Keun (from 26 January to t 1961 to Col. Kim Hyc.,lg Wook (irom 21 February to 12 July 21 February 1963) 1963) Mai. Gen. Kim Hi Duk (fro' ;1 February to 12 July Maj. Gen. Chang Kyung Soon (from 12 July 1963) 1963) Maj. Gen. Yoo Yang Soo (from 12 July to 19 July 1963) Other members of the Sllpt'etllC Cou1Icil for National Re construction : Maj. Gen. Park Won Suk (from 19 July 1963) Gen. Kim Chong On, Chairman of the Joint Chiefs of Members: Staffe to 1 Feb· Brig. Gen. Kim Jae Choon (from 20 July 1962 to 7 Jan Gen. Min Ri Shik, Chief of Staff, ROK Army (from uary 1963) 1 June 1963) "\ lary 1963) Brig. Gen. Park Hy~'!n Sik (fro11' 21 February 1963) Vice Admiral Lee Sung Ho, Chief of Naval Operations (from 12 June 1961 to 28 September 1962) Chairmall, Finance and Economy: 3) ,, Vice Admiral Lee Meang Kee, Chief of Naval Operations Maj. Gen. Yoo Yang Soo (from 20 July 1962 to 12 July (from 28 September 1962) 1963) I.ir Force Lt. Gen. Chang Sung Whan, Chief of Staff, Maj. Gen. Kim Hi Duk (from 12 July 1963) ROK Air Force 11 March ~Members: Marine Lt. Gen. Kim Doo Chan, Commandant, ROK Marine Corps 963) Marine Brig. Gen. Oh Jung Keun, ret. (from 12 June 1961 to 26 January 1963) Maj. Gen. Rim Jin Wee, Commander, Capital Defense Brig. Gen. Park Tai Joon Command 163) e Gen. Kim Chong Oh, former Chief of Staff, ROK Army, became the first Chairman of the Joint Chiefs of Smff estab Cl Established on 12 June 1961. lished on 1 June 1963. to 1 Feb- ary 1963) ANNEX III f International relations of the Republic of Korea A. Representation with foreign Governments a a , Gabon Jordan .. c a Argentinaa Costa Rica!! Greece Luxembourg a ~uction Australiab Denmarkc Guatemala!> Madagascar t e Belgiur.1c Dominican Republic!! Holy See Mexico Honduras!! e ';" Brazild c Morocco Ecuador a Canadaa El Salvador!! Iceland Netherlandsc Chilea Federal Republic of Ira'~~' New Zealandc China (Republic of)b Germanyb IsraelI! Nicaragua!! ration OD Colombiaa Federation of Malayae Italyb Norwayc Congo (Brazzaville)e Franceb Jamaicaa Panamaa 27 "H ... Paraguay Thailandb .. OrlfIlHi.rIuiott$ Phitippinesb Turkeyb Dlltr of IICC'U;tm Portugal Uganda- Commission on Narcotic Drugs . 1 January 1963 Saudi Arabia United Kingdum of Great Afro-Asian Rural Reconstruction Organi- b Senegal Britain and Northern Ireland zation . 19 February 1963 Sierra Leone Fnited States of Americab SpainI' 1Jp~r VoltaC' SwedenI' Viet-Nam (Republic oOb Dill. of .ngHlllur, Switzerland- or /K""itm Constitution of the Eastern Regional Organization for Public Administration 6 October 1962 - The Republic of Korea is represented in th~ counterpart country by a concurrent envoy while the accreditation of the Agreement for the Services (application latter's envoy is pending. of radioisotope in agriculture) of Tech b Envoys stationed in res~tive capitals. nical Assistance Experts between the e Concurrent. Neither envoy is stationed in the respective Republic of Korea and the International callitals. d Republic of Korea's envoy is in the counterpart country, Atomic Energy Agency 15 October 1962 while the latter's envoy is concurrent and is stationed else Convention relating to the Status of State- where. less persons 10 November 1962 • Republic of Korea's envoy is stationed in the respective capital while the accreditation of the counterpart country's Agreement for the Services (experimental envoy is jlending. nuclear physics) of Technical Assistance t The Holy See is represented by an apostolic delegate. Experts between the Government of However, no formal diplomatic relations have been established. the Republic of Korea and the Gov It Israd accredited a concurrent envoy while the accredi ernment of the International Atomic tation of Republic of Korea's envoy is pending. Energy Agency ...... 18 December 1962 B. Mi88ions of the Republic of Korea Trade Agreement between the Govern ment of the Republic of Korea and Office of Permanent Observer of the Republic of Korea to the Government of the Republic of the United Nations (New York) Viet-Nam 19 Decemiler 1962 Permanent Delegation of the Republic of Korea to Interna~ Trade Agreement between the Republic tional Organizations in Geneva and Office of the Permanent of Korea and the Federation of Malaya 31 December 1962 Observer to t"e European Oflice of the United Nations (Geneva) Agreement relating to the appointment of a Resident Representative of the Republic of Korea Mission in Japau (Tok"Yo), Branches of the United Nations Tec1mical Assistance Mission (Osaka and Fuk"Uoka) Board in thl' Republic of Korea ..... 4 January 1963 C. Consulates General of the Republic of Korea Agreement relating to tht' Loan of Addi tional (two) United States Naval Ves Cairo (United Arab Republic) sels between the Government of the Hong Kong (Crown Colony of the British Commonwealth) Republic of Korea and the Govern- Honolulu (United States of America) ment of the United States of America. 11 February 1963 Los Angeles (United States of America) Agreement for the Establishment of the New Delhi (India) German Economic Advisory Group be tween the GoverlUuent of the Republic Kew York (United States of America) of Korea and the Government of the Phnom Penh (Cambodia) Federal Republic of Germany 14 February 1963 Rangoon (Burma) Constitution of the Afro-Asian Rural San Francisco (United States of America) Reconstruction Organization 29 February 1963 Nairobi (Kenya) Agreement regarding the Customs Tariff between the Government of the Re D. Consulates in the Republic of Koreah public of Korea and the Government Belgium of the French Republic 12 March 1963 Denmark Agreement for the Services (radio chemistry) of Technical Assistance Israel Experts between the Government of X etherlands the Republic of Korea and the Inter- Norway national Atomic Energy Agency 3 April 1963 Sweden Agreement concerning the Mutual Protec tion of Patent Rights between the E. Accessions by the Republic of Korea to international Government of the Republic of Korea organizations, agreements or treaties during the period and the Government of th~ French covered by the present reporti Republic 26 April 1963 a. Organizations Trade Agreement between the Govern Date of accessioll ment of the Republic of Korea and the Ea~tern R~~onal. Organization for Pub- Government of the United States of hc Admmlstration 6 October 1962 Brazil 21 May 1963 Colombo Plan 15 November 1962 F. Major International conferences attended by the Repu!.~ic of Korea '!luring the period under review h This list represents the honorary consulates stationed in Seoul and does not include consulates or consuls maintained United Nations within the respective embassies. Seventeenth regular session of General Assembly-Observer 1 For list of international organizations, agreements or , (New York) treaties of the prev;ous year, see Official Records of the Gen " eral AssemhlJ'. Seventeenth Session, Supplement No. 13 (AI United Nations Conference of Plenipotentiaries on Con 5213), annex Ill, D. sular Relations (Vienna) 28 United Nations Conference on the Application of Science International Con~erence on Civil Liability for Nuclear D.u of acc,sn'M and Technology for the Benefit of the Less Developed Damage (Vienna) Areas (Geneva) 1 January 1963 Narcotic Commission United Nations Pledging Conference on the Expanded Pro- 19 February 1963 gramme of Technical Assistance and the Special Fund Eighteenth session of the Commission on Narcotic Drugs (New York) (Geneva) th~ DtJt, of sigHtJt,.,., EcOtlomic: Cotmt!irsiOtl lOt' Asia and FGt' East Colombo Plan or GCussi.. Nineteenth general session (Manila) Fourteenth meeting of the Consultative COntmittee of the 6 October 1962 United NatiOtlS Educational, Sciffltific and Cultural Organi Colombo Plan (Melbourne) .ration Eightieth session of the Colombo Plan Council for Tech Twelfth session of the General Conference (Paris) nical Co-operation in South and South-East Asia Twenty-Fifth International Conference on Public Education (Colombo) (Gene\'a.) Eastern RegiOtlGI Organization lor Public Administration 15 Odober 1962 World Health Organization Executive Council Meeting and First Working Party Senli Sixteenth World Health Assembly (Geneva) nar (Manila) 10 November 1962 Food and Agriculture Organisation 01 the United NatiOtlS Inter-Governmmt:d Maritime Consultative Organi::atiOtl Tenth Indo-Pacific Fisheries Co1.mcil (Seoul) Extraordinary Session of the Assembly (London) The World Food Congress (Washington, D. C.) International Atomic Energy Agency Asian Productivity Organization Sixth General Conference of the International Atontic Third Workshop Meeting of the Directors of the National 18 J)ecentber 1962 Energy Agency (Vienna) Productivity Organizations (Seoul) ANNEX IV 19 J)ecentoer 1962 Texts of LaW8 31 J)ecentber 1962 Pag, pag, A. The Constitution of the Republic of Korea 29 D. National Assembly Election Law Law No. 1256 (promulgated on 16 January 1963, 4 January 1963 as amended on 6 August 1963) 41 B. Political Party Law E. Presidential Election Law Law No. 1246 (promulgated on 31 Decentber 1962) 36 Law No. 1262 (promulgated on 1 February 1963, as amended on 6 J\ugust 1963) . 59 11 February 1963 F. Te1nporary Measures Law fOt' Settlel1~ent of State C. Election Manageml!nt Committees Law of Emergency Law No. 1255 (promulgated on 16 January 1963, Law No. 1307 (promulgated on 16 March 1963 as amended on 6 August 1963) 39 and repealed on 8 April 1963 by Law No. 1315) 73 14 February 1963 A. THE CONSTITUTION OF THE REPUBLIC OF CHAPTER I 29 February 1963 KOREA General Provisions PREAMBLE Article 1. (1) The Republic of Korea shall be a dentocratic We, the people of Korea, possessing a glorious tradition and republic. history from time immemorial, imbued with the sublime spirit 12 March 1963 ~~arch (2) The sovereignty of the Republic of Korea shall reside of independence as manifested in the 1st Movement in in the people and all state authority shall emanate from the the year of Kimi (A.}). 1919), now being engaged in the people. establishment of a new democratic Republic on the basis of ideals as manifested in the April 191.'1 Righteous Uprising and Article 2. The conditions necessary for being a Korean na the May 16th Revolution, determined; tional shall be determined by law. 3 April 1963 To consolidate national unity through justice, humanity and Article 3. The territory of the Republic of Korea shall consist fraternity, of the Korean Peninsula and its accessory islands. To eliminate outmoded social customs of all kinds, and, Article 4. The Republic of Korea shall endeavor to maintain To establish democratic institutions, international peace and renounce all aggressive wars. To afford equal opportunities to every person and, 26 April 1963 Article 5. (1) Treaties duly ratified and promulgated in To provide for the fullest development of the capacity of accordance with this Constitution and the generally recognized each individual in all fields of political, economic, social and rules of international law shall have the same effect as that of cultural life, the domestic law of the Republic of Korea. To help each person discharge his duties and responsibilities, 21 May 1963 (2) The status of aliens shall be guaranteed in accordance To promote the welfare of the people at home and to strive with international law and treaties. to maintain permanent international peace and thereby to ensure ltended by the the security, liberty and happiness of ourselves and our posterity Article 6. (1) All public officials shall be servants of the under review eternally, entire people and shall be responsible to the people. Do hereby amend, through national referendum, the Consti (2) The status and the .,':'.ical intpartiality of a public ssembly-Observer tution, ordained and established on the Twelfth Day of July official shall be guaranteed in accordance with the provisions in the year of Nineteen Hundred and Forty Eight A.D. of law. :ntiaries on Con- The Twenty Sixth Day of December in the year of Nineteen A rticle 7. (1) The establishment of political parties shall be Hundred and Sixty Two A.D. free and the plural party system shall be guaranteed. 29 - Ir • •• 'Q~ ear (2) Orl"lnization and activities of a political party shall be Article 17. All citizens shall enjoy freedom of conscience. partie~ democratic and political shall have necessary organiza Artic1e 18. (l) All citizens shall enjoy freedom of speech tional arrangements to enable the people to participate in the and press. and freedom of assembly and association. formation of political will. (2) Licensing or censorship in regard to speech and press or (3) Political parties shall enjoy the protection of the State. permit of assembly and association shall not be reco~ized. However. if the purposes or activities of a political party are However, censorship in regard to motion pictures and dramatic contrary to the basic democratic order, the Government shall plays may be authorized for the maintenance of public morality bring an action against it in the Supreme Court for its disso and social ethics. the lution and the political party shall be dissolved in accordance with the decision of the Supreme Court. (3) The standard for publication installations of a news :ch paper or press may be prescribed by law. ~sia (4) Regulation of the time and place of outdoor assembly CllAPTER II may be determined in accordance with the provisions of law. Rishts and Duties of the Citizens (5) The press or publication shall not impugn the personal Article 8. All citizens shall have the dignity and value as honour or rights of an individual, nor shall it infringe upon mi- human beings. and it shall be the duty of the State to guarantee public INrality and social ethics. fundamental rights of the people to the utmost. Article 19. (1) All citizens shall have freedom of science Article 9. (1) All citizens shall be equal before the law and and arts. there shall be no discrimination in political, economic, social, (2) The rights of authors, inventors and artists shall be or cultural life on account of sex, religion or social status. protected by law. (2) No privileged castes shall be recognized, nor be ever Article 20. (1) The right of property of all citizens shall be established in any form. guaranteed. Its contents and restrictions shall be determined mal (3) The awarding of decorations or marks of honour in bylaw. any form shall be effective only for recipients and no privileged (2) The exercise of property rights shall conform to public status shall be created thereby. welfare. Article 10. (1) All citizens shall enjoy personal liberty. No (3) In case of expropriation, use or restriction of private person shall be arrested, detained, searched, seized, interrogated property for public purposes, due compensation shall be paid or punished except as provided by law, and shall not be subject in accordance with the provisions of law. to involuntary labour except on account of a criminal sentence. Article 21. All citizens who have attained the age of twenty (2) No citizens shall be subject to tort 1re of any kinds, nor shall have the right to elect public officials in accordance with shall be compelled to testify against himself' in criminal cases. the provisions of law. (3) The warrant issued by a judge upon request from Article 22. All citizens shall have the right to hold public prosecutor must be presented in case of arrest, detention, search office in accordance with the provisions of law. 41 or seizure. However, in case the criminal is flagrante delicto Article 23. All citizens shall have the right to submit written or in case where there is danger that the criminal, who com petitions to any State authority in accordance with the pro mitted a crime subject to imprisonment for three years or more visions of law. The State authority shall be obliged to examine in long term, may escape or destroy evidence, the investigating such petitions. 59 authorities may request an ex post facto warrant. Article 24. (1) All citizens shall have the right to be tried (4) All persons who are arrested or detained shall have the in conformity with the law by competent judges as qualified right to a prompt assistance of counsel. When criminal defend by the Constitution and law. ant is unable to secure the same by his own efforts, the State (2) Citizens who are not on active service or employees of 73 shall assign a counsel to the use of the defendant as provided the military forces shall not be tried in the court martial by law. except in case of espionage on militar:' affairs and in case of (5) All persons who are arrested or detained shall have crimes in regard to sentinel, sentry-posts, provision of harmful the right to request the court for a review of the legality of food, and prisoners of war as defined by law, as well as ex the arrest or detention. When a person is deprived of personal cept when they are under an extraordinary state of siege in freedom by other private individual, he shall have the right the territory of the Republic of Korea. to request the court for a remedy. (3) All citizens shall have the right to a speedy trial. The 'atic (6) In case the confession of a defendant is considered criminal defendant shall have the right to a public trial with to have been made against his will by means of torture, acts out delay in the absence of justifiable reasons. side of violence, threat, unduly prolonged arrest, and deceit, etc., Article 25. In case the criminal defendant under detention the or in case the confession of a defendant is the only evidence is found innocent he shall be entitled to a claim against the against him, such confession shall not be admitted as evidence State for compensation in accordance with the provisions for his conviction nor shall he be punished on the basis of such of law. na- a confession. Article 26. In case a person h~s suffered damages by unlaw Article 11. (1) No person shall be prosecuted for a criminal ful acts of public officials done in the exe. cise of their official Isist offense unless such act constitutes a crime prescribed by law duties, he may request for redress from the State or public at the time it was committed, nor shall he be placed in double entity; however, the public officials concerned shall not be Itain jeopardy. exempt from liabilities. (2) No restrictions shall be imposed uopn the political rights Article 27. (1) All citizens shall have the right to receive of any citizen nor shall any person be deprived of the property an equal education correspondent to their abilities. I in right by means of retroactive legislation. ized (2) All citizens who have children under their protection ,t of Article 12. All citizens shall have freedom of residence and shall be responsible for their elementary education. of the change thereof. I· (3) Such compulsory education shall be free. '. Article 13. All citizens shall have freedom of choice of anee (4) Independence and political impartiality of education occupations. shall be guaranteed. Article 14. All citizens shall be free from violation of their the (5) Fundamental matters pertaining to the educational sys residence. In case of search or seizure in the residence, the tem and its operation shall be determined by law. warrant of a judge must be presented. Article 28. (1) All citizens shall have the right to work. Ilblic Article 15. The privacy of correspondence of all citizens The State shall endeavol' to promote the employment of workers lions shall be guaranteed. through social and economic means. Article 16. (1) All citizens shall enjoy freedom of religion. (2) All citizens shall have the duty to work. The contents 11 be (2) No State religion shall be recognized, and religion and and conditions of the duty to work shall be determined by state shall be separated. law in conformity with democratic principles. 30 I reedcm of conscience. (3) Standards of working conditions shall be determined leased during the session upon the request of the National Assembly except in case of flagrante delicto. !ioy freedom of speech by law. lssociation. (4) Special protection shaH be accorded to the working Art1'cle 42. Members of the National Assembly shall not I to speech and lIress or women and children. be held responsible outside the National Assembly for opinions hall not be reco~nized. Article 29. (1) Workers shaH have the right of independent expressed or votes cast within the Assembly. ,n pictures and dramatic association, collective bargaining and coHective action for the Article 43. (1) A regular session of the National Assembly nance of public morality purpose of improving their working conditions. shall be convened once every year in accordance with the (2) The right to association, coHective bargaining, and provisions of law. nstaIlations of a news- collective action shaH not be accorded to the workers who (2) In case of extraordinary necessity, the Speaker of the are public officials except for those authorized by the provisions Xational Assembly shall publicly notify the convocation of an ce of outdoor assembly of law. extraordinary session of the National Assembly upon the the provisions of law. Artic1£o 30. (1) All dtizens shaH be entitled to a decent request of the President or one-fourth or more of the members ot impugn the personal human life. duly elected and seated. . shaIl it infringe upon (2) The State shaH endeavor to promote social security. (3) The pcriod of regular session shall not exceed one (3) Citizens who are incapable of making a living shall be hundred and twenty days and the extraordinary session thirty IVe freedom of science protected by the State in accordance with the provisions of law. days. Article 31. AH citizens shall be protected by the State for Article 44. The National Assembly shall elect one Speaker :s and artists shall be the purity of marriage and health. and two Vice Speakers. Article 32. (1) Liberties and rights of the citizens shaH not Article 45. Unless otherwise provided for in the Constitu . of all citizens shall be be ignored for the reasons that they are not enumerated in tion or in laws, the attendance of more than one half of the ns shall be determined the Constitution. members duly elected and seated and the concurrence of more (2) All liberties and rights of citizens may be restricted than one half of the members present shaH be necessary for shall conform to public by law only in cases deemed neLe5Sary for the maintenance decisions of the National Assembly. In case of a tie vote, of order and public welfare. In case of such restriction, the the matter shall be considered to be rejected by the National r restriction of private essential substances of liberties and rights shaH not be infringed. Assembly. pensation shaH be paid Article 33. All citizens shall have the duty to pay taxes Article 46. The se~sion of the National Assembly shall be levied in accordance with the provisions of law. open to the public. However, it may not be open to the public lined the age of twenty Article 34. All citizens shall have the duty to defend the with the concurrence of more than one half of the members ials in accordance with national territory in accordance with the provisions of law. present. Article 47. Bills and other subjects submitted to the National le right to hold public CHAPTER III Assembly for deliberation shall not be abandoned for the [law. reason that they are not decided upon during the session. right to submit written Organs of Government However, it shall be otherwise in case the tenure of the :ordance with the pro SECTION 1. THE NATIONAL ASSEMBLY members of the National Assembly has expired. l be obliged to examine Article 35. The hogislative power shaH be exercised by the Article 48. Bills may be introduced by the members of the National Assembly or by the Executive. e the right to be tried National Assembly. ent judges as qualified Article 36. (1) The National Assembly shall be composed Article 49. (1) Each bill passed by the National Assembly of members elected by universal, equal, direct and secret elec shall be sent to the Executive and the President shall promul iervice or employees of tions of the citizens. gate it within fifteen days. in the court martial (2) The number of the members of the National Assembly (2) In case of objection to the bill, the President may, within affairs and in case of shaH be determineu by law within the range of no less than the period referred to in the preceding paragraph, return it to s, provision of harmful one hundred and fifty and no more than two hundred persons. the National Assembly with the written explanation of his 'ly law, as weH as ex (3) Any person desiring to become a candidate for the Na objection, and may request its reconsideration. The President inary state of siege in tiunal Assembly shall be recommended by the political party may do tlle same during the adjournment of the National :a. to whiCh he belongs. Assembly. to a speedy trial. The (4) Matters pertaining to the election of the members of the (3) The President may not request the National Assembly to a public trial with National Assembly shall be determined by law, to reconsider the bill in part or with proposed amendments. rea&ons. Article 37. The terms of office of the members of the Na (4) In case there is a request for reconsideration of a bill, mdant under detention tional Assembly shaH be four years. the National Assembly shall reconsider it and if the National to a claim against the Assembly re-passes the bill in the original form with the Article 38. A person shaH lose his membership in the Na l with the provisions attendance of more than one half of the members duly elected tional Assembly during his tenure when he leaves or changes and seated, and with concurrence of two-thirds or more of the his party, or when his party is dissolved. However, the pro members present, the bill shall t~come a law. red damages by unlaw visions of this article shaH not apply in cases of changes in xe. cise of their official party membership caused by amalgamation of parties or in (5) If the President does not promulgate the bill or does m the State or public case he has been expelled from his party. not request the National Assembly to reconsider it within the oncerned shaH not be Article 39. No member of the National Assembly shall period referred to in the first paragraph, the bill shall become a law. concurrently hold the position of the Presidency, the Prime e the right to receive Minister, a member of the State Council, a member of the (6) The President shall without delay promulgate the law abilities. local council, or any other public or private positions as as determined in accordance with the foregoing paragraph (4) under their protection determined by law. and paragraph (5). If the President does not promulgate a law within five days after it has been determined under the fore , education. Article 40. All members of the National Assembly shall be be free. going paragraphs, or after it has been returned to the Executive prohibited from seeking, through abuse of their position, any under paragraph (4), the Speaker shall promulgate it. .artiality of education rights or interests in property or position, or from facilitating the securing of the same in behalf of others, by means of con (7) A law shall become effective twenty days after the to the educational sys tract with, or disposition of, :a State or public agency or any date of promulgation unless otherwise stipulated. by law. enterprise determined by law. Article 50. (1) The National Assembly shall deliberate and ~e the right to work. Article 41. (1) During the sessions of the National As decide upon the national budgets. employment of workers sembly, no member of the National Assembly shall be arrested (2) The Executive shall formulate the budget for each or detained without the consent of the National Assembly fiscal year and submit it to the National Assembly within one to work. The contents except in case of flagrante delicto. hundred twenty days before the beginning of a fiscal year. hall be determined by (2) In case of apprehens,ion and detention of a member The National Assembly shall decide upon the budget within nciples. prior to the opening of the session, such member shall be re- thirty days before the beginning of the fiscal year. 31 I (3) If tht' hudget is not adoptt'd within the period referred (2) The National Assembly shall review the qualification to in the foregoing paragraph, the Executive may, within the of its members and take disciplinary actions against its limit of reVt'nue and in conformity with the budget for the members. previous fiscal year, disburse the following expenditures until (3) The concurrence of a two-thirds or more of the mem the adoption of the budget by the National Asscmbly: bers of the National Assembly duly electt'd and seated shall tI 1. The emoluments oi public officials and basic expenditures be requirt'd for the expulsion of any mt'mber. 01 a1 for the conduct of administration. (4) No action shall be brought to court with regard to the :11 2, 1Iaintcnance costs for agencics and institutions estab disposition under paragraph {2) and paragraph (3L lished hy the l'onstitution or law and the obligatory expendi. I,'I ~1inister, h tures provided by law. Ar/iell' 61. (l) In case the President, the Prime te State Council Memhers, Ministers of the Executive Branch, dl 11 3, Expcnditures for continuous projects already provided Judges. lIembers of the Central Election Committee, Mem in th~' budget. Vl hers of the Board of Inspection and other public officials 01 i Article 51. (1) In case it shall be necessary to make con designated by law have violated this Constitution or other cc ! tinuous dishursements for a period of more than one fiscal laws in the exercise of their duties, the National Assembly w year, the ExecutiYC shall determine thc length of the period shall have power to pass motions for their impeachment. hi fo. such continuous disbursemcnt. The continuous disburse {2) The motion for impeachment, pursuant to the preceding t ments shall be appro\'ed by the National Assembly, paragraph, shall be proposed by thirty members or more of o (2) The establishment of a reserve fund for unforeseen ex the National Assemblv. The vote of more than one half of the penditures not prodded in the budget or for any disbursement members of the Xational Assembly duly elected and seatt'd te in excess of the budget shall be approved by the National shall be necessary to institute impeachment. e Assembly in advance. The disbursement of the reserve fund (3) .-\ny person against whom impeachment has been in shall be approved by the subsequent session of the National stituted shall be suspended from exercising his power until el Assembly. the impeachment has been tried. Article 52. '\"hen it is necessary to amend the budgct because of circumstances arising after the adoption of the Article 62. (1) An Impeachment Council shall be estab bud~et, the Executivc may formulate a supplementary revised lished to try impeachment. budget and submit it to the National Assembly. {2) The Impeachment Council shall be composed of the Chief Article 53. The National Asscmbly shall, without the con Justice of the Supreme Court who shall serve as Chairman, sent of the R"ecutive, neither increase the sum of any item three justices of the Supreme Court, and five members of the of expenditure nor create new items of expenditure in the National Assembly. However, in case of trial for impeach budget submitted by the Executive. ment of the Chief Justice, the Speaker of the National Assem bly shall become the Chairman of the Council. o Article 54. When the Executive plans to issue national Im~ r bonds or to conclude contracts which may create financial ob (3) The concurrence of six or more members of the ligation for the State outside the budget, it shall have the peachment Council shall be required for the decision on prior decision of the National Assembly, impeachment. b Article SS. The items and rates of all taxes shall be de (4) The decision on impeachment shall not cause other termined by law. than dismissal from public position. However, it shall not St eXempt the impeached person from civil or criminal liability. pI Article 56. (1) The National Assembly shall have the right (5) Matters pertaining to the impeachment trial shall be of concurrence to the ratification of treaties pertaining to te mutual assistance or mutual security, treaties concerning inter determined by law. national organizations, treaties of commerce, fishery, peace, 01 treaties which shall cause a financial obligation for the State SECTION n. THE EXECUTIVE or nationals, treaties concerning the status of alien forces in al the territory, or treaties related to legislative matters. 1. The President a (2) The National Assembly shall also have the right of Article 63. (1) The Executive power shall be vested in an concurrence to the declaration of war, to the dispatch of the Executive headed by a President. a armed forces to foreign states or to the stationing of alien al (2) The President shall represent the State vis-a-vis foreign forces in the territory of the Republic of Korea. states. Article 57. The National Assembly may inspect the admin m istration of the State, demand the production of necessary Article 64. (1) The President shall be elected by a uni pI documents, the appearance of a witness in person, and the versal, equal, direct and secret ballot of the people. However, furnishing of testimony or opinions. However, the National in case of vacancy in the office of the President with remain Assembly shall not interfere with judicial trial, criminal in ing terms of two years or less, the President shall be elected by the National Assembly. vestigation in process or prosecution. si Article 58. The Prime l\1inister, the State Council Members (2) Citizens who are qualificd to be elected to the National ca and Representatives of the Executive may attend meetings Assembly and who, on the date of the Presidential election, it of the National Assembly or its committees to report on the shall have resided continuously within the country for five oJ state of administration or to state opinions and answer ques years or more and have attained the age of forty years or ta tions and, upon request from the National Assembly, its com more, shall be eligible to be elected to the Presidency. In this ti, mittees, or from more than thirty members of the National case, the period during which a person is dispatched overseas vi Assembly, they shall appear in any meeting of the National on official duty shall be considered as a period of domestic 01 Assembly and answer questions. residence. se Article 59. (1) The National Assembly may advise to the (3) Any person desiring to become a Presidential candidate President the removal of the Prime Minister or any State shall be recommended by the political party to which he h Council Member. belongs. (2) The advise of the preceding paragraph shall have the (4) Matters pertaining to the Presidential election shall be concurrence of more than one half of the members of the determined by law. • National Assembly duly elected and seated. Article 65. (1) When more than one Presidential candidate (3) When the advises referred to in paragraph (1) and have received the highest number of votes in the popular paragraph (2) are submitted, the President shall agree thereto Presidential election, they shall be voted by the National unless there is a special reason to be otherwise. Assembly in open session attended by more than one half Article 60. (1) The National Assembly may establish rules of the members of the National Assembly duly elected and concerning its agenda and international regulations, provided seated, and the person receiving a plurality shall be elected they are not contrary to law. the President. 32 j Pre~idential qualification (2) \\'hrn there shall be only one candhlatl" (5) The President shall announce to the public without delay s against its he shall not be dected unless he has received a one-thinl or the circumstancl's and reasons III cllllnection with paragraph mort' votes of total numbl'r of ele(~tors . (1) .l1ld paragraph (2). of the mem .·/rtid,· 66, (1) In case of the elt-ction of the President by .,Irtid.· ,~-I. The President may issue Presidt,'ntial Ordinances i seated shall the ~ation:ll :\ssl'mbl~', the person who n'ceive~ a two-third.; l'oul'l'rIling matters that are wilhin the scope specitically or more votes of the lllen:hers of the Xatiollal Assembly celegatl'll by law ami that arc rCl(uin'u for the eniorCl'ment attendl'd bv two-thirds or more of its members dul~' elected of law. regard to the ~hall (3). and seated' be elected the President. Artid,' i5, (1) The Pn'sident shall. in time of war, a1'me,l (2) If no person shall receive the number of votes referred cvntlict. or similar national emergency when there is a military Ime ),finister. to in the preceding para~raph. a second voting shall be con necessity or whl'n it is necessary to 'maintain the public safety nth'c Branch, ducted and if no person shall receive the same number of and order by mohilization oi the military for CL'S. proclaim a mittee. Mem votes referred to in the preceding paragraph. and there was state of siege in al'cordance with the provisions of law, ublic officials only one person with the highest votes. a final voting shall be ion or other (2) The state of siege shall consist of an extraordinary conducted between the person with the highest votes and onc ~tatc and a precatltionary state. nal AS5(lmbly with next highest votes, or between the pcrsons with the lchment. (3) Under the proclaimed state of siege. special measures highest votes in case there were more than one person with provision~ the preceding the highest votes, and the person who shall receive a majority may be taken. in accordance with of law. with ; or more of of votes in such election shall be elected the President. I egard to the warrant system, freedom of speech, press. as sembly and association. or "'ith regard to the rights and the le half of the ~eventy Artide 6i. (1) The President shall be elected within powers of the ExecutiYt.' or the Judiciary. :i and seated to forty days before the term of the incumhent President expires. (4) The President shall tmmediatl'ly notify the Xational Assembly of the proclamation of a state of siege. has been in (2) In case of vacancy in the office of the President, an reque~ts, power until election shall be held immediately. The same shall apply (5) \\'hen the Kational Assembly so the Pres;dent in case the President-elect dies, or loses his qualification as shall lift the proclaimed state of siege. III be estab- President due to decisions of the court or other reasons, Article 76. The President shall appoint pnblic officials in Article 68. (1) Before the President assumes his office he accordance with the provisions of the Constitution and law. 1of the Olief shall take the following oath: "I do solemnly swear before .-lrticl,' ii. (l) The President may grant amnesty, commu as Chairman, the people that I shall observe the Constitution, defend the tation and rehabilitation in accordance with the provisions of mbers of the State, promote freedom and welfare of the people and shall law. for impeach faithfully execute the duties of the office of the President." (2) In granting general amnesty. the President shall receive :ional Assem- (2) The members of the Xational Assembly and justices the consent of the Xational Assembly. of the Supreme Court ~hall witness the Presidential oath (3) 1fatters pertaining to amnesty, commutation and rehabili i of the Im~ referred to in the preceding paragraph. tation, shall be determined by law. decision on AI·ticle 69. (1) The term of the office of the President shall Article i8. The President shall award decorations awl other be four years. honours in accordance with the provisions of law. cause other (2) In case of vacancy in the office of the President, the Article 79. The President may attend and address the Xa it shall not successor shall hold office during the remaining term of his tional Assembly or express thereto his view by written dnal liability. predecessor. message. rial shall be (3) The President may be re-elected only for one more Article 80. The acts of the President in accordance with term. law shall be executed by written documents, and all such AI·tiele 70. In case of vacancy in the office of the President documents shall be counter-signed by the Prime Minister and or of his inability to perform his duties, the Prime Minister by the members of the State Council concerned. The same and the members of the State Council in consecutive orders ~hall apply to the military affairs. as determined by law shall act as the President. Article 81. The President shall not hold concurrently the vested in an Article 71. The President shall conclude and ratify treaties, offices of the Prime Minister, the State Council, the head of accredit. receive or dispatch diplomatic envoys, declare war any Executive :\Iinistry, or other official and private positions and conclude peace. as determined by law nor engage in private business. a-vis foreign Article 72. (1) The President shall exercise supreme com Article 82. The President shall not be charged with criminal mand of the National Armed Forces in accordance with the offense during his tenure of office except for insurrection or I by a uni provisions of the Constitution and law. treason. le. However, (2) The organiation and formation of the National Armed with remain Forces shall be determined by law. 2. The State COIllu:il III be elected Article 73. (1) When in time of civil war, in a dangerous Article 83. (1) The State Council shall deliberate on im situation arising from foreign relations, in case of natural portant policies that fall within the powers of the Executive. the National calamity or on account of a grave economic or financial crisis, (2) The State Council shall be composed of the President. tial election, it is necessary to take urgent measures for the maintenance the Prime Minister, and the members of the State Council try for five of public safety and order, the President shall have power to whose number shall be no more than twenty and no less ty years or take the minimum neces~ary financial and economic disposi than ten. mcy. In this tions and to issue ordinances having the effect of law, pro Article 84. (1) The Prime Minister shall be appointed by led overseas vided, however, that the President shall exercise such power of domestic the President, and members of the State Council shall be only when it is not possible to convene the National As appointed by the President upon the proposal of the Prime sembly in time. Minister. ,301 candidate (2) The President shall have power to issue ordinances ) which he (2) No military personnel shall be appointed as the Prime having the effect of law only when it is necessary for the Minister or a member of the State Council unless he has national security under the state of armed hostilities, and when retired from active service. iOIl shall be it is not possible to convene the National Assembly in time. (3) The Prime Minister may ,ecommend to the President (3) The ordinances or dispositions set forth in paragraph the removal of a member of the State Council from office. 301 candidate (1) and paragraph (2) shall be reported without delay to the National Assembly for approval. Article 85. (1) The President shall be the Chairman of the the popular State Council. le National (4) If the approval referred to in the preceding paragraph (2) The Prime Minister shall asdst the President and shall 1Il one half is not obtained, such ordinances or dispositions shall lese elected and their effect thereafter. However, any law, revised or repealed be the Vice-Chairman of the State Council. [ be elected by such ordinances, shall be duly reinstated from the time Article 86. The following matters shall be referred to the they were disapproved by the National Assembly. State Council for deliberation: 33 lII....lP...... __I'l. ,_._...... --..·Ilt~,.t·"7 ~..,.tw...._ ...... l;"...__.., ••__""·I~~~·~lI\iliI1:~.f~Ib~ (1) Basic plans on State affairs, and general policies of the term of the tenure of the Chairman shall be four years, and 1)' Executive: he may be reappointed only for one more consecutive term. lh (2) Declaration of war, conclusion of peace and other (3) In case of vacancy in the office of the Chairman, the important matters pertaining to foreign policy; tenure of a successor shall be the remaining period of the cs (3) Proposed treaties. legislative bills, proposed ordinances predecessor. Iy (4) The members of the Board shall be appointed by the lit of the President; (4) Proposed budgets, closing accounts. basic plan on President upon the proposal of the Chairman for a period of four years, and may be reappointed consecutively as deter ~r1 disposal of the State properties. conclusion of a con tract creating financial obligation for the State, and mined by law. ry Article 94. The Board of Inspection shall inspect the closing Iy other important financial matters; (5) Proclamation and termination of a state of siege; accounts of the revenues and expenditures every year, and a report the results to the President and the National Assembly (6) Important military affairs: in the following year. ry (7) Matters pertaining to the request for convening the Artl'cle 95. The organization of the Board, the scope of extraordinary sessions of the National Assembly: functions, the qualifications of the members of the Board, the es (8) JIwarding of honour; range of the public officials subject to inspection, and other Ih (9) Granting of amnesty, commutation and rehabilitation; necessary matters shall be determined by law. s (10) :Matters regarding the determination of jurisdiction le between executive Ministries; SECTION Ill. THE COURTS (11) Basic plans concerning delegation or allocation of al Article 96. (1) The judicial power shall be vested in courts powers within the Executive: composed of judges. (12) Evaluation and analysis of the administration of the nt (2) The courts shall be composed of the Supreme Court, State affairs; which is the highest Court of the State, and other courts at (13) Formulation and coordination of important policies of specific levels. " in each executive Ministry; (3) The qualifications for judges shall be determined by "'. (14) Impeachment for the dissolution of a political party; law. u Df (15) Examination of petitions pertaining to executive policies Article 97. (1) Departments may be established within the submitted or referred to the Executive; Supreme Court. ve (16) Appointment of the Prosecutor General, the Presidents (2) The number of justices for the Supreme Court shall of the National Universities, Ambassadors, the Chiefs be less than sixteen. of Staff of each armed service, Marine Corps Com li- (3) The organization of the Supreme Court and lower mandant, diplomatic ministers, other public officials courts shall be determined by law. designated by law, and the managers of important er Article 98. The judges shall judge independently according state-operated enterprises: to their consciences and in conformity with the Constitution (17) Other matters presented by the President, the Prime and law. a- Minister or a State Council member. Article 99. (1) The Chief Justice of the Supreme Court Article 87. (1) The National Security Council shall be shall be appointed by the President with the consent of the established to advise the President on the formulation of National Assembly upon the proposal of the Judge Recom th foreign, military and domestic policies related to the national mendation Council. Upon a proposal of the Council, the Presi :h security prior to their d~ liberation by the State Council. dent shall request the National Assembly for its consent and ld (2) The meeting of the National Security Council shall shall appoint the Chief Justice after the consent of the National .le be presided over by the President. Assembly has been obtained. (3) The Organization, the scope of functions, and other (2) Justices of the Supreme Court shall be 'lppointed by lie matters pertaining to the National Security Council shall be the President upon the proposal of the Chief Justice after he of determined by law. has secured the consent of the Judge Recommendation Council. ns If such a proposal is submitted, the President shall appoint 3. The ExeClltive Ministries the proposed person. al (3) Judges other than the Chief Justice and Justices of Dr Article 88. Heads of Executive :Ministries shall be appointed the Supreme Court shall be appointed by the Chief Justice by the President from among the State Council members through the deci3ion of the Council of the Supreme Court upon the proposal of thf' Prime Minister. Justices. Article 89. The Prime Minister shall supervise, under order (4) The Judge Recommendation Council shall be composed 11- of the President, the Executive Ministries in their admin of four judges, two lawyers, one professor of law nominated 'e. istration. by the President, the Minister of Justice and the Prosece.tor General. It. Article 90. The Prime Minister or the head of each Execu :il tive Ministry may, under the delegation of powers by law or (5) Matters pertaining to the Judge Recommendation Coun :ss Presidential Ordinances, or ex officio, issue ordinances of the cil shall be determined by law. Prime Minister or the Ministry concerning matters that are Article 100. (1) The tenure of the Chief Justice shall be ay within their jurisdiction. six years and he shall not serve a consecutive term. be Article 91. The establishment, organization, and the scope (2) The tenure of the judges shall be ten years and they ne of functions of each Ministry shall be determined by law. may be reappointed in accordance with the provisions of law. (3) The judges shall retire from office at the age of sixty five. ne 4. The Board of Inspection Article 101. (1) No Judge shall be dismissed from office as except by impeachment or criminal punishment, nor shall he be Article 92. The Board of Inspection shall be established suspended from office or his salary reduced, or suffer from under the President to inspect the closing accounts of revenues ut other unfavourable measures·, except through disciplinary and expenditures, the accounts of the State and other organi measures. zations as determined by law, and to inspect the administra he tive functions of the executive agencies and public officials. (2) In the event a judge is unable to discharge his duty because of mental or physical deficiencies, he may be removed Article 93. (1) The Board shall be composed of no less than from office in accordance with the provisions of law. all five and no more than eleven members including its Chairman. Article 102. (1) The Supreme Court shall have the power (2) The Chairman of the Board shall be appointed by the to make final review of the constitutionality of a law, when he President with the approval of the National Assembly. The its constitutionality is prerequisite to a trial. 34 ~~·~~~~~••_"_0I!"1llI_1Il1l'J1Il__1I\II.""''''''-'''''..·· ~~'''_''·'''''''~.''''lii601li''''fli'''''''''OllIqrlll..,..qlll••=,",ml>l·wr_dP'llIIlIOilillfi1d1_''. be four years, and :e consecutive term. (2) The Supreme Court shall have the power to make final CHAPTER IV review of the constitutionality or legality of administrative , the Chairman, the The Economy ining period of the orders, regulations or dispositions, when their constitutionality or legality is prerequisite to trial. Article 111. (1) The economic order of the Republic of le appointed by the Article 103. Any decision to dissolve a political party shall Korea shall be based on the principle of respect for freedom and creative ideas of the individual in economic affairs. lan for a period of have the concurrence of a three-fifths or more of the duly ;ecutively as deter- authorized number of justices of the Supreme Court. (2) The State shall regulate and coordinate economic affairs Article 104. The Stipreme Court may establish, within the within the limit necessary for the realization of social justice 1 inspect the closing scope not inconsistent with law, procedures pertaining to and for the development of a balanced national economy to es every year, and judicial proceedings, internal rules and regulations on routine fulfill the basic living requirements of all citizens. National Assembly administrative matters of the courts. Article 112. License to exploit, develop or utilize mines, Article 105. Trials and decisions of the cOUrts shall be and all other important underground resources, marine re oard, the scope of open to the public; however, trials may be closed to the public sources, water power, natural powers available for economic s of the Board, the by a court decision when there is a possibility that such trials use may be granted for limited periods in accordance with the lspection, and other may disturb the public safety and order or be harmful to provisions of law. .aw. decent customs. Article 113. Agricultural tenancy shall be prohibited in ac Article 106. (1) Court martials may be established as spe cordance with the provisions of law. :s cial courts to exercise jurisdiction over military trials. Article 114. The St",te may impose restrictions or obliga be vested in courts (2) The Supreme Court shall have the final appellate juris tions necessary for the efficient utilization of the farm and diction over the court martials. forest land in accordance with the provisions of law. he Supreme Court, (3) The military trials under an extraordinary state of Article 115. The State shall encourage the development of md other courts at siege may be limited to the original jurisdiction only in cases cooperatives founded on the self-help spirit of the farmers, " of crimes of soldiers and civilian employees of the armed forces, fishermen, and the small and medium businessmen, and shall be determined by in cases of espionage on military affairs, and crimes as defined guarantee their political impartiality. by law in regard to sentinels, sentry-posts, provision of harmful Article 116. The State shall encourage the foreign trade, lblished within the food, and prisoners of war. and shall regulate and coordinate it. Article 117. Private enterprises shall not be transferred to Ipreme Court shall SECTION IV. ELECTION MANAGEMENT the State or public ownership nor shall their management be Article 107. (1) Election Committees shall be established controlled or administered by the State except in cases deter Court and lower for the purpose of fair management of elections. mined by law to meet urgent necessities of national defense or national economy. (2) The Central Election Committee shall be composed of lendently according two members appointed by the President, two members elected Article 118 (1) An Economic and Scientific Council shall th the Constitution by the National Assembly, and five members elected by the be established to advise the President on the formulation of Council of Supreme Court Justices. The Chairman of the Com important policies concerning the development of national he Supreme Court mittee shall be elected from among its members. economy and the promotion of sciences for the purpose of the consent of the such development prior to their deliberation by the State (3) The terms of office of the Committee member, shall be Council. the Juclge Recom five years and it may be renewed by consec!!tive reappointment. Council, the Presi (2) The President shal preside over the Economic and :or its consent and (4) The members of the Committee shall not j Gin political Scientific Council. ent of the National parties nor shall they participate in political activities. (3) The organization, the scope of functions, and other (5) No member shall be dismissed except through iml)each necessary matters of the Economic and Scientific Council shall J be 'lppointed by ment or criminal punishment. be determined by law. ef Justice after he (6) The Central Election Committee may, within the limit ltTIendation Council. of law and ordinance, establish regulations pertaining to the CHAPTER V ident shall appoint management of elections. (7) The organization, the scope of functions and other nec Amendments to the Constitution e and Justices of essary matters of the Election Committees of each level shall 119. (1) A motion to amend the Constitution shall the Chief Justice Article le Supreme Court be determined by law. be introduced 'either by a one-third or more of thp. members Article 108. (1) Election campaigns shall be conducted under of the National Assembly duly elected and seated, or by the concurrence of five hundred thousands or more of the voters shall be composed the management of the Election Committees of each level within the limit determined by law. Equal opportunity shall be eligible for the election of the members of the National of law nominated Assembly. nd the Prosecutor guaranteed. (2) The expenditures incident to the elections shall not be (2) Proposed amendments to the Constitution shall be an nounced by the President to the public for more than thirty mmendation Coun- borne by political parties or candidates except where otherwise provided for in the law. days. f Justice shall be Article 120. (1) The National Assembly shall decide upon ive term. SECTION V. LoCAL SELF-GOVERNMENT 1lroposed amendments to the Constitution within sixty days of its public announcement. en years and they Article 109. (1) The local self-government bodies shall deal (2) The decision on a proposed amendment to the Con provisions of law. with matters pertaining to the welfare of local residents, le age of sixty five. stitution shall require the concurrence of a two-thirds or more manage properties, and may establish, within the limit of of the members of the National Assembly duly elected and lissed from office laws and ordinances, rules and regulations regarding local seated. nt, nor shall he be self-government. Article 121. (1) After an amendment to the Constitution cl, or suffer from (2) The kinds of local self-government bodies shall be 'ough disciplinary has been adopted, it shall be submitted to a national referendum determined by law. within sixty days and shall receive the affirmative votes of lischarge his duty Article 110. (1) The Local self-government body shall have more than one half of votes cast by more than one half of all e may be removed a council. voters eligible to vote for the election of the members of the of law. (2) The organization, powers and the election of the mem National Assembly. 1 have the power bers of the local councils, the methods of the election for the (2) When the proposed amendment to the Constitution has y of a law, when "eads of local self-government bodies, and other matters per received the affirmative votes referred to in the preceding para .hL6' to the organization and operation of such bodies shall graph, the Constitution shall be thus amended, and the President be dete:;nined by law. shall promulgate the amendment immediately. 35 .....___ ..,~_;nt W 4. &- ,_" ..... SUPPLEMENTARY RULES of the peoples political views and to guarantee democratic organization and activities of political parties, 30 that they Article 1. (1) This Constitution shall come into force on may contribute to the sound development of a democratic form the date of the first convocation of the National Assembly of government. f which is con,;tituted pursuant to this Constitution. Howe\'er, 11 the enactment of the necessary legislation for the enforcement Article 2. (Definition) of this Constitution. the elections of the President and the A political party mentioned in this Law shall mean a vol s members of the National Assembly p'lrsuant to this Constitution untary organization of the people which participates in the e and other preparations may be carrit·ci Ctlt prior to the enforce formulation of political views of the people by promoting a ) ment of this Constitution. responsihle political assertion or policy and hy nominating (2) The Law Regarding the Extraordinary :Measures for or supporting a candidate in an election for public ollice, for National Reconstruction shall lose its effect upon the coming lhe benefit of the people, into force of this Constitution. Article 3. (Composition) c Artidr 2. The first general election for the President and Paragraph 1. :\ political party shall be compost'd of a e the members of the National Assembly and the first convocation central party located in the capital city and local party chapters of the Xational Assembly pursuant to this Constitution shall organized on the basis of regional electoral district for the take place within one year from the date of the promulgation election of members of the Nation Assembly. of this Con,;titution. The term of the President and the members Paragraph 2. Party branches may be established only in of the National Assembly, thus ejected, shall begin from the ~onvocation Seoul Special City, Provinces, Pusan city, citie,;, wards of date of the first of the Xational Assembly and a city and counties. end on June 3D, 1967. AI·tide 3. The laws, orders and treaties pursuant to the Article 4. (Formation) Law Regarding the Extraordinary :Measures for National Re Paragraph 1. A political party comes into existence upon construction shall rem;,.in in force to the extent not incom registration with the Central Election :Management Committee patible with this Constitution. by its central party. Article 4. (1) The Special Law Regarding the Punishment Paragraph 2. Prior to the registration mentioned in the of Special Crimes, the Law for the Punishment of Those In foregoing paragraph, the requirements prescribed in Articles volved in Fraudulent Elections, the Law Regarding the 25 through 27 must be fulfilled. Purification of Political Activities, and the Law Regarding Article S. (Promoters) the Disposition of Illicit Profiteering, and other laws related There must be 30 or more promoters for the preparation thereto shall remain in force, and no obj ection thereto shall for inauguration of a political party. be raised. (2) The Law Regarding the Purification of Political Ac Article 6. (Qualification for promoters) tivities, the Law Regarding the Disposition of Illicit Pro Any person who is eligible to vote for the election of mem fiteering and other laws related thereto shall not be amended bers of the National Assembly may become a promoter. or abolished. However, this shall not apply to the public officials, Article 5. 'rhe trials, the budget or disposition pursuant to officers of State-operated enterl'rises and enterprises the maj ority the Law Regarding the Extraordinary Measures for National of shares of which are owned by the Government, as designated Reconstruction, or pursuant to the orders and decrees on the by a Cabinet Decree, and those persons whose political activities basis of the Law, shall remain in force and shall not be brought are prohibited by any other law and/or decree. to court action on account of this Constitution. Article 7. (Party inauguration preparatory committee) Article 6. The public officials and the staffs of enterprises Activities for inauguration of a political party shall be con appointed hy the government at the time of coming into force ducted by a party inauguration preparatory com-nittee which of this Constitution shall be considered to have been appointed is composed of promoters. pursuant to this Constitution. However, the public officials, for whom the method of selection has been changed by this Con Article 8. (Notice) stitution, shall perform their functions until the successors· are In case a party inauguration preparatory committee is or selected in accordance with this Constitution. ganized, the representative thereof shall notify the Central Election Management Committee of the following: Article 7. (1) The organs which are, at the time of the coming into force of this Constitution, performing the func 1. The objectives of the promotion. tions belonging to the jurisdiction uf the organs to be newly 2. The name or temporary name of the political party. established pursuant to this· Constitution, shall continue to 3. The full name and address of each of the promoters and perform their functions untii the new organs are established the representative. under this Constitution. 4. The full name and addres.s of the person in charge of (2) The organs to be newly established pursuant to the accounts. Constitution shall be organized within one year after the coming 5.' Any other matter as determined by a Cabinet Decree. into force of this ConsHtution. Paragraph 2. The party inauguration preparatory committee (3) The time of the establishment of the fir~t local councils may begin its acth;ties after giving the notice mentioned in pursuant to this Constitution shall be determined by law. the foregoing paragraph. Article 8. The number of the members of the National Assembly after the recovery of the national territory shall be Article 9. (Scope of activities of the party inauguration separately determined by law. preparatory committee) The party inauguration preparatory committee may conduct Article 9. The orders of the President, the orders of the State Council, and the Cabinet ordinances existing at the time activities only within the scope of the objectives of the inauguration of the political party. of the coming into force of this Constitution shall be con sidered to be the presidential ordinances issued pursuant to Article 10. (Inauguration of local Chapter) this Constitution. Paragraph 1. There must be 10 or more promoters for the preparation of inauguration of a local chapter. B. POLITICAL PARTY LAW Paragraph 2. The approval of the central party or the party Unofficial translation of Law No. 1246 inauguration preparatory committee shall be obtained to (promulgated on 31 December 1962) inaugurate a local chapter. Paragraph 3. In case the party inauguration preparatory ArtHe 1. (Purpose) committee of a local chapter is organized, the representative Th~ purpose of this Law is to ensure the necessary organiza thereof shall notify the pertinent election management com tion 0: political parties which participate in the formulation mittee as prescribed in Article 8, Paragraph 1. 36 I ------_...... __-l'""'..- ...m--~....-.."""-''''-..,.,''''.-..-'·'~__'.Ill!·OiI••lII.illlllllllll_=__.._IIIol&_il__IIi. !Il ..__....I..._Ill__....,,_ Paragraph 4. The provisions of Articles 6, 7 and 9 shall apply lrantee democratic If the application is incomplete, the committee shall order nllltatis IIllltandis ties, ,,0 that they to the inauguration of a local chapter. its completion within a reasonable time and if the applicant a democratic form does not comply with such order after such order has been Article 11. (Application for registration) issued at least twice, such application may be rejected. Where the preparation for party inauguration is completed, the representative of the party inauguration preparatory com Article 17. (Qualification for party member) shall mean a yol mittee of the central party shall file an application for regis Any person who is eligible to vote for the election of mem participates in the tration with the Central Election 11anagement Committee bers of National Assemhly may become a party member. .c by promoting a and the representative of the party iliauguration preparatory However, this shall not apply to the public offi"ials, officers nd by nominating committee of the local chapter shall file an application for of State-ope"ated enterprises and enterprise the majority of r public otlice. for registration with the election management committee concerned. shares of wh;ch are owned by the Government, as designated Article 12. (Particulars to be entered in the application for by a Cabinet Decree, and those persons whose political registration-in case of the central party) activities are prohibited hy any other law and/or decree. e compostd of a Paragraph 1. The particulars to be entered in the application Article 18. (ditto-in case of alien) ocal party chapters for registration of the centrai party are as follows·: No person other than nationals of the Republic of Korea al district for the 1. Name of the political party. may be a member of a political party. 2. Location and name of the local chapters and party branch Article 19. (Prohibition of forcible affiliation, etc.) :stablished only in offices. , citie&, wards of Paragraph 1. No person shall be forced to affiliate with or 3. Location of the offices. to resign from (excluding expulsion) a political party without 4. Party platfol.ll (or basic policy) and party charter. hh' consent freely given. 5. Addresses and full names of the represcnt~tive, executive Paragraph 2. No person shall be a member of two or more lto existence upon members and the person in charge of accounts. political parties concurrently. .gement Committee 6. Number of the party members. Paragraph 3. No person whose name is not entered on 7. Addresses and full names of the representatives of the the roster of party members shal lbe admitted as a party mentioned in the member. icribed in Articles local chapters and party branches and addresses and full names of the persons in charge of accounts of the local Article 20. (Applir.ation for party membership) chapters. Paragraph 1. Any person who desires to become a member Paragraph 2. To the application for registration under the of a polltical party shall submit an application for membership, Jr the preparation foregoing paragraph, the consent of the representatiYe, execu with his own thumb prints affixed thereon, to the local chapter tive members and the person in charge of accounts· who are or its party inauguration preparatory committee. assuming office and copies of the registrations of the local Paragraph 2. Among the applications for membership men chapters which must be equal to or exceed the num:Jer of e election of mem tioned in the foregoing paragraph, signatures of party members local chapters determined by the law, scattered in five cities shall be affixed on the applications for membership must be a promoter. and/or proyinces among Seoul Special City, Provinces and e public officials, equal to or exceed the number of party members determined Pusan city, shall be attached. by the law. 'prises the maj ority ment, as designated Article 13. (ditto-in case of the local chapter) Article 21. (Residence is required) e political activities Paragraph 1. The particulars to be entered in the applica- Those party members corresponding to the number of part:; tion for registration of the local ch2.pter are as follows: members determined by law must reside in the area of thl' committee) 1. Name of the political party. local chapter concerned. A certificate of residence of a party Jarty shall be con 2. Location of the offices. member shall be attached to his application for membership. 3. Addresses and full names of the representative, executive o com-nittee which Article 22. (Roster of party members) members and the person in charge of accounts. Paragraph 1. A roster of party members shall be maintained 4. Number of the party members. by the local chapter. committee is or Paragraph 2. To the application for registration under the Paragraph 2. The roster which must be maintained pursuar,t IOtify the Central foregoing paragraph, the consent of the representative, executive to the foregoing parag:.)h shall not be forcibly inspected >wing: members and the person in charge of accounts who are assum (by any person), except upon court order where the election ing office and copies of the approval of party inauguration management committee concerned must confirm certain matters given by the Central Party or the party inauguration prepara concerning party members. tical party. tory committee and the applications, for party membership Paragraph 3. If it is necessary to examine the rC6ter of the promoters and which must be equal to or exceed the number of the party mem bers determined by the law, shall be attached. party members for the purpose of criminal investigatioll, the public official concerned shall obtain a search warrant i"sued rson in charge of Article 14. (Change in registration) by a judge. The public official concerned may not divulge the If there is any change in the particulars to be entered in the facts which he learned in the course of performing his duties linet Decree. application for registration under the foregoing two Articles, to unauthorized persons. an application for change in the registration shall be filed laratory committee Article 23. (Resignation from a political party) otice mentioned in within two weeks. However, this shall not apply in case of the change of the number of the party members. Paragraph 1. Any party member who intends to resign from the party shall submit an application for resignation from the 'arty inauguration Article 15. (Registration and issuance of certificate of regis party to the local chapter with which he affiliates. tration and public notice) Paragraph 2. The local chapter which has received an ap littee may conduct Paragraph 1. The election management committee which has plication for resignation from the party shall delete the entries obj ectives of the received an application for registration under the foregoing for such person in the roster of party members and shall three Articles shall complete registration and issue a certificate issue a certificate of resignation from the party within two of registration within seven days from the date of receipt of days from the date of receipt of such application. an application for registration. promoters for the Paragraph 2. When the registration provided for in the Article 24. (Roster of resigned members) Jter. foregoing paragraph is· completed, the election management A local chapter shall keep a roster of members who have party or the party committee concerned shall publicly announce that fact without resigned. be obtained to delay. Article 25. (Number of local chapters determined by the Law) Article 16. (Acceptance of application for registration, etc.) ration preparatory A political party shall have the number of local chapters committf'~ the representative The election management which has received an which equals one-third or more of the total number of the management com application for registration may not refuse acceptance of such regional electoral districts based on the Election Law for the 11. application if it fulfills the formal conditions (fonT"'":ties). Members of National Assembly. I 37 q Article 26. (Dispersal of local chapters) 4. A financial institution or financial organization. The local d1apters prescribed in the foregoing Article s~all 5. A labor organization. be dis.persed in five or more cities and/or Provinces includmg 6. A school foundation. Seoul Special City, Provinces and Pusan city. 7. A religious organization. Article 27. (Number of party members of a local chapter as Article 36. (Demand for submission or production or report determined by the Law) and data, etc.) A local chapter shall have 50 or more party members. The Central Election Management Committee or other election management committee concerned may, if necessary Article 28. (Publicity of party platform, etc.) for supervision, demand a political party to submit or produce A political party shall make public its party platfonn (or reports, account books, documents or any other data of the basic policy) and party charter. political party. This, however, shall not apply to the roster Article 29. (Party frame work) of the party members. Paragraph 1. A political party shall! in order to main~ain Article 37. (Regular report) democratic internal order, have meetlllgs of representatives The Central party and local chapter shall report the number of local party chapters, meetings of executive members of of their party members and the status of their activities as the central party and a general meeting of ~ssembly. Mem of December 31 each year to the pertinent election manage bers if there are Assembly Members affiliated With the ment committee by February 15 of the next year. However, political party. in order that the collective will of the party if any omission or defect in the necessary conditions men members may be reflected. tioned in Articles 25 to 27 occurs, a report thereof shall be Paragraph 2. The organization, power of the machines submitted to the pertinent election management committee mentioned in the foregoing paragraph and any other matters within 15 days from the date of occurrence of such omission shall be determined by the party charter. or defect. Article 30. (Freedom of activities) Article 38. (Cancellation of registration) A political party shall enjoy freedom of activities in ac Paragraph 1. If a political party has failed to fulfill the cordance with the Constitution and laws (of the Republic necessary conditions under Articles 25 to 27, the election of Korea). management committee concerned shall cancel the registration of the party. However, if any omission of defect in the Article 31. (Nomination of a candidate for election to public necessary condition occurs within three days before election office) day for the members of National Assembly, cancellation shall Nomination of a candidate for election to public office by be postponed until three months after the election day, and a political party shall be conducted in a democratic manner for a case other than the aforesaid, it shall be postponed for and the procedure thereof shall be determined by the party three month from the time of occurrence of omission or defect charter. in the necessary condition. Article 32. (E:lGpulsion of Assembly Member affiliated with Paragraph 2. In case a registration has been cancelled a Party) pursuant to the foregoing paragraph, the election manage To expel an Assembly Member affiliated with a party, more ment committee concerned shall make a public aunouncement than half of the Assembly members affiliated with the party of such fact without delay. must vote in the affirmative after following the procedure Article 39. (Voluntary disbandment) prescribed in the Party charter. A political party may disband itself upon the resolution Article 33. (Report, etc. of status of property, etc.) of a meeting of representatives of the local party chapters. In Paragraph 1. A political party shall submit a detailed state such case the representative of such party shall notify the ment of the status of its property, revenue and expenditures, fact to the Central Election Management Committee without prepared as of December 31 every year, to the Central Elec delay. tion Management Committee by February 15 of the follow Article 40. (Disbandment and deletion of registration, etc.) ing year. Where notice pursuant to the foregoing Article has been Paragraph 2. As to tile detailed statement mentioned in the made or a court decision concerning disbandment has been foregoing paragraph, entries of the particulars concerning rendered, the 'Central Election Management Committee shall the persons who have donated to, supported or made contribu delete the registration of such political party and shall make tions in terms of property need not be made. a public announcement of the fact without delay. Paragraph .3. The Central Election Management Committee which has received the report referred to in Paragraph 1 Article 41. (Lawsuit against disbandment of a political party) slmll make the gist thereof known to the public. Paragraph 1. The provisions of Articles 9 and 14 of the Administrative Litigation Law shall apply l111ttatis m1/tandis Article 34. (Exclusion of application of the Law Prohibiting to a lawsuit against disbandment of a political party. How Donations of Money or Articles) ever, the provisions of Articles 135, 138, Paragraph 1 of A political party may receive donations, irrespective of tile Article 139 and Articles 206, 259 and 261 of the Code of Civil Law Prohibiting Donations of Money or Articles. Procedure shall not apply lnit/atis mutandis Article 35. (Prohibition of receiving donations) Paragraph 2. The lawsuit against disbandment of a political A political party (including the party inauguration prepara party shall be promptly tried in preference to any other tory committee) may not receive donations, support or any lawsuits. other contribution in terms of property from those who fall Paragraph 3. In case a lawsuit against disbandment of a under one of the following sub-sections: political party is filed or a lawsuit is no longer pending or 1. An alien, alien juridical person and an organization of a the court finding becomes final and conclusive, the Chief foreign ,country. This, however, shall not apply to an Justice shall notify the fact to the National Assembly and alien juridical perSon or an organization of a foreign the Central Election Management Committee. country which is under the leadership of a national of Article 42. (Prohibition of inauguration of a substitute politi the Republic of Korea. cal party) 2. A state or public organization. In case a political party has been disbanded by court find 3. A state-operated enterprise, organization which is under ings, the representative and exeeutive members of the politi direct con trol or supervision by the Government, or an cal party may not be allowed to inaugurate a political party enterprise the maj ority of shares of which are owned the platform (or basic policy) of which is either same as or by tbe Government. similar to that of the disbanded. 38 Articl~ 43. (Allowanc~ to be paid to the represcutative of Arh'cle 54. (Crime of neglectil"'t duties) First Opposition Party) Paragraph 1. Any person who has failed to keep a roster An allowance l':qual to the amount of the annuo.l payment of party members or a roster of resigned party members in to the Speaker of the National Assembly shall be paid to the violation of Paragraph I, Article 22, and Article 24 shall representative of the political party, with which the Presid~nt be punished by hard labor for not longer than one yeal' or a ~r report of the Republic is not affiliated, which has the greatest fine of 10,000 won or more but not more than 50,000 won. number of seatS in the National Assembly. Paragraph 2. Any person who has viC'lated the provisions of Paragraph 2, Article 23, shall ~e punished by a fine of not or other Articl~ 44. (Tax exemption) necessary more than 20,000 won. : produce Donations, support and any other contributions in terms :a of the of property which a political party receives shall be exempt ADDl::NDUM from ta-'\:. !le roster Th;~ Law shall go into force 0 ~ and after January I, 1963. Article 45. (Obligation to keep secrets) Members and staffs of each level election management committee shall keep secrets in terms of his duties not only C. ELECTION MANAGEMENT COMMITl'EES LAW e number during office but also after retirement. lvities as Unofficial translation of Law No. 1255 manage Article 46. (Crime of illegally becoming a promoter or party (promulgated on 16 January 1963)a However, member) A.-ticle 1. (Purpose) 'Us men- Any person who became a promoter or member of a politi shall be The purpose of this Law is to stipulate the organization cal party in violation of the provisions of Articles 6 and 17 and duties of election management committees which take ommittee shall be punished by hard labor for not longer than one year omission charge of fair management of elections and the affairs relat or a fine of not more than 20,000 won. ing to political parties. Article 47. (Crime of coercing paliy affiliation, etc.) Article 2. (Kinds of election management committees and fixed Any person who has forced another person to affiliate with number of members thereof) ulfill the or resign from a political party against his free will shall Paragraph 1. The following election management committees election be punished by hard labor for not longer than two years ~istrati( n shall be established under [the authority] of the Central or a fine of not more than 40,000 won (excludes expulsion Election Management Committee: : in the from a political party). 1. Seoul Special City Election Management Committee, electiofl polit~cal ion shall Article 48. (Crime of illegal affiliation with a party) Pusan City Election Management Committee, Provincial day, and Any person who becomes a member of two or more political Election Management Committee; oued for parties in violation of the provisions of Paragraph 2, Ar 2. Area Election District Election Management Committee; Jr defect ticle 19, shall be puni!ihed by hard labor for not longer than 3. \Vard (ku), City, County Election Management Com one year or a fine of :not more than 20,000 won. mittee; cancelled Article 49. (Crime of forcible inspection 'Of party me ~ber's 4. Voting District Election Management Committee. manage roster) Paragraph 2. The number of the members of the Seoul l11cement Any person who ha.s forcibly inspected the roster of party Sp(;cial City Election Management Committee, Pusan City members shall be punished by hard labor for not longer than Election Management Committee, and Area Election Manage 5 years. ment Committee shall be nine respectively, and the number esolution Article SO. (Crime concerning report, etc.) of members of the \Vard, City, County Election Manage 1l1ent Committees· and Voting District Election Management pters. In h~s Any person who neglected to submit or produce the Committee shall be seven respectively. Itify the detailed statement or report in violation of the provisions 01 without Articles 33 and 37 or has made false entries therein shall be Paragraph 3. The Area Election District Election Manage punished by hard la'Jor for not longer than five years or a ment Committee shall be established at each Area Election fine of not more than 100,000 won. District for the members of the National Assembly. Only , etc.) the \:Vard, City and County Election Management Committees laS been Article 51. (Crime concerning donations, etc.) shall be establisr.ed in the wards, cities and counties in which las been Paragraph 1. Any person who has received a donation, the Area Election Management Committee is not established :ee shall support or any other contribution in terms of property in when two or more wards, cities and counties have merged LIl make violation of the provisions of Article 35 shall be punished and organized the Area Election District for one member by a fine of 50,000 won or more but not more than 100,000 of the National Assembly. won, and the money and/or articles shall be confiscated. In Paragraph 4. The ward, city and county in which the Area I party) case confiscation of such money and/or articles is impossible, Election District Election Management Cc:nmittee is to be ~ of the the value thereof shall be collected. established shall be determined by Cabinet decree. 1!lttandis Paragraph 2. Any person, falling under one of the sub Paragraph 5. In cases where there are two or more Area '. How sections of Article 35, who has made donation, support or Elec.1ion Districts for the members of the National Assembly h 1 of any other contribution in terms of property shall be punished in the same ward, city and county, the ~ame number of Area of Civil by hard labor for not longer than three years or a fine of Election District Election Management Committees as that 50,000 won or more but not more than 100,000 won. of the Area Election District for such members shall be political established, but the Waru, City and County Election Manage y other Article 52. (Crime, etc. of divulging facts learned in line of ment shall not be established. official duties) Paragraph 6. The Area Election District Election Manage ut of a Paragraph 1. Any person who has divulged facts he learned ment Committee and Ward, City and County Election Man ding or concerning the foster of party members in violation of the Paragrap~ agement Committees shall become a ballot-opening district r. Chief latter part of 3 of Article 22 shall be punished election management committee in the elections for the Presi by hard labor or confinement for not longer than three years. bly and dent of the Republic of Korea and for the members of the l?aragraph 2. Any person who has violated the provisions National Assembly. of Article 45 shall be punished by hard labor or confinement e politi- for not more than three years. Article 3. (Duties of committees) Paragraph 1. The Ceiltral Election Management Committee (Crime of filing false application for registration) Irt find Article 53. sh:>.ll, in accordance with the provisions of laws and orders, ~ politi Any pers~n who has falsely filed application for registra tio~ il party mentioned in Articles 12 and 13 shall be punished by a As amended and promulgated on 6 August 1963 by an e as or hard labor for not longer than lOur years or a fine of not Amendment Law No. 1385. This unofficial text is provided by more than 40,000 won. the Korean Legal Center. 39 - control and manage election affairs and the affairs relating hy the party chapter covering the pertinent area); provit' 'ti, to the political parties. and shall direct and supervise its however, that when there is no party chapter to recommeml A, lower level election management committees. members, the next higher party chapter shall recommend Parag~aph 2. Any other level of election management com members. tht mittee shall, in accordance with the provisions of laws an(l Paragraph 10. When there arc any changes in the pro mi orders, manage the affairs falling under its jurisdiction, al\ll Government party and the first Opposition party under Para r(l~ shall direct and supervise its lower level election management graph (8), t~le Speaker of the :'\atlonal Assembly shall notify be committees. the fact to the Central Election 11anagement t.:ollllllittt'e; ;lIld the Ct'ntral EIt..~tion Management Committee shall im ne .irticlt· 4. (Commission of Members) mediately notify the fact to the pertinent party and its sub Ce Paragraph 1. The membl'rs of the Central Election :\1an ordinate Election Management Committees, tio agement Committee shall, in accur'!ance with the provisions Paragraph 11. In the event of a vacancy of members recom A. of the Constitution, be selected or appointed. mended by political parties, the Election Management Com Ci mi P<:.tagraph 2. The members of the Seoul Special City, Pusan mittee concerned shall notify the fact to the pertinent party City and Provincial Election :\Ianagement Committees shall chapter in accordance with the provisions of Paragraph 9. A, be commissioned by the Central Election Management Com Articll' 5. (Standing member) mittee, and each of the Committees shall consist of four persons, including two judges, recommended by the District There shall be one standing member respectively in the sh, Court having jurisdiction over the pertin.>nt areas, and of onc Central Election Management Committee and Seoul Special PC! educator, one journalist. a person of learning and virtue, who City, Pusan City, and Provincial Election Management Com da shall be recommended by the Mayor of Seoul Special City, mittee. ca. Pusan City or the Provincial Gl.overnor, and two persons Paragraph 1. There shall be one standing member respec fOl recommenued by political parties. tively in the Central Election Management Committee and set Seoul Special City, Pusan City, and. Provincial Election 11an fu Paragraph 3. The members of the Election District 11anage agemt'nt Committee. of ment Committees shall be commissioned by the :Mayors of sh; Paragraph 2. The standing member of the Central Election the Seolll Special City, Pusan City, or the Provincial Gov sel ernor, and each shall consist of seven persons selected from Mam>gement Committee shall be elected from among the among judges, educators, or men of learning and virtue, and members appointed by the President of the Republic of Korea .-11 two persons recommended hy political parties, all of whom and the members elected by the National Assembly. shall be resident within the elcdJral districts. Articll' 6. (Election and duties of chairman and vice-chairman) ah Paragraph 4. Ku, city, and county election administration Paragraph 1. There shall be one chairman and one vice so committees shall be commissioned by Mayors of the Se::lul chairman respectively in every election management com sh; Special City, Pusan City, or Provincial Election Management mittee of whatsoever level. oti lea Committees, and each shall consist of five persons selected Paragraph 2. The chairman and vice-chairman shall be from among Judges, educators or men of learning and virtue, elected from among the members of such election management A, residing within the pertinent area, and two persons recom committees. mended by political p~rtks. Paragraph 3. The vice-chairman of the Central Election in Paragraph 5. Each ballot district election management com Management committee and of the ~eoul Special City, Pusan mittee shall consist of five persons selected from among aff City and Provincial Election Management Committee shall pa voters ')f learning and virtue residing within the area covered become the standing member of the election management com ex by the ballot district in a lllt or city or within the area of mittee concerned. up or 11Iyon having jurisdiction over the ballot district, and Paragraph 4. The chairman shall represent the: committee an two persons recommended by political parties, and shall be and shall control the affairs thereof. cOInI!lissioned by the ku, city, or County Election Manage of ment Committee in case there is a kll, city, or County Elec Paragraph 5. The vice-chairman shall assist the chairman ch tion Administration Committee established, or by the District and in cases where the chairman is unable to perform his Electorate Election Administrat;on Committee having juris duties. he shall act in his stead. diction over the ballot district in case there is no kll, city, Paragraph 6. In case both the chairman and vice-chairman or County Election Management Committee established. How are unable to perform their duties, a temporary acting chair ever, in case there are no voters except military personnel man shall be elected from among the members of the com within the area of the ttp or myoll, members of such ballot mittee, and he shall act for the chairman. district Election Mall".gement Committees may be commis Article 7. (Term of office of members) sioned from among voters residing within the area of the off ku, city, county, or District Electorate Election Management The term of office of members of every level of election of Committee having jurisdiction over such ballot district. management committee shall be five years and such members re1 may serve successively after five y(ar5. Paragraph 6. Judges, Court officials and education public an, ufficials who are members of either District Electorate Elec Article 8. (Cause of removing members from iheir office) sol tion Management Committees, tIP, city, county Election Man Members of every level of election management committees Cc agement Committees, or ballot district Election Management shall not be removed from their office and commission or Committees, shall not be subject to restrictions by area of shall not be dismissed except in the following cases: in residence. ele 1. F he has acceded to a political party or he has been Paragraph 7. Public officials, or judges, court and education involved in politics; Cc public officials, may not become members of any Election mi 2. If he has been dismissed by reason of decision of im Management Committee. peachment; pu Paragraph 8. Members recommended by political parties 3. If he has been sentenced to the puni area); provi('~, ~r to recummend Articlt 10. (Treatment of members) Paragraph 9. The director of the executive bureau section ihall recommend Paragraph 1. The members who are not standing among chief,; and full-time secretaries shall manage, upon the order the members of every level of election management com· of their superior officials, the affairs falling under their office and shall direct and supervise their staff. ges in the pro mittees sllall be honorary. Only daily expenses, travelling Irty under Para costs and any other compensation for actual expenses may Articlt 14. (Cooperation for business) be pa:d. mbly shaH notify In cases where every level of election management com lent Cummittre; Paragraph 2. The remuneration corresponding to the Cabi mittee requested an administrative agency for business co mittee shall im net members shall be paid to the standing member of the operation upon the necessity for the performance of its Irty and its sub- Central Election Management Committee amI the remunera duties, such agency shall comply with the request on a tion corresponding to National public officia.I, Grade II, Class preferential basis. members recom A. shall be paid to the standing members of the Seoul Special anagement Com City, Pusan City and Provincial Election Management Com Article 15. (Liability for expenses) l pertinent party mittees respectively. Expenses required for business relating to elections and of Paragraph 9. political parties shall be borne by the State and shaH be Artirl,' 11. (Guarantee of status of members) disbursed to the chairman of the Central Election Manag~ Members of any level of election management committee ment Committee, so that holding of elections and business ,pectively in the shall not be detained except for flagrante delicto during the relating to political parties may be perfurmed without any d Seoul Special period from the date of public announcement of the electioh hindrance. anagement Com- day until the completion of ballot-opening, excluding those cases falling under the crimes of rebellion, foreign aggressi.~r:,· Article 16. (Implementing decree) nlernber respec foreign relations, expl0sives, arson, opium, currency, valuaUe Matters necessary for the implementation of this Law shall Committee and securities, postage, seals, homicide, assault and battery, wron~' be provided by a Cabinet decree. I1 Election :Man- ful arrest, false imprisonment, theft, robbery and violathl of the l': ational Security Law, Anti-Communist Law and ADDENDUM shall also enjoy deferment of draft and call to militari Article 1. Central Election service during the above period. I'om among the This Law shall be enforced on and after the date of its epublic of Korea Artirle 12. (Enlightenment, etc., for election) promulgation. sembly. Every level of Election Management Comtnittees shall Article 2. (Party-recommended members) cl vice-chairman) always endeavour to enhance consciousness of exercise of Until such time as the first National Assembly is formed 11 and one vice sovereignty of the voters and especially in time of election, after the effectuation of this Law party-recommended mem magement com- shall assist the voters in the procedures of voting and any bers shall be recommended by the two parties in the order other matters necessary for election and sbll enlighten and of number of district chapters registered with the Central lead them in voting matters. lirman shall be Election Administration Committee as of the date of promulga tion management tion of this Law, notwithstanding the provisions of Paragraph Article 13. (Auxiliary organs of committees) 8. Article 4; and in case of a tie in the number of district Paragraph 1. An executive bureau shall be established chapters, it shall be decided by the Central Election Admin Central Election in the Central Election Management Committee and a general istration Committee after the drawing of lots among political ~cial City, Pusan affairs section, election management section and a political parties concerned. Committee shall party section shall be established under the authority of such mnagement com- executive bureau. Article 3. Paragraph 2. There shall be a director for the bureau The Constitution [of ROK] mentioned in Article 4 (1) It the committee and a chief shall be assigned to the section, and the director shall refer to the constitution promulgated on 26 December of the bureau shall be a public official, Grade II and the 1962. st the chairman chid of a section shall be a public official, Grade HI. to perform his Paragraph 3. One full-time secretary, a public official, D. NATIONAL ASSEMBLY ELECTION LAW Grade HI, shall be assigned to the Seoul Special City, Pusan Id vice-chairman City and Provincial Election Management Committees and Unofficial ti'anslation of Law No. 1256 lry acting chair one full-time secretary, a public official, Grade IV, shall be (promulgated on 16 January 1963)b ers of the com- assigned to the Area Election District Election Management Committee, respectively. CHAPTER I Paragraph 4. The appointment and removal of the public General provisions officials of Grade Hand IU shaH be made by the Chairman level of election of the Central Election Management Commit:ee through a Article 1. (Purpose) d such members resolution of the Central Election Management Committee, The purpose of this law is to seek the development of and those of the public officials of Grade IV shall be made democratic political principals by assuring the fair election of D their office) solely by the Chairman of the Central Election Management National Assemblymen (hereinafter referred to as Assembly Committee. men) by the free will of the citizens. ment committees commission or Paragraph S. The public officials, except those mentioned Article 2. (Definition of voter) r cases: in Paragraphs 2 and 3, may be assigned to any level of the election management committee (excluding the 'Ward, City, The word voter, as used in this law, means a person who or he has been County and Voting District, Election Management Com has the right to vote and who is on the list of voters. mittees). elec~ decision of im- Article 3. (Cooperation concerning office work during an Paragraph 6. The kinds of office and fixed number of the tion) public officials mentioned in the preceding paragraph shall ent of imprison- Government offices, public offices and other public agencies, be determined in accordance with the provisions of a Cabinet when reql1ested for cooperation necessary with regard to office decree. work for election, shall comply therewith preferentially. Paragraph 7. As to appointment, remuneration, service, Article 4. (Guarantee of exercise of the right to vote) magement com guarantee of status of the full-time staff, the National Public Officials Law shall apply 1/!u.tatis mutandis in a:1dition to the The time requi;ed by public officials, students or persons e of a majority employed by othe1"' persons, for itispecting the list of voters or ade by the vote provisions of this Law. Paragraph 8. The chairman of every level of election man for voting shall not be considered as absence from their duty agement committee may commiss: , a number of secretaries, or work. le decisive vote ~ s vote to break clerks and employees engaging in .cction affairs from among public officials in charge of election affairs after consultation b As amended and promulgated on 6 August 1963 by Amend with the head of the administrative agency concerned. ment Law No. 1383. 41 ArtkZ, 5. (Standard for population) 1 CHAPTER III The populuation prescribed in this law shalI be the one based r Electoral districts and fixed nnmber of allemblymen e on the latest population statistics surveyed and obtained in accordance with the provisions of the Statistics Law. Articlf 13. (Electoral districts) Article 6. (Commencement of term of office of Assemblymen) Electoral districts for the Assemblymen shall be classified into two kinds, namely, area electoral districts (hereinafter Paragraph 1. The term of office of Assemblymen shall begin referred to as area districts) and a nationwide electoral district on the day after the day on which the ternl of office of (hereinafter referred to as the nationwide district). Note: area S Assemblymen dected by a general election expires. district single-member district. il. Paragraph 2. The term of office of Assemblymen elected through by-elections shall begin on the date of their election Article 14. (Establishment or area districts and fixed number for the remaining term of their predecessors. of Assemblymen therefrom) Paragraph 1. The minimum population of an area district cl Article 7. (Persons considered to be public officials) shall be 200,000, and the administrative district, topography e The persons considered to be public: officials as prescribed and traffic and other conditions shall be taken into consideration in this law shall be determined by cabinet decree. in the demarcation thereof so that the population of each area s district may turn out to be fairly equal. ~ CHAPTER II However, partitioning of part of a Ku, (a precinct of the The right to vote and the righ: to be elected Special City of Seoul, the City of Pusan), or any city, or a county (kun) for the purpose of having it belong to the area Article 8. (Right to vote) :1 district of another Ku, city or county shall not be permitted. Citizens 20 years of age and above shall have the right Paragraph 2. One Assemblyman shall be elected from each to vote. area district. Article 9. (Right to be elected) Paragraph 3. The area districts referred to in Paragraph 1 Citizens 25 years of age and above shall have the right to shall be as indicated in the chart appended hereto. be elected. Article 15. (Number of Assemblymen from the nationwide Article 10. (Determination of age) district) The age of voters and of those who have the right to be The number of Assemolymen from the nationwide district elected shall be calculated as of the date of election. cl shall be one-third of the number of Assemblymen to be elected Article 11. (Persons ineligible to vote) from the area districts. A fractional number shall be considered as one. The following persons shall not have the right to vote: 1. A person who has been Jeclared to be incompetent in Arf,r[e 16. (Changes in area districts) the management of property, or of part of property; Even though changes are made to the attached chart because 11 of changes in the administrative districts or increase or decrease t 2. A person who has beF:'n sentenced to confinement or a greater penalty, and who has not completed serving his in population, elections shall not be held in the newly .I punishment, or a final decision has not been made con added or decreased area districts until the holding of the next cerning the execution thereof; general election. 3. A person for whom two years have not elapsed yet after Article 17. (Polling districts) receiving the penalty of a fine in an amount exceeding Paragraph 1. Polling districts shall be established at dongs 5,000 won as an election criminal, or a person sentenced of kus and cities, and at eups and myons of counties. r to the penalty of a confinement or above for whom four years have not elapsed yet since the final decisi~n not to Polling districts shall be the districts of dongs of kus and receive the execution thereof, or since the completion or cities, and the districts of eups and myons, and the heads of exemption of the execution thereof; and kus, mayors and the heads of counties (hereinafter referred 4. A person who has been suspended from, or deprived of, to as the heads of kus, cities and counties) may, through the the right to vote by court decision. decision of the election management committees of the area districts, establish several polling districts in a single dong, eup Article 12. (Persons ineligible for election) or myon, or make two or more dongs into one polling district. The following person shall not have the right to be elected. However, polling districts shall not be changed once the 1. A person corresponding co Item 1, Item 2 or Item 4, of election day has been announced officially. the foregoing article: Paragraph 2. When polling districts have been established, 2. A person for whom four years have not elapsed since or changed, or when elections are to be held, th ~ heads of receiving the penalty of a fine in an amount exceeding kus, cities and counties shall, in accordance with th(. provisions 5,000 won as an election criminal, or a person sentenced of a cabinet decree, announce the seats and districts of the to the penalty of a confinement or above for whom polling districts. seven years have not elapsed yet since the execution thereof was withheld, or the completion or exemption of the execution thereof (a person sentenced to a stay CHAPTER IV .0 of execution of a penalty for whom three years have not Lists of voters elapsed yet since the expiration of the period). Article 18. (Drawing up of lists) 3. A person sentenced to the penalty of a confinement or above for having dodged military service, for whom seven (1) When elections are to be held, ku, city, up or myon prepar~, years have not elapsed yet since the final decision to chiefs shall as of the date of the announcement of the s, withhold the execution, the completion or exemption of election day, rosters of eligible voters in their respective :e the execution of the penalty (a person sentenced to a electorates, broken down by polling districts, not later than stay of execution of a penalty for whom four years have 20 days before the election day, on the basis of resident regis not elapsed yet since expiration of the probation period). tration cards. However, the provision of this item shall not apply to (2) If those listed in the roll of eligible voters- and falling IS a person who has completed military service after the in any of the items below cannot vote in person at the polls, lr completion or exemption of the execution of the penalty, they shall give notice of their absence to kIt, city, up and myon y or after the final decision not to receive the execution; chiefs not later than 15 days before the election day in such and a manner as may be prescribed by a Cabinet decree. 4. A person who has been suspended from, or deprived of, 1. Those going on a long journey outside the polling district 1- the right to be elected by a court decision or by law. indicated in the roll of e'.igible voters. 42 i a ...,._------~:<'c,''''' ... 2. Military personnel residing for a long period in military provided, however, that the lists of reported absentees shall be rII establishments or aboard ships in accordance with a law finalized the day after the termination of the reporting period. mber of assemblymen or decree. Article 23. (Recompilation of the list of voters) 3. Those residing for a long period in hospitals, camps, Paragraph 1. When necessitated by national calamity or any blymen shall be classified sanatoriums, correction houses or vessels. other similar occurrance, the head of a ku, city, eup or myon lral districts (hereinafter (3) Upon receipt of notice as prescribed under the preceding shall recompile the list of voters. ationwide electoral district paragraph, kII, city, up or tnyon chiefs shall indicat~ the notified Paragraph 2. Compilation, inspection, completion, the term ,wide district). Note: area fact in the roll of eligible voters and prepare a separate roll of validity and other matters necessary with regard to the of reported absen ees. list of voters referrl.'ters' names, addresses, sex, dates of birth prescribed by cabinet decree. listricts and fixed number and other necessary matters shall be indicated in the roll of 1) voters. CHAPTER V lation of an area district (5) None may be entered upon two or more rolls of voters. Candidates for National assemblymen ative district, topography (6) The format of rolls of voters shall be prescribed by a be taken into consideration Cabinet decree. Article 24. (Registration) le population of each area (7) KII, city, up or myon chiefs shall submit one copy of the Paragraph 1. For registration of candidates in district elec roll of reported abs·entees to district electorate election adminis torates, political parties shall submit an application to the a Ku, (a precinct of the tration committees immediately after roll of reported absentees respective district electorate election administration committees )usan), or any city, or a is finalized. for their registration at a rate of one per district electorate not ring it belong to the area later than 7 days after the announcement of the election day, :y shall not be permitted. Article 19. (Inspection of lists) together with formal recommendations for candidacy. hall be elected from each (1) KII, city, liP or nl)'on chiefs shall make the roll of voters Paragraph 2. For registration of candidates in national available for inspection for five days from the 20th day before district (proportional representation electorates, political parties :ferred to in Paragraph 1 election day at the offices of the kll, city, up or myon or such shall submit an application to the Central Election Administra led hereto. other place as may be designated by the kll, city, up or myon tion Committee for their registration within the period pre chiefs. scribed in the preceding paragraph, together with a roster of m from the nationwide For the convenience of voters, copics of rolls voters of candidates recommended by the party to run in the national villages or tong may be made available at respective villages district electorate in a number not exceeding the authorized n the nationwide district or tong offices for inspection. number of National Assembly members to be elected from the lssemblymen to be elected Paragraph 2. Any person having the right to vote may national district electorate. umber shall be considered inspect the list of voters freely. Paragraph 3. The list of candidates of a political party for a Paragraph 3. The place and time for the inspection men nationwide district shall be submitted with the priority order thereof fixed by the party. I) tioned in Paragraph 1 shall be made public five days in advance of the day on which the inspection may begin. Paragraph 4. The political party may not withdraw or he attached chart because change the candidate already registered, and may not change :ts or increase or decrease Article 20. (Raise of objection) the priority order of its list of candidates for the nationwide be held in the newly district. I the holding of the next Paragraph 1. All persons having the right to vote, through an oral or written statement made during the period allowed Provided, however, that this shall not apply in case the reg for inspection may raise an objection to the head of the ap istration of candidates is invalidated for reasons other than propriate kll, city, eup or myon and request the correction resignation, death or expulsion, and that in the case of can I be established at dongs thereof when it is believed there is an omission or misstatement didates in the national district electorate, those next to the ~ons of counties. in the lists of voters. already registered candidates in the order of priority shall be Paragraph 2. When the head of a ku, city, eup or mron registered as successors. :ts of dongs of kus and has received an objection of the type referred to in the fore myons, and the heads of Paragraph 5. A letter of consent of the candidate shall be going paragraph, an examination of the facts and a decision ies (hereinafter referred attached to the written application for registration. thereon shall be made within three days, and correction of the Paragraph 6. \Vritten applications for registration of can mties) may, through the list of voters shall be made immediately, if it is determined committees of the area didates shall be accepted from 9 a.m. through 5 p.m. every that the objection is reasonable, aDd notification shall be made lets in a single dong, eup d~y, including official holidays. to the person who raised the objection, other persons con into one polling district. Paragraph 7. \Vhen an application for registration has been cerned, and the election management committee of the area submitted, the Central or area-district election management It be changed once the district. In case it is decided that the objection is not reasonable, :ially. committee shall accept it immediately, and, in case the required notification to that effect shall be made to the person who certification documents are not attached thereto, the appropriate :s have been established, raised the objection. election management committee shall conduct investigation ) be held, th ~ heads of Article 21. (Appeal of the decision on objection) on the matters. lance with th~ provisions ats and districts of the Par;>ssraph 1. An applicant or other person concerned, who Article 25. (Additional registration) disagrees with the decision made in accordance with the fore Paragraph 1. \Vhen a registered candidate dies after the going article, may request a redetermination of the issue by expiration of the period for application for registration of the election management committee of the district area in a candidates, the political party that recommended the candi written statement if such statement is submitted within three date may apply for registration of another candidate in ac days from the receipt of the notification. cordance with the provisions of the foregoing article if applica Paragraph 2. When a request for redetermination is received tion is made more than 15 days before the election day. by the election management committee of an area district, an Paragraph 2. If the additional registrant referred to in t, ku, city, up or myon examination of the facts and a decision thereon must be made the foregoing paragraph is a candidate in the nationwide the announcement of the within three days from receipt, and, if it is decided that the distrIct election, his priority order shall be after the persons ers in their respective request is reasonable, the committee shall immediately notify already registered. districts, not later than the head of the kll, city, eup or myon concerned of the decision : basis of resident regis- and have the list of voters· corrected. Notification shall also Article 26. (Prohibition of double registration) be given to the applicant and the penon concerned, or, in case Paragraph 1. If a person registered as a candidate for the igible voters· and falling the objection is determined to be without merit, notification nationwide district, or a certain area district or for a certain : in person at the polls, shall be made to the applicant and the head of the kll, city, election has also been registered, to be held simultaneously, o kl~, city, up and myon eup or myon concerned. as a candidate for another electoral district or another elec he election day in such tion, all the registrations, shall be null and void. • Cabinet decree. A1·tick 22. (Finalization and effect of the lists) Paragraph 2. Another election to be held simultaneously, Lists of voters shall be finalized three days before the elec mentioned in the foregoing paragraph, means an election for ltside the polling district tion day and shall be ",:Jid for elections held within the year; rs. a public position of the state or a local autonomous body to 43 I be held in accordance with the law, when the periods from sible for an election office or liaison office, or an election the date of announcement of the election day through the elec office worker who belongs to the same political party as the tion day coincide. candidate, shall not be allowed to conduct an election campaign. Article 2i. (Xullification of registration) Paragraph 2. Public officials and members of election man Paragraph 1. \\"hen, after the registration of a candidate, agement committees shall not become the chief of an election it is discovered that the candidate is ineligible to be elected, office, a person resp<>l1sible for an election office or liaison when the political party to which the candidate belongs has office, a person responsible for the disbursement of election been dissolved, or when the candidate has left or changed expenses (hereinafter referred to as the person responsibl(' for his political party membership, the regbtration shall be void. accounting), an election office worker, or a speaker at public meetings. Paragraph 2. When a registration has been voided, the election management committee concerned shall, without delay, However, the provisions of this paragraph shall not apply notify the candidate and the appropriate political party and to National Assemblymen or members of local councils. clearly indicate the causes therefor. Article 35. (Establishment of election offices and liaison of Article 28. (Candidacy of public official or member of elec fices) tion management commIttee) Paragraph 1. To conduct an election campaign, a political Paragraph 1. A public official or a member of an election party may establish one election office for the nationwide management committee, who wants to become a candidate, district in the Special City of Seoul, one district election shall be dismissed from office 180 days before the expiration office in each area district, and one election campaign liaison of the term of office of the Assemblymen (in case of a office in each of the Special City of Seoul, the City of Pusan, ;eelection, by-election or a postponement of the election, he the provinces, each kit or city dOllg, or in every ellp and shall be dismissed within five days from the date of announce lIlyon. ment of the election day). Paragraph 2. Signboards may be posted at election cam However, this provision shall not apply to a Kational As paign offices and liaison offices prescribed in the preceding semblyman. paragraph in such a manner as may be prescribed by Cabinet Paragraph 2. The dismissal from office referred to in the decree. foregoing paragraph shall become effective when the public Article 36. (Report concerning election offices, liaison offices official's letter of resignation is received by the chief of the and persons responsible therefor) office where he has been working (in case of a member of a Paragraph 1. When havine established election offices or local council, by the chairman of the council to which he election liaison offices, the political party shaU report without belon,;s), or wren the member's letter of resignation is delay the sites thereof and the addresses and fuU names of accepted by the election management committee to which he the persons responsible therefor to the election management belongs. committee of the area districts. Article 29. (Report of withdrawal from candidacy) The same shaU apply when changes in the matters to be When a candidate desires to withdraw his candidacy, the reported have taken place. candidate himself must appear in person at the election man Paragraph 2. Persons responsible for an election liaison agement committee office concerned and submit his request office must belong to the same political party as the candidate. in writing together with party's formal consent to the resig nation. Article 37. (Prohibition of establishment of similar agencies) Paragraph 1. Except for the election liaison office estab Article 30. (Public notice concerning candidate) lished pursuant to the two foregoing articles, election accelera \Vhen a candidate has registered, withdrawn, died, or when tion committees, supporters' associations or other agencies, the registration has been nullified, the appropriate election organizations or facilities, similar thereto shaU not be estab management committee shall make a public announcement lished for a candidate. thereof without delay, and notify both the higher-echelon However, the provision of this paragraph shall not apply election management committees and the lower-echelon elec tion management committees. to one election counter-measures organization to be estab lished at the central chapter, each of the branch chapters of the Special City of Seoul, the City of Pusan and the CHAPTER VI Provinces, and district chapters, of a political party. Election campaign Paragraph 2. When it is discovered that an election office, NOTE: election liaison office or any other organization or facility, Election office = campaign office. has been established in violation of law or regulation, the Election expenses = campaign expenses. election management commit·ee shall order the closure thereof without delay. Election liaison office = campaign liaison office. Chief of election office = campaign chairman. Article 38. (Chief of election office, election ofl'ice worker, and speaker) Article 31. (Definition) Paragraph 1. A political party shall select and appoint Paragraph 1. Election campaign mentioned in this law shall one chief of election office for the nationwide district and for refer to acts designed to have the candidate elected or not every area district. to be elected. However, the selection and appointment of the chief Paragraph 2. Simple expressions of opinions and thoughts of tr _ election office of an at"ea district shall require approval concerning the election, or preparatory acts for candidacy of the candidate for the area district. shall not be considered as part of an election campaign. Paragraph 2. The chief of an election office may employ Article 32. (Period for election campaign) seven or less election office workers for office work concern An election campaign may be conducted only during the ing the election in each district and not more than 30 for period from the registration of a candidate is completed to the national district electorate. the date previous to election day. However, a laborer for posting posters notifying the public Article 33. (Extent of election campaign) of speech gatherings shaU not be considered as an election office worker. An election campaign shall not be conduct~d in any manner other than as prescribed in this law. Paragraph 3. Speakers may be utilized for speech gather ings sponsored by the district electorate candidate or speech Article 34. (Persons not eligible to conduct an election cam gatherings sponsored by a political party. paign) Paragraph 4. The ";'lief of an election office and speakers Paragraph 1. Those other than a political party, a candi shall be persons who belong to the same political party as date, election campaign manager, speakers, a person respon- the candidate. 44 nee, or an election Paragraph S. When the chief of an election office, speaker, .·lrticle 43. (Public report on election) olitical party as the or an election office worker, is selected, appointed or dis Paragraph 1. The election management committee for the m election campaign. missed, the political party, district electorate candidate or area district shall publish a public report concerning the ~rs of election man election campaign manager shall report the matter without district electorate candidates containing their addresses, full chief of an election delay to the appropriate election management committee. name, ages, political parties to which they belong, social :on office or liaison Paragraph 6. \Vhen an elertion management committee has careers, political views, photograllhs, platforms, and pnlici~s Irsement of election received the report referred to in the foregoing paragraph, of the political parties to which they belong, and names of :rson responsibk for it shall report or notify other election management com the district electorates concerned, and other necessary a speaker at public mittees concerned. m witnesses, cut off election management committee for the polling district and Artidc 113. (Turn-over and custody of documents concerning upper-eche~on r box, putting the election management committees thereof, and the voting) other persons engaged therein. Paragraph 1. After comp1e-tion of the election, the elec tion management committee of the polling district shall turn ,t be issued again Artide 10;. (Prohibition of taking arms and murderous weal> over the list of voters and all other documents concerning ons) the election to the chairman of the electIOn management com 'ha cannot make a E..... cept for the case refe ..red to in Paragraph 2 of Article mittee of the area district. nee may have two 105, no one shall take with him arms, murderous weapons or Paragraph 2. The docnments referred to in the foregoing lated by the voter explt.. sive:> inside the polling booth. paragraph shall be kept in custody during the term of office he voting. of the person ekctcd in the el~ction. ed to in the fore Article 108. (Prohibition of noisy talks or deeds i:l and out not enter the same side tht polling booth) Paragraph 1. \Vhen a person makes noisy talks or deeds CHAPTER IX inside the polling booth or within 100 meters from the polling booth, the chairman of the election m. 'agement committee for BaIlot-counting paper, one mark of the polling district shall restrain him and may force him to AI·tiele 11+. (Ballot-counting management) leave the polling booth or to get out of the limited d;stance in case the person has not obeyed the order. Paragraph 1. Ballot-counting shall be performed by the It committee mem- election management committees for the area districts and Paragraph 2. A voter who has been forced to leave in the election management committees for the klIS, cities and management com accordance with the provision of the foregoing paragraph shall counties (hereinafter referred •') as the ballot-counting man ent at the polling vote after all others have voted. agement committees). e hour before the However, the chairman of the election management com Paragraph 2. When counting the ballots, a majority of the mittee for the polling district may let him vote earlier than committee members shall be present. as aforementioned in case he is considered not likely to again disturb the order of the polling booth. Paragraph 3. The banot-counting management committee shall announce publicly, five days before the election day, late or the chief Paragraph 3. No one shall use an arm band, chest band or ve the manner in the place of ballot-counting to be established in the office any othel' mark which would influence the election in any 'way, of a ku, city or county. 19 accomplished. on the election day. ~ or the chief of Paragraph 4. Persons engaged in ballot-counting shall have 1gement committee Article 109. (Guarantee of privacy of voting) the ballot-counting management committee assist them in ~s of the witnesses Paragraph 1. The secret ballot shall be guaranteed. the counting of ballots. Jefore the election Paragraph 2. The voter shall not have the duty of stating Paragraph 5. Persons engaged in ballot-counting shall be nt ,)f the voting, the name of the candidate or the political party he has voted commissioned by the ballot-counting management committee ng booth on the for, and the State or any other agency whatsoever shall not from among the public officials of administrative agencies inquire or request the same. concerned or the courts in the competent district, and their at any time. names shall be announced publicly by three days before the election day. :ommittec for the Article 110. (Blockade of ballot box) tnesses at a place Paragraph 1. When the time for closing the polling booth A"ticle 115. (Restriction 011 entrance to ballot-counting place, le voting may he has come, the chairman of the election management committee and maintenance of order) of the polling district shall close the entrance of the polling booth, and, when the voting by the voters bside the polling Paragraph 1. No one shall be allowed to enter the ballot. ect four witnesses counting place except for the members or personnel of the : the situation in booth has been completed, he shall block and seal the ballot box and lock it with all the members of the committee present ballot-counting management committee or of upper-echelon election management committees, persons engaged in the ballot with the witnesses participating. loth shall not in counting, candidates and witnesses of the ballot-counting. However, in case there exists a member of the committee or I, or commit any Paragraph 2. When it is considered that fair counting of the election. a witness who refuses to block and seal or to participate with the ballot cannot be secured because of extremely disturbed out justifiable reasons, he shall be considered as having aban ng booth has re order of the ballot-counting place, the chairman of the ballot doned his authority and the details shall be described in the counting management committee may, through a decision of 'ference with the record of voting. lions of this law, the committee, request the assistance of policemen in uniform lIing district shall Paragraph 2. The key of the ballot box, the ballot papers for the maintenance of order in the ballot-counting place. is considered as left, and ballot notices and ballot numbers, shall be sealed, Paragraph 3. Policemen who have entered the ballot-counting respectively, in accordance with the provision of the foregoing place in compliance with the request referred to in the fore paragraph. place within the going paragraph shall be directed by the chairman of the phs of the voting Article 111. (Drawing up of record of voting) ballot-counting management cC"nmittee, and shall leave the ballot-counting place immediately when order has been re The chairman of the election management committee of covered or when so requested by the chairman. the p'.Jlling district shall draw up a record of voting, and put polling booth of Paragraph 4. Except in the case mentioned in the foregoing tenance of order) his signature and seal on it with al1 the members of the com mittee present. paragraph, no one shall be allowed to take with him arms, soldier on active murderous weapons or explosives in the ballot-counting place. :ept when voting However, a member of the committee who refuses to sign or put his seal without a justifiable reason shall be considered Article 116. (Commencement of ballot-counting) as having abandoned his authority, and the details shall be air voting cannot Paragraph 1. The counting of ballots shall be conducted del' in the polling described in the record of voting. after the arrival of all the ballot boxes from the election man ut committee for Article 112. (Dispatch of ballot box and so forth) I agement committees of the polling districts. )f the committee, Paragraph 1. When the voting has been completed, the However, ballot-counting may be commencec1 after the for maintaining chairman of the election management committee of the polling arrival of two-thirds or more of the ballot boxes in case district shall dispatch without delay the ballot box, the key arrival of some of the ballot boxes are delayed because of inside the polling of the ballot box, the record of voting and the ballot papers traffic conditions or any other inevitable circumstances. in the foregning left to the election management committee of the area district Paragraph 2. Witnesses of ballot-counting may inspect the man of the e1ec or the election management committee of the ku, city or of blockade and seaiing of the ballot boxes when they have istrict, and shall the county. arrived, and observe the management situation. fer has been re Paragraph 2. The dispatching of the ballot box in accordance Paragraph 3. The election management committee of an n. with the provision of the foregoing paragraph, om: witness area district shall ~eceive ballots sent by mail and imme ling booth) for each of the political parties or the candidates may accom diately put them into the ballot box for absentees, and the ballot box for mail voting shall be checked under participa t for the voters, pany, and the number of policemen in uniform to accompany T tion of candidates and chiefs of election offices, or ballot personnel of the for escort t ,reof shall be two only. 51 opening observers to confirm whether the ballots have been 1. One not made on the regular biUlot paper; dispatched by the competent persons. from 5 p.m. 011 the 2. One on which no mark whatsoever is made in any election day. After the confirmation. the outer envelopes shall column; be opened and the ballot papers shall be mixed with those 3. One on which marks are made in two or more columns; of the ordinary ballot box for counting. 4. One for which judgement is hardly to ~ made as to in Articl, 117. (Opening of ballot box) which column the mark is made; Paragraph 1. When opening the ballot box, the chairman aft~r 5. One on which letters ol' figures are marked instead of shall declare the purport thereof, and. examining the marklllg 0; blockade and sealing of the ballot box with all committee members present, open it. 6. One on which other matters, in addition to a 0 mark. are described; and However, in case a m~mber refuses the examination or a witness refuses participation therein, without justifiable rea 7. One sent by mail, which is not sealed, or for which it sons, he shall be considered as having abandoned his au has not been confirmed .vhether the voter is idcntir.al. thority, and the ddails thereof 1'hall be descr:bed in the Article 120. (Decision on objection raised as to validity of record of ballot-counting. vote) Paragraph 2. After opening of the box, the chairman shall ·When there arises an objection as to the validity of a count the number of ballots and check against the number ballot, decision shall be made with the attendance of a of ballot papers issued as stated in the record of voting. majority of the members of the ballot-counting management Paragraph 3. 'I'he ballot boxes shall be opened in order. committee, and with the concurrence of the majority of the and the number of ballot boxes being counted simultaneously members present. shall not exceed two. Paragraph 4. Announcement of the number of ballots Article 121. (Sorting of ballots) received by respective political parties and candidates shall When ballot-counting has been completed, the ballot papers be made in the unit of the polling districts. and the members shall be sorted into valid v0tes and invalid votes on the basis of the ballot-counting management committee who are present of polling districts, and the valid ballot papers shall again shall review the number of ballots received in advance of the be sorted for each of the political parties or the candidates announcement. and shall be sealed by the chairman of the ballot-counting However. in case there is a member who procrastinates the management committee and all the members of the committee ballot-counting work without justifiable reasons, he shall be present. after being put into envelopes, respectively. considered as having abandoned his authority. and the details thereof shall be stated in the record of ballot-counting. Article 122. (Drawing up of record C'f election, r~cord of ballot-counting and record of total numbers, and Article 118. (Witness of ballot-counting) report) Paragraph 1. The political parties, candidates and chiefs Paragraph 1. The ballot-counting management committee of election offices mav have their witnesses of ballot-counting observe the ballot-cotinting situation inside the ballot-counting shall immediately announce publicly the result of the ballot counting, simultaneously drawing up a record of ballot place. counting. Paragraph 2. Four of the witnesses of ballot-counting re ferred to in the foregoing paragraph shall be selected by each Paragraph 2. The election management committees of the of the polincal parties or candidates, and shall be reported kllS, cities and counties shall immediately report the records to the ballot-counting management committee regardless of of ballot-counting mentioned in the foregoing paragraph to the whether before or after the ballot-counting, and two witnesses election management committees of the area districts. shall participate in the observation in two shifts. Paragraph 3. The election manag':'ment committees of the Paragraph 3. The ballot-counting management committee area districts shall calculate and publidy announce the number shall provide seats for the witnesses opposite the persons of ballots received by the political p.lrties and the candidates, engaged in the ballot-counting work so as to enable the simultaneously drawing up records of election in the case of candidates or the witnesses to clearly observe the content area district elections, or records of total numbers in the case of the ballot counting within a near distance (not more than of the nationwide district election, and report to the upper two meters nor less than one meter). echelon election management committees, with the records of Paragraph 4. A candidate or a witness may conduct circuit ballot-counting attached thereto. inspection at any time. Paragraph 4. When having received the report referred to Paragraph S. When a request has been made by a candi in the foregoing paragraph, the election management committees date or a witness for correction of a matter violating the law of the Special C~ty of Seoul, the City of Pusan and of the with regard to the ballot-counting, the ballot-counting man Provinces shall calculate and publicly announce the number agement commHtee shall make the correction in case the of ballots received by respective political parties in the nation request theref(lr is considered justifiable. wide district, simultaneously drawing up records of total num Paragraph 6. A candidate or a witness may take pho bers, and report to the Central Election Management Com tographs of the ballot-counting scene inside the ballot-counting mittee, with the records of election and the records of total place. numbers mentioned in the foregoing paragraph appended Paragraph 7. Ordinary people may take a look at the ballot thereto. counting scene at a specific pla.::e, with receipt of an observa Paragraph 5. When having received the report referred to tion certificate issued by the ballot-counting ma..'1agement in the foregoing paragraph, the Cent!-al Election Management committee. Committee shall calculate and publicly announce the number Paragraph 8. The number of the observation certificates of ballots received by individual political parties in the nation referred to in the foregoing paragraph shall be decided wide district without delay, at the same time drawing up a properly with the place for ballot-counting taken into con record of election. sideration, and due care shall be paid to see to it that the Paragraph 6. To the records of election, records of ballot- certificates are distributed to the political parties and the C).mting and the records of total numbers, the chairman and candidates equally. all the members of the committee present shall sign and affix Paragraph 9. The ballot-counting management committee their seals. shall install facilities required for the maintenance of order in the gallery for the ordinary observers. However, incase there exists a member of the committee who refuses to sign or affix seal without justifiable reasons, Article 119. (Invalid ballot) he shall be considered as having ab;;>ndoned his authority, and A vote falling under anyone of the following items shall the details thereof shall be stated in the records of election, be invalid. records of ballot-counting and in the records of total numbers. 52 : paper; Paragraph 7. The form of the record of election, record of percentages, with the fifth figure below zero counted as a :r is made in any ballot-counting and of the record of total num~rs shall be whole number in case it stands 5 or more, or disregarded in stipulated by the Central Election Management COf'lmittee. case it stands 4 or below. Paragraph 6. Seats shall bt- distributec1 in accordance with '0 or more columns: Article 123. (Keeping in cus~ody of ballot papers, records of integral numbers calculated under the provisions of paragraph ~ election and records of baIlot-counting and so forth) to made as to in 5; provided, however, that in case there shall remain an:r Paragraph 1. After completion of the election, the election unfilled &eats, one seat shall be allocated to ~ compile a vo,ers' list by thirty days prior to the election day Paragraph 2. The head of the ward. mayor, town or town Art surv~ying t by those eligible voters hy ballot dist ' :ts who ship chief who has received the notification mentioned in the have had t"eir place of abode within each jurisdictiJnal area preceding pal agraph shall cross out the name of such person p as of forty days prior to the election day. from the voters' list, if he has issued a confirmation of entry ell'c Paragraph 2. The voters' list shall contain the name, address, in the voters' list. he sex, date of birth of the voters and any other necessary matters. Paragraph 3. The voter who has received the confirmation day Paragraph 3. No person may be listed in two or more voters' of entlJ' in the voters' list shall give a move-in notice to the den lists. head of the war,J, mayor, town or township chief concerning elec Paragraph 4. Forms of the voters' lis~ shall be determined the place of abode in which he has moved in by the date of of by a Cabinet decree. final confinuation of the voters' r 3t. Pre ParaKraph 4. The head of th~ ward. mayor, town or town to r Paragraph 5. The head of a ward. a mayor, a town or p township chief shall send an attested copy of the list to the ship chief wh'J has received moving-in notification mentioned par; ballot-opening district election management committee (it in the preceding paragraph shall enter such notification in the refers to the ballot-opening district election management com voters' list of proper voting district. resi mittee mentioned in :\rticle 2, Paragraph 6 of the Election one Article 21. (Confirmation of the voters'list) Management Commmittee Law, hereinaft"r refers the same), COlI concurrently with the compilation of th. voters list. Paragraph 1. The ',oters' list shall become final five days mer prior to the election day and shall be effective only for the by Article 17. (Inspection of the list) election concerned. Arl Paragraph 1. The head of ward, mayor, town or township Paragraph 2. The voters' list shall be re-compiled by the \' chief shall make the voters' list available for inspection for ten head of the ward, mayor, town or township chief in case it is sha' days from thirty days prior to the election day at the office necessary to do so due to a natural calamity, disaster or :Ma of ward. city, town or township or any other place designated accidents. whi by him for inspection. However, for the convenience of the Paragraph 3. Matters concerning compilation, public inspec Arl voters, an attested copy of dong or ri voters' list may be pro tion, final confirmation. effective period, etc., of the voters' vided at do-ng or ri office and be made available for inspection. list under the p,eceding paragraph shall be determined by a F Paraffraph 2. Any voter may freely inspect the voters' list. Cabinet Decree. his Paragraph 3. The period and places for inspection mentioned the del; in paragraph 1 shall be publicly announced by the head of ward, CHAPTER V not mayor, town or townslhp chief 15 days prior to the commence Pr< ment of inspection. Candidates F Article 18. (Protests) Article 22. (Registration) Pr< Paragraph 1. If any voter finds that there is an omISSIon Paragraph 1. The political party with which the candidate not: or error in the voters' list, he may, within the period of public for the President (hereinafter referred to as candidate) was sha inspection, raise an objection orally or in writing to the head affiliated shall apply for registration of the candidacy with a not of ward, a mayor, or a town or township chief concerned and letter of recommendation for the cal'didate and a letter of the age may request correction thereof. consent of the candidate to the Central Election Management Committee within ten days from the date of announcement Paragraph 2. \Vhen the head of a ward, a mayor, or a town of the election day. or township chief has received a request under the preceding paragraph, it shall be examined and decided upon within five Paragraph 2. Applications for the registration of candidacy days; and if a decision has been made that such request is shall, irrespective of official holidays, be accepted from 9 :00 a.m. Ar; to 5 :00 p.m. every day. valid, the voters' list shall immediately be corrected and the I notification thereof shall be given to the applicant or the per Paragraph 3. When an application for candidacy under tior son concerned, and if a decision is reached that such request paragraph 1 has been submitted, the Central Election Manage one ment Committee shall accept it immediately, and if no certifi is not valid, the applicant shall be so notified. I cate concerning eligibility of a candidate is attached thereto, sio] Article 19. (Appeal of decision on a protest) the Central Election Management Committee shall conduct an pre investigation on the matters. Paragraph 1. An applicant or the person concerned who elel is dissatisfied with the decision rendered under the preceding paragraph, may, within three days after he has received the Article 23. (Additional registration) AI'; notice thereof, request in writing a re-examination of the issue In the event a registered candidate dies after the period for j by the ballot-opening district election management committee application for registration of candidate has, expired, the per concerned. political party which has recommended such candidate may ple1 Paragraph 2. The ballot-opening district election manage apply for registration of another candidate pursuant to the elel provisions of the preceding Article, if application is made more ment committee which has received the request for re AI' examination under the preceding paragraph shall make a re than twelve days prior to the election day. examination and reach a decision within three days; if the 1 Article 24. (Nullity of registration) decision is favorable and complies with the rGjl:est, such com sha mittee shall immediately inform the head of the ward, mayor, Paragraph 1. In case it is found after registration of a scr town or township chief concerned, and have hhn correct the candidate that the candidate registered is not eligible to be AI' voters' list, and the applicant and the person cO·.lcerned shall elected or the political party with which the candidate is affiliated has been dissolved, or the candidate has left or changed be notified of the correction, but if an unfavorable decision I, is made and the request is not granted, the applicant and the his political party membership, such registration shall be null and void. par head of ward, mayor, bwn or township chief concerned shall a 1 be so notified of such decision. Paragraph 2. \Vhen the registration has become null and elel void, the Central Election Management Committee shall im Article 20. (Change in a voter's place of abode) as , mediately notify the candidate and the political party concerned ele\ Paragraph 1. \Nhen any voter whose name is entered in of the void registration; stating clearly the reasons therefor. ] the voters' list has changed his place of abode to any place outside of the voting district concerned after the basic day of Article 25. (Revocation and alterati .t4rlkl, 65. (Ban on offering convenien<:e of transportation make a report thereof to the election management committee facilities) concerned. Except for the cases provided for in Article no person 47, Arll'cle (Commencement of duties of person in charge of may offer the convenience of automobiles or any other trans 72. portation facilities for the purpose of conducting an election accounts) campaign. A person in charge of accounts may not execute the duties of disbursing election expenses for a political party or a Articl, 66. (Ban on returning courtesies after the election candidate until after completion of the report prescribed in day) Article 70, paragraph I and the preceding Article. I•.. No person may entertain after the election day for con gratulating or consoling the voters with regard to success or Article 73. (Placement and description of accounts books) failure in the election. Paragraph 1. A person in charge of accounts shall keep \ . account books and state therein such matters as mentioned in each of the following sub-sections: CHAPTER VII 1. All the disbursement for election expenses; Election expenses 2. Full names, addresses, occupations of those who received Article 67. (Definition and burdens) disbursements 0: election expenses, and the dates and Paragraph 1. Election expenses falling under each of the amounts of such disbursements (in case of offering following items shall be borne by political parties or candidates: benefits in terms of property other than money, the current price thereof). 1. Rents or maintenance expenses for campaign offices and liaison office; Paragraph 2. Matters concerning standards, kinds and i method of description of the account books under the preced 2. Allowance and compensation of actual expenses for the ing paragraph shall be determined by the Central Election campaign manager, a person in charge of accounts, a Management Committee. person in charge of a campaign office or liaison office, a speech maker, or campaign office staff ; Article 74. (Prohibition on disbursement by other than the 3. Expenses required for speech meetings; person in charge of accounts) 4. Rents or maintenance expenses for loud-speakers, auto Election expenses may not be disbursed by any person other mobiles, ships and boats; than the person in charge of accounts. 5. Allowances and compensation of actual expenses for Article 75. (Receipts and other certificates) voting observers and ballot-opening observers; 6. Charges for the use of blOadcasting facilities, for news When the person in charge of accounts has disbursed '" paper advertisements and for hanging campaign banners; election expenses, he shall receive a receipt therefor and any other papers which certify such disbursf.ment. 7. Actual expenses required by the candidate himself for election campaign; A1·ticle 76. (Report on disbursement) 8. Any other expenses necessary for liaison work for con Paragraph 1. A person in charge of accounts shall describe ducting an election campaign. the details of election expenses as classified by the items to Paragraph 2. The term campaign expenses as hereinafter be entered in the account hook in accordance with the provi used shall denote such money, goods, fixed debts, and all other sions of Article 73 paragraph I, and shall make a report property value falling under the items in the preceding para thereon to the election management committee concerned by graph, as may be paid during the period from the registration 15 days after the election day. of the candidate to the date of election decision. Paragraph 2. Matters necessary for the report on disburse Paragraph 3. The term issuance as used hereinafter shall ment :::hall be determined by the Central Election Manage \ denote the act of offer or payment of election expenses or ment Committee. 1,r: I promise thereof. Article 77. (Preservation of account books and other docu ~ . Article 68. (Limit of amount of election expenses) ments) Election expenses may be disbursed within the limit of Paragraph 1. The person in charge of accounts shall pre serve, for one year after the election day, the account book i· the amount determined by the Central Election Management ... Committee. maintained under Article 73 and the receipts and other papers which certify disbursement. Article 69. (Public notice on the limit of the amount of elec I Paragraph 2. The person in charge of accounts may request ; tion expenses) the competent election manag~ment committee for the pre The Central Election Management Committee shall publish servation of the account books and certificates mentioned in l the preceding paragraph. t the limit of the amount of election expenses mentioned in ,\ the provisions of the preceding Article within three days from the date of announcement of the election day. Article 78. (Inspection of account books and request for f., , production of references) Article 70. (Appointment of person in charge of accounts) The Central Election Management Committee, Seoul Special Paragraph 1. A political party which has recommended a City, Pusan City and Provincial Election Management Com t.~. candidate shall appoint a person in charge of accounts for mittee or the ballot-opening district election management each election campaign office or liaison office within five days committee may, if necessary, inspect account books and any after date or registration of a candidate and shall report his other documents for accounts with respect to the disburse name and address to the competent election management ment report, and may request a candidate or his person in committee. charge of accounts or any other person concerned, to file Paragraph 2. A person in charge of accounts may employ a report thereof or to produce necessary references. ( two assistants for accounting from among members of the Article 79. (Expenses not considered <'.s election expenses) election campaign staff. Expenses falling under one of the following sub-sections I Article 71. (Replacement of persons in charge of accounts) shall not be considered as election expenses prescribed in this cha~ter : \ When the person in charge of accounts becomes unable to , " execute his duties by reason of an accident or has resigned, All the dues and fees to be paid in connection with the .. the person who has the right to appoint the person in charge election to the state, local autonomous body or election • of accounts under the preceding Article shall appoint another management committee; person in charge of accounts by the day following the day 2. Expenses such as telephone charges, electric charges, water ~, on which the reason therefor has been occurred and shall service charge and any other maintenance costs for the 64 i ---...... -_.....------=------_...--~------.. nent committee election campaign office or liaison office, which has been names shall be publicly announced up to thrt'e days prior to disbursed by the political party or the candidate since the election day. before the date of announcement of the election day; 1 in charge of Article 84. (Voting hours) and Paragraph 1. Voting places shall be opened at 7:00 a.m. and ~te the duties 3. Expenses required for the clearance of remaining office -: work after the election day. closed at 5:00 p.m. However, it shall not be closed until after al party or a the voters waiting for their turn to ,ote at the voting place prescribed in at the closing time cast their ballots. le. Article 80. (Remunerations and compensation of actual ex penses to be paid to the persons concerned with Paragraph 2. When voting is coromenced, the members of mts books) campaign office works) the voting district election managemem -::ommittee shall, with nts shall keep , . Paragraph 1. In addition to payment of per diem, actual the participation of the voting place ol-&<:rvers, inspect the as mentioned expenses may be paid to the campaign manager, a person inside and outside of the ballot-box to determine whether in charge of election campaign office or liaison office, a person anything is wrong with it. However, this llhall not apply in in charge of accounts, a speech maker, members of a cam case where the voting place observers failed to attend the place s', paign office staff and observers. by the time of commencement of voting. ~ who received Paragraph 2. Matters concerning kinds and amounts of the Article 85. (Ballot-papers) the dates and per diem and compensation of actual expenses mentioned in e of offering Paragraph 1. Names of political parties and full names the preceding paraE, -aph shall be determined by the Central and marks of candidates shall be printed on the ballot papers. n money, the Election Management Committee. Paragraph 2. Numerical symbols shall be I, Il, Ill, and Is, kinds and ,. so forth in the order of the political parties to be printed on er the preced CHAPTER VIII the ballot-papers, and the names of political parties and full ~ntral Election Election day and voting names of candidates shall be entered both in Korean and f" Chinese characters. Article 81. (Announcement of election day) Paragraph 3. The Central Election Management Committee ther than the Paragraph 1. The Presidential election as a result of the shall decide by lot the printing order of the political parties expiration of the term of office shall be held dUI ing the period in the presence of representatives of political parties or their r person other seventy days to forty days prior to the expiration of term proxies, within two days after the closing of the registration of office of the President; however, election day shall be of candidacy. publicly announced by the President at least forty days prior Paragraph 4. When an additional registration has been to the election day. effected in accordance with the provisions. of Article 24, the has disbursed 'f< Paragraph 2. A by-election in case the remainder ('of the order of priority of the printing of the political parties shall refor and any , term of office of the president is two years or more, shall be be the order determined already. held within sixty days from the day on which the office of Paragraph 5. In case an additional registration has not been '. the President becomes vacant; however, the by-election day i effected after the registration of candidacy has been nullified shall be publHy announced by the Prime Minister in ac or a candidate has withdrawn his candidacy or died during shall describe cordance with the provisions of the' preceding paragraph. the items to the period of application for additional registration of can ith the provi didacy from the time of determination of printing order of Article 82. (Method of election) political parties, only the name of the political party of the lake a report Paragraph 1. The election shall be held by casting a ballot concerned by candidate shall be prir.ted on the ballot-papers. with a marking thereon. Paragraph 6. Even if a candidate has withdrawn his can Paragraph 2. One voter shall cast but one ballot. t on disburse didacy or died or his registration has become null and void ~ of tion Manage- I Paragraph 3. No voter's name shall be indicated on the after the period additional registration has elapsed, the ! ballot. name of the political party of the candidate and his own name ,r: shall be crossed out from the ballot-papers. t Article 83. (Establishment of voting places) l other docu- \ Paragraph 7. A serial number shall be entered in a ballot .'1 Paragraph 1. A voting place shall be established at every paper. voting district, and its appellation and location shall be pub nts shall pre ~. Article 86. (Preparation of ballot-papers an ballot-boxes) account book ... licly announced by the chairman of the voting district elec I other papers tion management committee twenty days prior to the election Paragraph 1. Ballot-papers and ballot-boxes shall be pre day. However, in case of natural calamity, disaster or any pared by the ballot-opening district election management com other unavoidable circumstances, the voting place may be mittee and shall be delivered to the voting district election s may request • changed. management committees by the eve of the election day and for the pre Paragraph 2. If the cases concerned by the preceding the standards thereof shall be determined by a Cabinet Decree. mentioned in l paragraph occur, it shall immediateiy be publicly announced Paragraph 2. The number of ballot-boxes under the preceding t ,\ and made known to voters. paragraph shall be not more than two per one voting district. request for I Paragraph 3. A vating place shall be established at a school, However, two ballot-boxes shall not be used simultaneously .. town office, township office or "dong" office and public hall in a voting. Seoul Special in that order. However, if a voting place was established at Paragraph 3. Two representatives appointed by lot of po gement Com- r,'--, any other place due to unavoidable cirCUU1stances, it shall be litical parties which have recommended candidates shall affix management governed by the decision of the ballot-opening district elec their seals on the ballots· at the election management committee. loks and any tion management committee. Paragraph 4. In cases where there are no representatives the disburse Paragraph 4. No voting place shall be established within a of the political parties under the preceding paragraph or such lis person in military barrack. representatives are unable to affix their seals by reason of :rned, to file Paragraph 5. The voting place shall be arranged in such accident, the chairman of the ballot-opening district election :es. a manner that no person may be able to peer inside of it, management committee shall affix his seal on h':te ballot-papers·. ( and no specific mark shall be made in the place. expenses) Article 87. (Announcement of model bailot-paper) Paragraph 6. A political party, a candidate, campaign man sub-sections [ ager or the person in charge of liaison office may request cor The ballot-opening district election management committee :ribed in this rection of the facilities of a voting place. shall publicly notify each voting district of the model ballot paper by seven days prior to the election day. Paragraph 7. Employees to manage voting affairs shall be tiol1 with the assigned to a voting place in order to assist in voting affairs. Article 88. (Delivery of slips notifying voting) y or election '. • Paragraph 8. Employees to manage voting affairs shall be The voting district election management committee shall commissioned by the voting district election management com deliver, in accordance with the provisions of the Cabinet harges, water mittee from among the public officials of the competent admin Decree, slips notifying the voters who are on the voters' list :osts for th,~ istrative agencies or educational public officials, and their by the day prior to the election day. 65 e Article 89. (Receipt of ballot-paper) Paragraph 5. Observers at the voting place shall not com II Paragraph 1. Each voter shall go to the voting place himself, mit any act which might affect the election, in such a manner S after presenting the slip notifying voting and being identified as interfering with the voting business, soliciting voters to vote for a candidate or employing any other means. , all the right person in the presence of an observer on the work II of the receptionists, shall affix his seal or thumb print on the Paragraph 6. In case an observer at the voting place finds v voters' list before the members of the voting district election interference with voting, fraudulent voting and any other facts . ~ t management committee, and shall receive one ballot-paper. in violation of the provisions of this Law, and he requests Paragraph 2. If it is questionable whether a voter is the correction thereof, the voting district election management right person or not. the voting district election management committee shall, if the request is deemed valid, correct it. " committee shall decide the matter upon the verbal attestation Paragraph 7. Any observer may take a photograph of voting C of the chief of Dong, Ri, in which the voter resides, or of when an accident occurs in the voting place. 5 neighbours of the voter. e Article 95. (Prohibition of entry into voting place by prostcu rl Paragraph 3. The chairman of the voting district election tors, etc. and maintenance of order) management committee shall deliver the ballot-paper to a voter a when it is confirmed that he is the right person registered Paragraph 1. Prosecutors, policemen or military personnel S' on the active list shall not enter the voting place except when in the voters' list even if he has not carried the slip notifying .t. him of the voting prescribed in the preceding article. they vote and cast their own ballots as voters. Paragraph 2. If it is deemed, by a decision of the voting n Article 90. (Restriction on voting) district election management committee, that it is impossible b Paragraph 1. Any person who is not on the voters' list to carry out a fair and just voting owing to a great disturbance p may not be allowed to vote. However, the bearer of written of the public order at the voting place, the chairman of the decision under Article 18, Para~raph 2 or Article 19, para voting district election management committee may request C' graph 2 may be allowed to vote. assistance by policemen in uniform in order to maintain the public order at the voting place. Cl Paragraph 2. A person who is on the voters' list may ,. b not be allowed to vote unless he is entitled to do so as of the Paragraph 3. Policemen wh:> entered the voting place in p election day. accordance with the request mentioned in the preceding para f, graph shall be under the direction of the chairman of the Article 91. (Procedures for marking) voting district election management committee, and in case A Paragraph 1. Each voter shall, at an isolated place where the public order is restored, or if so requested by the chairman, r • no other person is able to peer in, put a mark on the ballCJt, the policemen shall immediately withdraw from the voting place. choosing one candidate. Then the ballot shall be folded on m the spot in such way as to conceal the marking on it which Article 96. (Ban on entry into voting place) .~ aI may not be seen by others. Aiter that he shall, in the presence No persons except voters, observers of voting place, and 0: of the members of the voting district election manageml'nt the members, staffs and employees of the voting district elec Cl committee and voting observers, cut off the baliot number tion management committee and its higher level election man from the ballot paper and put it into a separate box while agement committee, may enter the voting place. putting only the "unidentified" ballot into the ballot-box. p: 01 Paragraph 2. A ballot shall not be issued "to a voter" again Article 97. (Prohibition of carrying arms and murderous even if the voter has stained it. weapons, etc.) Except the case mentioned in Article 95, paragraph 2, no Paragraph 3. A blind voter or any other voter who is unable " to put a mark on the ballot by himself due to his physical person may carry with him arms or murderous weapons or deformity may be accompanied and assisted in voting by two explosives in the voting place. of his family or the persons he has chosen; Article 98. (Prohibition on making noise and confusion inside A Paragraph 4. Except the case mentioned in the preceding and outside voting place) paragraph, no two or more persons may be allowed to go in Paragraph 1. In case any person makes noise and confusicn cc one marking place at the same time. at the voting place or within one hundred meters from the cc Article 92. (Method of marking) voting place, the chairman of the voting district election man agement committee shall restrain him; and in case any person m In case a voter puts a mark on the ballot, he shall use the does not obey his order, the chairman may order the man to mark "0" a round circle. stay out of the voting place or outside the one hundred meters > limit from the voting place. m Article 93. (Number of attendance of members of voting tc district election management committee) Paragraph 2. The voter who has been forced to leave in is The voting place shall be attended by a majority of the accordance with the provisions of the preceding paragraph members of the voting district election management committee, shall vote after all others have voted. However, the chairman of the voting district election management committee may, if se and they shall be present at the voting place by at least one to hour earlier than the commencement of the voting. he considers that there is no fear of disorders, have him vote earlier. Article 94. (Observation of voting place) ~ af Paragraph 3. No person may put on arm-band, badge, etc. el, Paragraph 1. A political party, candidate, campaign man or any other mark which might affect the election in any fie ager or person in charge of liaison office may have the observers way, on the election day. watch the proceeding of issuing the ballot-papers and of voting. at Article 99. (Guarantee of secrecy of voting) ,,0;- to Paragraph 2. A political party, candidate, campaign manager, or person in charge of liaison office shall report to the com Paragraph 1. The secrecy of vote shall be guaranteed. A petent voting district election management committee the names Paragraph 2. No voter shall have an obligation to state of observers between three days prior to the election day and to any person the names of candidate or political party for )' at thirty minutes prior to the commencement of voting; provided whom he voted, and even the state or any other agency may di that on the election day, a report thereof may be filed at the not question him or demand his statement. al1 voting place. However, the change of observers and the report Article 100. (Closure of ballot-box) trl ing thereof may be allowed at any time. Paragraph 1. When it is time to close the voting place, • OIl Paragraph 3. The voting district election management com the chairman of the voting district election management com t" mittee shall arrange seats for the observers in such a way mittee shall close the entrance of the voting place, and shall ha as they are able to watch easily the proceedings of issuing the lock and seal the ballot-boxes after the voters remaining at ., fi, ballots and of voting. the voting place have completed casting their votes, together bo Paragraph 4. The observers mentioned in paragraph 1 shall with all the committee members present with the observers be four persons per political party; however, two of them participating. However, if any member refuses to lock and ba shall be allowed to watch the proceedings by turns. seal the ballot-box without any justifiable reason, or if any 66 I acp-- observer refuses to be a witness thereto, he shall be regarded of the ballot-boxes, and observe thereafter the process of shall not com as having waived his right, and the fact thereof shall be administering thereof. I such a manner stated in the voting record. :iting voters to Paragraph 2. The key of the ballot-box and unused ballot Article 106. (Opening of ballot-boxes) ans. f papers, ballot notification cards and number sheets shall be Paragraph 1. When the ballot-boxes are to be opened, the Iting place finds wrapped and sealed thereon respectively in accordance with chairman shall announce such intention and shall inspect the any other facts ·1 the provisions of the preceding paragraph. lock and sealing of the ballot-boxes with all the members and he requests present. However, if any member refuses to examine the on management Article 101. (Preparation of vo~ing record) boxes or any observer refuses to stand by without any • correct it. The chairman of the voting district election management justifiable reason, ti,e fact thereof shall be stated in the )graph of voting committee shall prepare a voting record and shall sign and ballot-opening record. seal it with all the members of the committee present. How Paragraph 2. The chairman shall count the number of bal ever, if 'lny member refuses to sign and seal the voting lots with all the members present, and after the number of the prost;!~u- lace by ; , record without any justifiable reason, he shall be regarded ballots is compared with that of ball(lts delivered 'issued', as having waived his right, and the fact thereof shall be which is stated in the voting record. it shall be examined in litary personnel stated in the voting record. a mixed way with all the ballots. However, if any member Ice except when Article 102. (Transmission of ballot-box, etc.) delays the business of ballot-opening without any justifiable reason, he shall be regarded as having waived his right, and Paragraph 1. The chairman of the voting district election the fact shall be stated in the ballot-opening record. 11 of the voting management committee shall without delay transmit the ballot it is impossible box, the key thereof, voting record and the unused ballot ;reat disturbance Article 107. (Observation of ballot-opening) papers to the ballot-opening district election management Paragraph 1. A political party, candidate, campaign man :hairman of the committee after the voting is finished. ~e may request ager, or person in charge of liaison office may have the ballot to maintain the: Paragraph 2. When the ballot-box is transmitted in ac opening observer observe the proceeding of the ballot-opening cordance with the provisions of the preceding paragraph, its in the ballot-opening place. bearers shall be accompanied by one observer per political voting place in ,- Paragraph Z. Each political party shall select four ballot party and may be accompanied by only two policemen in uni opening observers mentioned in the preceding paragraph, and preceding para form required for escorting thereof. hairman of the the names of the observers shall be reported to the ballot~ opening district election management committee regardless :e. and in case , Article 103. (Transfer and preservation of documents relat >y the chairman, . ing to voting, etc.) whether it is before or after the commencement of ballot the voting place. Paragraph 1. The voting district election management com opening, and two of the four observers shall observe it by mittee shall, after the election, transfer the voters' list and turns. all other documents relating to the election to the chairman Paragraph 3. The ballot-opening district election manage Iting place, and of area election district ~k(:tion management committee con ment committee shall arrange the seats for the ballot-opening ng district elec cerned. observers in such a (less distance class than two meters but el election man- Paragraph 2. The docummts mentioned in the preceding not more than one meter), opposite tv the employees engag paragraph shall be taken into custody during the term of ing in the ballot-opening, that candidates and ballot-opening observers may discern the contents of the ballot-opening. and murderous office of the sl~ccessful candidate. Paragraph 4. Candidates and ballot-opening observers may go around and watch the ballot-opening at any time. Jaragraph Z, no " CHAPTER IX Paragraph S. When candidates or ballot-opening observers )US weapons or request for correction of the matters which are in violation Opening of ballot of ballot-opening procedures, the ballot-opening district com confusion inside Article !O';'. (Management of ballot-opening) mittee shall correct such matters if the committee considers Paragraph 1. The function of opening the ballots shall be it just and proper. e and confusic.n conducted by the ballot-opening district election management Paragraph 6. Candidates or observers may take a pho leters from the :'. committee. tograph of ballot-opening process in the ballot-opening place. :t election man Paragraph 2. The majority of the members of the com Paragraph 7. The general public may observe the ballot~ case any person mittee shall be present at the opening of ballots. opening at the place designated, after obtaining spectator's 'der the man to pass issued by the ballot-opening di"rict election manage hundred meters Paragraph 3. The ballot-opening district election manage ment committee shall publicly announce ballot-opening places ment committee. to be established at the place where ward, city, county office Paragraph 8. The number of the spectator's passes men ced to leave in is located at five days prior to the election day. tioned in the preceding paragraph shall be reasonable, taking ding paragraph into consideration the condition of the ballot-opening place; Paragraph 4. In order to assist ballot-opening a1.. i , per r, the chairman rs sons to be engaged in ballot-opening affairs shall be assigned provided that the passes shall be distributed on an equal nmittee may, if basis to all of the political parties. have him vote to the ballot-opening district election management committee. Paragraph S. Employees to be engaged in ballot-opening Paragraph 9. The ballot-opening district election manage ment committee shall install facilities necessary for the main and, badge, etc. affairs shall be commissioned by the ballot-opening district election management committee from among those public of tenance of order in the gallery for the general spectators. election in any ficials of the administrative agency or the court concerned; Article 108. (Restriction on entry into ballot-opening place and their names shall be publicly armounced three days prior and maintenance of order) ,.0;- to the election day. Paragraph 1. No person other than the members and staffs guaranteed. Article 105. (Commencement of ballot-opening) of the ballot-opening district election management committee .gation to state Paragraph 1. Ballot-opening shall be commenced after the and its higher level election management committee and em itical party for l' arrival of all the ballot-boxes transferred from the voting ployees engaging in ballot-opening affairs, candidates and bal ler agency may district election management committee. However, if the lot-opening observers, may enter into the ballot-opening place. \ arrival of some of the ballot-boxes are delayed owing to the Paragraph 2. In case it is found, by a decision of the transportation or any other unavoidable circumstances, the ballot-opening district election management committee, that le voting place, .. opening of ballots may be commenced after the arrival of it is impossible to carry out a fair and just ballot-opening magement com- , two-thirds of the ballot-boxes, provided that the delayed because of an extreme disturbance of the public order at the ~lace, and shall I ballot-boxes shall be opened by mixing up the ballots from ballot-opening place, the chairman of the committee may five or more ballot-boxes including the ballots from the ballot request the assistance of policemen in uniform for the main 's remaining at ~ votes, together boxes of delayed arrival. tenance of the order of the ballot-opening place. 1 the observers Paragraph 2. The ballot-opening observers may, when the Paragraph 3. Policemen who entered the ballot-opening es to lock and ballot-boxes have arrived, inspect the closure and sealin~ place in accordance with the request mentioned in the preced- ,son, or if any 67 I of ing paragraph shaH be under the direction of the chairman voting record, ballot-box, ballot-opening record and all other of tr.e ballot-opening district election management committee, documents relating to the election, and the Seoul Special City, and in case the public order is restored, or if so requested Pus:m City, Provincial election management committee shall by the chairman, the policemen shall inunediately withdraw take into its custody the record of total numbers and all other he from the ballot-opening place. documents relating to the election and the Central Election he Paragraph 4. Except in the case mentioned in the preced :Management Committee shall take into its custody tlection lrs ing paragraph 1 no person may carry arms or murderous arms record and all other documents relating to the election, dtlring he or explosives in the ballot-opening place. the term of office of the successful candidate. ~y he Article 109. (Invalid ballot) CHAPTER X Any ballot which falls under one of the following sub- 11 sections shall be null and void: Successful candidate and re-election he 1. A ballot not made on the regular ballot paper; Article 114. (Decision of successful candidate) d', 2. Ko mark was put on any column; Paragraph 1. The Central Election Management Committee in 3. ~Iarks are put on two or more columns; shall decide who gained the largest number of valid votes er lIe 4. Such ballot as is hard to discern on which column the and is the successful candidate and shall notify the speaker of the National Assembly. However, if there is only one Id mark is put; 5. Letter or figure is written or drawn, instead of putting candidate in the election, he shall only be the successful candi the mark "0"; date, if he has gained two-thirds or more of the valid votes of the total number of the eligible voters. 6. Besides the mark "0", other matters were stated. n- Paragraph 2. If there are two or more candidates who are It- Article 110. (Decision of objection to the validity of vote) tied with the highest number of votes, the National As sembly shall, upon receiving such notification from the Cen 19 If an objection is filed as to the validity of a vote, a deci sion thereof shall be made by the atttndance of a majority tral Election Management Committee, decide the winner in an of the members of the ballot-opening district election manage open session at which the majority of its registered members It- attend. Id ment committee and with the concurrence of the majority It~ of the members present. Article 115. (Announcement and notice on successful candidate) ss A;·ticle 111. (Sorting of ballot-papers) When a successful candidate has been decided upon in It- When the ballot-opening has been completed, ballots shall c cordance with the provisions of the preceding Article, lY be sorted into valid and invalid ballots; valid ballots shall Paragraph I, the chairman of the Central Election Manage be again sorted for each of the candidates; and shall be put ment Committee shall publicly announce that fact, and when e- into an envelope respectively and sealed by the chairman of a successful candidate has been decided upon in accordance 19 the ballot-opening district election management committee and with the provisions of the preceding Article, paragraph 2, Ilt all the members present. the Speaker of the National Assembly shal! publicly an s- nounce that fact, and each of them shall without delay inform Ig Article 112. (Preparation and report of ele~~ion record, bal the successful candidate. lot-opening record, and recor-i of total numbers) Iy Paragraph 1. The ballot-opening (1;Jtrict election manage Article 116. (Nullification of return owing to loss of eligibility) I ment committee shall inunediately publicly announce the Paragraph 1. Any person who is not eligible for election results of the ballot-opening, and shall simultaneously prepare on the election day way not be declared the successful candi rs the ballot-opening record and shall report thereof to the date. In Seoul Special City, Pusan City or Provincial election man I- Paragraph 2. If the successful candidate becomes ineligible agement committee. tS for election after the election day but before the commence I~ Paragraph 2. When the Seoul Special City, Pusan City, ment of his term of office, he may not assume office. Provincial election management conunittees have received )- the report under the preceding paragraph, it shall count and Article 117. (Re-decision of successful candidate) e. announce the number of voters gained by each candidate, and If a court has delivered a judgement nullifying a person's t~ shall simultaneously prepare the record of total numbers and election on the grounds stated in Article 114, the Central 's I shall rep-0rt the record thereof to the Central Election 1lan Election Management Committee or the National Assembly ~- agement Conunittee, together with the ballot-opening record. which has decided upon the successful candidate shall again Paragraph 3. \Vhen the Central Election Management decide who is the successful candidate. 1- Conunittp.e has received the report mentioned in the preced Article 118. (Re-election) 19 j ing paragraph, the conunittee shall without delay count and -,o' announce the number of votes gained by each candidate and Paragraph 1. A re-election shall be held in the following 11 shaii simultaneously prepare the election record. cases: Paragraph 4. The election record, ballot-opening record 1. If there is no successful candidate; ~- and the record of total numbers shall be signed and sealed 2. The whole of an election has been adjudged invalid; 1- by the chairman and all the members of the committee 3. A successful candidate has resigned, died or has become present. However, if any member of the committee refuses ineligible for election, before the conunencement of his to sign and seal it without any justifiable reason, he shall term of office; :e be regarded as having waived his right, and the fact shall 4. The election of a successful candidate has become in be stated in the election record, ballot-oper.mg record and the valid because of penal punishment for a crime com :s record of total numbers. mitted in connection with the election concerned before :e Paragraph 5. The form of the election record, ballot election day. 1- opening record and the record of total numbers shall be Paragraph 2. A re-election shall be held within sixty days l- determined by the Central Election Management Committee. ~. from the day on which the cause mentioned in the preceding paragraph is determined, and the date for the re-election Article 113. (Custody of ballots, election record, ballot-opening ~I le shall be publicly announced by the President of the Republic record, etc.) I It of Korea forty days prior to the election day. g Paragraph 1. The ballot-opening district election manage .1 le ment conunittee shall, after the election, transfer the ballot Article 119. (Postponement of election) .y papers, voting record, ballot-box and ballot-opening record and When it is impossible to hold an election or an election 1- all other documents relating to the election to the area has not been held, on account of a calamity, disaster or any election district election management committee concerned. other unavoidable circumstances, the President of the Re g Paragraph 2. The regional district election management public of Korea shall postpone the election day or set another 1- committees shall take into their custody the ballot-papers, election day, as appropriate. 68 I ..----, ---.---- ,.....•s ------•.-- .'~ _IWI .._ .. ~ '1 ing reoord and all other Article 120. (Partial re-election) Article 124. (Election petitions) cl the Scoul Special City, Paragraph 1. If an election has been adjudged partially Paragraph 1. A political party or a candidate, having an agement committee shall invalid, the Central Election Management Committee shall :al numbers and all other objection as to the validity of election may, within thirty days order a re-election for the voting district concerned and shall from the date of final return of the election, bring a lawsuit md the Central Election decide the successful candidate again. into its custody t1ection in the Supreme Court against the person elected. However, in 19 to the election, dttring ·. Paragraph 2. An election held in accordance with the provi case lawsuit is filed for the reason of illegality of the return candidate. sions of the preceding paragraph shall be held within twenty made in accordance with the provisions of Article 114, Para .' days after receiving the notification of the final decision; graph 1 or Article 116, the Chairman of the Central Election provided that the Central Election Management Committee Management Committee or the Speaker of the National As " shall publicly announce the date therefor twelve days prior to serr.bly which has decided the person elected shall be the I re-election the voting day. defendant. Paragraph 3. In holding an election under the preceding Paragraph 2. In case where the successful candidate who is :andidate) two paragraphs, the voters' list used in the election concerned to be the defendant in accordance with the provisions of the Management Committee shall be used regardless of the provision of Article 21, para preceding paragraph has died, resigned or the validity of his number of valid votes graph 1 unless otherwise clearly indicated in the judgement. election has been lost in accordance with the provisions of shall notify the speaker Paragraph 4. The matters concerning the election cam Article 116, the defendant in the suit shall be the Prosecutor r, if there is only one paign, election expenses in a partial re-election shall be pro General. , be the successful candi vided by the Central Election Management Committee. more of the valid votes Article 125. (Judgement on invalidity of election, etc.) )ters. Article 121. (Re-voting owing to calamity, disaster, etc.) If the provisions relating to the election have been violated, more candidates who are Paragraph 1. In case voting was impossible in one or more and a lawsuit with respect to the preceding two articles has been rotes, the National As voting districts on account of a calamity, disaster or any other instituted, the Supreme Court shall adjudicate the whole or a Itification from the Cen- unavoidable circumstances, or a ballot-box has been lost or part of the election, or return of the election, to be invalid, decide the winner in an burned or destroyed, the Central Election ~fanagement Com only when it considers such violation has affected the result of the election. f its registered members mittee shall hold another vote in the voting district concerned and a successful candidate shall again be decided, only if it Article 126. (Disposal of l'lwsuits) is found that such causes might affect the result of the election. ~ on successful candidate) The lawsuits in connection with the election shall be promptly been decided upon in Paragraph 2. Voting in accordance with the provisions of the tried and given preference and priority over any other lawsuits. the preceding Article, · . preceding paragraph shall be enforced within twenty davs from the day on which the cause therefor was removed; pr~ Article 127. (Mutatis Mutandis application of the administra :entral Election Manage Committe~ nce that fact, and when vided that the Central Election Management shall tive litigation law, etc.) publicly announce the date thereof twelve days prior to the Paragraph 1. Exc:ept as provided otherwise in this Law, .ded upon in accordance voting day. 19 Article, paragraph 2, the provisions of Articles 9 and 14 of the Administrative Liti nbly shall publicly an Paragraph 3. Matters concerning the election campaign and gation Law shall apply mlltatis mutandis to election lawsuits. tall without delay inform election expenses in the re-voting held in accordance with the However, the provisions of Articles 135, 138, 139, Paragraph 1, provisions of the preceding two paragraphs shall be determined 206, 259 and 261 of the Code of Civil Procedure shall not apply by the Central Election Management Committee. mlltatis mutandis. ling to loss of eligibility) Paragraph 2. A political party or a candidate may request not eligible for election .' Article 122. (Election of the president by the national as sembly) the district court or its branch court having jurisdiction over red the successful candi- the ballot-opening district to impound the ballot-boxes, ballots, Paragraph 1. In the case where the presidency becomes vacant, voting record, etc. in order to perpetuate evidence for the lawsuit didate becomes ineligible the Prime-Minister shall report the matter without delay to the filed in accordance with provisions of Articles 123 or 124 after It before the commence National Assembly and the Central Election Management Com the completion of ballot-opening. lOt assume office. mittee if the remainder of the term of office of the President is two years or less. Paragraph 3. \Vhen a request under the preceding para 1 candidate) Paragraph 2. The speaker of the National Assembly shall graph is submitted, the judges shall arrive on the scene, draw ent nullifying a person's hold a presidential election some time between twenty days to up a protocol, and take appropriate action for preserving the ~rtic1e 114, the Central thirty days after he has received the report mentioned in the ballot-box. the National Assembly preceding paragraph; provided that he shall publicly announce Paragraph 4. The preservation under the preceding para I 'ul candidate shall again the date of the election twenty days prior to the election day. graph shall lose its effect in case a lawsuit under Articles 123 :e. Paragraph 3. In a case where the National Assembly elects and 124 is not instituted. the President of the Republic of Korea, the political parties Article 128. (Notice on Election Cases, etc.) le held in the following shall apply for the regis' -ation of candidates to the Central Election Management Committee within ten days from the 'When a lawsuit has been instituted, or is not longer pend announcement of the election day. ing, or a final judgement has been made, the Chief Justice of lte j the Supreme Court shall notify the National Assembly and the Paragraph 4. As to the registration of canl'iiates mentioned ~en Central Election Management Committee. adjudged invalid j in the preceding paragraph, the provision5 of Chapter V shall ned, died or has become apply mutatis mutall dis. However, the period of application for .e commencement of his additional registration shall be five days prior to the election CHAPTER XII day. mdidate has become in Penal p~ .""isions lent for a crime com CHAPTER XII Article 129. (Crimes of fraudulent registration, false sealing :lection concerned before and testimony, etc. Election lawsuits Paragraph 1. Any person, who has been regis~ered in ~ held within sixty days ... Article 123. (Election lawsuits) voters' list by a fraudulent means, or has affixed a false seal ntioned in the preceding or has given false testimony in the case of Article 89, para late for the re-election , Paragraph 1. Any voter, political party or candidate, having an objection as to the validity of the election may, within thirty graphs 1 or 2, shall be punished by imprisonment at hard 'resident of the Republic labor or confinement for not longer than six months or by a :ction day. · days from the election day, file an action with the Supreme .1, Court against the chairman of the Central Election Manare fine of not more than 10,000 won. 1) ment Committee as the defendant. Paragraph 2. Any public official concerned with the elec election or an election Paragraph 2. If, in a case mentioned in the preceding para tion who has intentionally failed to carry names of the eligible :alamity, disaster or any graph, the seat of the chairman is vacant, the vice-chairman voters in the voters' list, or has carried false facts in the President of the Re shall be the defendant, and if the seat of the vice-chairman list, shall be punished by impr120nment at hard labor or :ction day or set another is vacant, all the members of the Central Election Management confinement, for one year or less or a fine of not more than Committee duly seated shall be the defendants. 20,000 won. 69 I Artic1~ 130. (Crimes of buying off and inducement) 3. Any person who has helped or induced others to com intimidation Paragraph 1. Any person who fall .. under one of the fol mit any act prescribed in the preceding two sub-sections. cafldidate el~ lowing sub-sections shall be punished by imprisonment at Paragraph 2. Any person who has accepted, requested or by imprisonr hard labor or confinement for three yea"s or less, or by a consented to, the offer of benefits or posts as stipuiated in , or more but fine of not more than 60,000 won: sub-section 1 or 2 of the preceding par ~raph shall be Articlt 138. I 1. Any person who has offered or declared the intention punished by imprisonment at hard labor or confinement for to offer or promised to offer money, articles. transporta three years or a fine not more than 60,000 won, tion, entertainment. or a~y other benefit in terms of Pc.ragraph 3. If any member or staff of an election man If any me property, or an official or private post to a voter, or a agement committee or public official concerned with the elec mittee, poIicl political party or candidate's campaign Ill.1nager, person tion business or policeman has committed an act prescribed election or I in charge of accounts, a 5peech maker, an observer, a in paragraph 1 concerning the elections, he shall be punished has infringe< person in charge of campaIgn office or liaison office or by imprisonment at hard labor or confinement for six years authority suc or hy ab,mdol a member of a campaign olike staff, for the purpose or less. of being elected or ha\"ing another person elected or ing voting in defeated; Article 133. (Crimes of buying off and inducement of success out justifiabl~ election caml 2. Any person who ha~ .:ommitted such acts as prescribed ful candidate) Paragraph 1. Any person who has committed an act fall or by refusir ir. the preceding sub-section to a voter. a campaign he sh"ll be I manager, a person in charge of accounts, a speech maker. ing under one of the following sub-sections shall be punished campai~n by imprisonment at hard laber or confinement for one year finement for an observer. 1 person in charge of othce or 100,000 won. liaison office. a member of a campaign office staff of or more but sevt:n years or less: another political party, or a candidate. as rewards for 1. Any person who, for the purpose of having the suc Art/clt 139. ; voting or not voting, conducting or not conductin~ an cessful candidate to resign the turning, has committed c election C uccessful candidate, I charge 0 f accounts regarding the elec al Election :Manage 1II istrict election man- lseclltion) tion of the crimes • tcd upon the lapse Iwcver, if a criminal I be completed after ~ction offenders and sdiction of the col- IP " fter the date of its ... .\ 11 for the President '\ enforcement of this veyed in accordance as of November 10, " :Ie 5. I 73 2 nr:: 'srp mr; TMrtCfTir IT'' ''D' It I' "r; 'ji "VI sr,?,?, __I _i_,;;r_ ;;- ; i r ANNEX V Economic data 1. Gross national prodnct by industrial origin (In thousand 1nilli01~won; 1955 constant market prices 1961 constant market prices Cu"cnt mar/ut prius 1961 1962 1961 1962 1961 1962 Vallle Per Vallle Per Vatlle Per Value Pcr Value Per Vallle Per added cent added cmt added cent added cent added cent added unt Agriculture, forestry and fishery ;' ...... ; ...... 49.41 40.1 45.19 35.9 91.50 ;'7.9 82.98 33.6 91.50 37.9 96.13 34.4 Mining and quarrying ...... 2.58 2.1 3.10 2.5 4.94 2.0 5.94 2.4 4.94 2.0 6.27 2.3 Manufacturing ...... 17.20 14.0 19.82 15.7 30.07 12.5 34.91 14.1 30.07 12.5 37.20 13.3 Construction ...... 5.53 4.5 6.01 4.7 9.31 3.9 10.19 4.1 9.31 3.9 11.67 42 Electricity, water and sanitary services ...... 0.99 0.8 1.10 0.9 3.32 1.4 3.fA5 1.5 3.32 1.4 4.26 1.5 Transportation, storage and communications ...... 4.98 4.1 5.38 4.3 12/ 5.2 13.70 5.5 12.63 5.2 14.09 5.0 V\'holesale and retail trade ...... 17.36 14.1 18.56 14.7 31.59 13.1 33.70 13.6 31.59 13.1 37.92 13.6 Banking, insurance and rea! estate ...... 2.00 1.6 2.69 2.1 4.07 1.7 5.56 2.3 4.07 1.7 6.54 2.3 Ownership of dwellings ...... 7.43 6.0 7.60 6.0 14.08 5.8 14.44 5.8 14.08 5.8 13.89 5.0 ~ Public administration and defence ...... 4.97 4.0 5.28 4.2 18.11 7.5 19.39 7.8 18.11 7.5 24.24 8.6 Services .. ' ...... 9.16 7.4 9.62 7.7 19.03 7.9 20.00 8.1 19.03 7.9 24.43 8.7 Rest of the world ...... 1.43 1.2 1.50 1.2 2.76 1.1 2.82 1.1 2.76 1.1 3.07 1.1 ------Gross national I>roduct ...... 123.04 100 125.85 100 241.41 100 247.29 100 241.41 100 279.77 100 Annual rate of growth of gross national product ...... 2.3 2.4 15.9 Note: Figures for 1961 are revised estimates, and therefore differ from those in last year's report. Source: The Bank of Korea, Preliminary E,rtimates of Gross National Product for 1962. 2. Indcx numbers of industrial and agricultural production (1960 = 100) Pereentage Pl!7'centtlfle 1961 1962 change 1961 1962 change - Industrial production . 105.7 123.5 + 16.8 Agricultural production . 109.2 100.0 - 8.4 Mining .... i •••••••••••••••••••••••••••• 113.4 134.2 + 18.3 Cultivation . 112.8 102.3 - 9.3 Manufacturing . 104.3 121.8 + 16.8 Stock Raising . 92.9 91.0 - 2.0 Electricity . 104.3 116.5 + 11.7 Forestry i •••••••••••••••••••••• 93.4 87.2 - 6.6 Source: The Bank of Korea: Economic Trends, Problems and Policies in Korea, 1962-1963, p. 1. -."...... ,. v ~ " " - ...... o \000 'lO\Vt .j:>.c",w ...... I ~ ~ ~~~~~~~nO~0~~n~ ---"...... -.------~--~------3. Agricultural productiou (In th01lsand metric tons) GraiNs aNd Cotton aNd pu/us (d~a/ltd)' oil s.-..d crOI'Jb Fruit· 1961.. . 2,739.6 1,260.3 866.ze 31.3 141.1 8&>.9 1962 . 2,309.9 1,219.3 971.9 50.8 188.8 925.1 SOl/ree: The Bank of Korea: EeOllom;c Statistics l'earbook, 1963, pp. 154-157. a Covers: barley, naked barley, wheat, rye, Italian millet, barnyard millet, glutinous millet, sorghum, corn, buckwheat, soy beans, red beans, green beans, kidney beans, peas, peanuts, and others. b Covers: cotton, sesame, and castor seeds. c Cewers: apples, pears, persimmons, grapes, peaches. oranges. d Covers: radishes, chinese cabbage, cabbage, and green onions. e Revised figure. 4. Iudex uumber of iudustrial productiou (1960 = 100) TotGl Mining Ma'lII!actllr,'''1l Eltctridty Weight ...... -., ...... 100.0 15.2 80.5 4.3 Xumber of time series included ...... 167.0 11.0 155.0 1.0 During: 1958 ...... 80.0 54.7 85.5 89.0 1959 ...... , ...... 91.8 76.1 95.1 99.3 1960 ...... , ...... 100.0 100.0 100.0 100.0 196~ ...... 105.7 113.4 104.3 104.3 1952: 123.5 134.6 121.8 116.5 January ...... , ... , ... '" ..... '" 110.0 129.4 105.9 117.8 February ...... 104.5 118.4 102.1 100.7 March ...... 115.9 137.7 111.8 115.2 April ...... 117.4 128.5 115.7 109.0 :\1 ay ...... 127.7 124.5 129.0 115.4 June ...... 120.7 128.3 119.7 113.2 1963 : January ...... ~27.0 135.3 125.7 121.2 February ...... , ...... 130.6 143.2 129.2 112.4 :March .. , ...... 138.3 158.8 135.3 121.3 April ...... 137.4 149.8 135.9 122.2 May ...... , ...... 143.9 155.5 142.3 131.9 Junell ...... 140.3 144.0 140.3 128.3 +++ Source: The Bank of Korea, Monthly Statistical Rcvir&, August 1963 (Korean Edition), table 64, pp. 96-97. 11 Preliminary. 5. Budget (In thol/salld million WOIl) Fiscal year Fiscal year Rtceipts 1963 1962 Expendiftlre 1963 1962 1. Income tax . 4.41 3.67 1. General current expenses 31.35 30.15 2. Corporation tax . 1.99 1.20 (a) Salaries . 11.39 9.74 3. Inheritance tax . .05 .03 (b) Other .. 19.96 20.41 4. Business tax . 1.97 1.78 2. Defense . 21.25 20.77 (a) Corporation business tax . .80 .72 3. Investment and loans . 23.36 25.72 (b) Individual business tax . 1.17 1.06 4. Technical co-operation . .91 .91 5. Other taxes . 13.83 12.63 6. Customs duties . 5.85 5.52 • 7. Miscellaneous non-tax receipts .. 12.99 9.59 8. Illicit fortune disposal receipts .. .25 1.40 9. Monopoly profits . 4.26 4.23 10. Domestic horrowings . 4.14 7.06 (a) National bonds . 1.30 1.10 (b) Industrial reconstruction bonds 2.84 2.87 (c) Borrowing from the Bank of Korea . 3.09 11. Foreign aid .. 27.13 30.44 Counterpart fund . 27.13 30.44 TOTAL 76.87 77.55 TOTAL 76.87. 77.55 So/wee: Republic of Korea, Economic Planning Board: Republic of Korea GO~'enI11lmt Budget for Fiscal Year 1963, p. 3. 75 I 6. Important sources of revenue and heads of expenditure FiscaJ y,ar 1963 FiscaJ Y'clr 1962 (in tho1<.tand PffcmtafJ' to (in th01tsand Percnt/SfJ' of million uxm) totaJ b14dfJ,t miJlion tIIOn) total b14dfJ,t , Rec~'pts: Direct taxes . 8.42 10.95 6.68 8.61 Commodity taxes other than customs duties . 13.83 17.99 12.63 16.29 Customs duties . 5.85 7.W 5.52 7.12 Domestic borrowing . 4.14 5.39 7.06 9.10 Foreign aid . 27.13 35.29 30.44 39.25 59.37 77.2.2 62.33 80.37 E~penditure : General expenses . 31.35 40.78 30.15 38.88 . t Defense . 21.25 27.64 20.77 26.78 Fiscal investment . 23.36 30.40 25.72 33.17 Technical training . .91 1.18 .91 1.17 76.87 100.00 77.55 100.00 S01Irce: Derived from table 5. .. 6A. Revisions to the Republic of Korea Budget for the fiscal year 1963 (In th01lSand million won) Under the re- Under the re- vised fitl/SnciaJ Under tM first Net change from vised financial Under the first Nri change from stabilization pro- supPlementary the original stabilizaticm pro- supplementary the originaJ gramme adopted b14dgel bill of budget for the gramme adopted b"dget bill of budget for tM R,ceipts on 30 April 1963 August 1963 fiscal year 1963 0" 30 April 1963 August 1963 fiscal year 1963 Taxes . + 2.775 + 0.022 + 2.797 General current expenses . Custom duties . + 0.690 + 0.690 - 0.149 + 0.971 + 0.822 Miscellaneous non- Defence . - 0.061 + 0.242 + 0.181 tax receipts .... - 2.557 - 0.464 - 3.021 Investment and Illicit fortune dis loans . - 3.305 - 0.025 - 3.330 posal receipts .. + 0.173 + 0.173 Technical co-oper- Monopoly profits + 0.053 + 0.287 + 0.340 ation . - 0.910 - 0.910 Vested property receipts . - 0.077 - 0.077 Trust Fund and interest receipts + 0.321 + 0:321 Industrial Recon struction Bonds - 2.840 - 2.840 Foreign Aid: .... - 1.620 - 1.620 Counterpart funds ...... + 0.152 + 0.152 Acquisition cost - 0.862 - 0.862 Technical co operation - 0.910 - 0.910 TOTAL - 2.569 - 0.668 - 3.237 TOTAL - 3.515 + 0.278 - 3.237 Source: Economic Planning Board: Summary af the First Supple'mentary Revised Budget Bill far 1963, August 1963, pp. 4--7 and 33-34. 16 7. Mone,. ,uppl,. (In t1un4sand million 'f.tIOn) il End of: 1961 . 31.22 16.66 14.56 ~ 1962 . 36.71 18.00 18.71 .2 January . 32.18 16.20 15.98 .0 -l Febrnary . 31.87 16.38 15.49 ~5 March .. 32.69 16.07 16.62 April . 33.70 16.34 17.36 17 May .. 35.61 15.40 20.21 9 Junea . 37.10 15.50 21.60 ~ 30 June . 30.96 16.22 14.74 . t i8 1963: 17 January . 38.67 17.92 20.75 17 February . 37.20 16.70 20.50 March . 35.59 15.15 20.44 )0 April . 35.89 16.19 19.70 • May . 35.82 15.89 19.93 June . 35.51 15.83 19.68 Source: The Bank of Korea, Monthly Statistical Review, August 1963, (Korean Edition), table (2), p. 8. a Last date prior to the currency reform. ~ 8. Deposits of eommem.1 b.nks (In million won) ,r th~ first Nd chang~ from lemffltary th~ original 1et bill of budget for tM I nstallment /list 1963 fiscal year 1963 Total Checking Passbook Notic~ Time savings Savings Others :, 1961 ·0.971 + 0.822 December ...... '" ...... 19,310 4,926 5,159 1,007 2,801 385 2,138 2,894 ·0.242 + 0.181 y 1962 ·0.025 - 3.330 December ...... 29,054 5,709 5,403 1,745 5,218 2,141 2,493 6,345 -\ 1962 ·0.910 - 0.910 January ...... 19,455 4,497 5,564 900 3,402 n.a. 2,286 2,806 February ...... 20,896 4,647 5,650 973 3,111 481 2,344 3,690 , March ...... 22,219 4,590 5,632 1,186 3,648 569 2,301 4,293 April ...... 23,612 5,177 5,505 1,360 3,649 658 2,381 4,882 May ...... 27,200 5,523 5,445 1,349 4,518 802 2,392 7,171 ~ June ...... 28,130 3,243 4,290 1,760 4,601 895 1,666 11,675 1963 .. January ...... 26,550 5,186 5,449 1,498 4,807 2,384 2,815 4,411 February ...... 27,234 4,974 5,671 1,544 4,710 2,661 2,667 5,007 March ...... 28,589 5,206 5,513 2,189 4,982 2,912 2,619 5,168 '\ April ...... 27,762 4,748 5,328 2,014 5,171 2,945 2,716 4,841 May ...... 28,4S7 4,908 5,588 2,368 5,410 3,063 2,789 4,333 r 0.278 - 3.237 , June ...... 29,129 4,700 5,568 3,226 5,265 3,224 2,769 4,377 for 1963, August 1963, Source: The Bank of Korea, Monthly Statistical j?eview, October 1962, table (4), pp. 7-8, April 1963, table (4), pp. 7-8, and August 1963 (Korean Edition), table (5), p. 14. 77 I .. ,.\..... ;"~..~\r~\~ir.$~~ 'O'PiaIl' A" W4IMlll'liIllQI· __ I.m d araw·~ .. ~. I. ~~ 9. Loans and discounts by commercial banks 10. Index number of wholesale prices (continued) (In milli01l won) All cottlmoditirs Gral'KS excludi"g grai"s Bill Total Loalls disc"""trd Ot·rrdra/ts May . 249.1 291.1 235.2 June . 266.8 348.0 239.8 1961 July . 306.0 471.1 251.2 December 12,778 11,439 420 919 • 1 1962 Sote: The index numbers for 1%3 are based on 270 price I' series incorporating additional 44 price series. The new index December 20,906 16,594 2,684 1,628 is comparable with the one for prior years. SVI/rce: The Bank of Korea, !Ifonthly Statistical Review, 1962 August 1963, (Korean Edition), table (40), pp. 48-49. January 13,383 11,868 458 1,056 February ...... 13,718 11,991 509 1,218 March ...... 14,307 12,291 809 1,206 11. Exports I! April ...... , 15,367 13,154 817 1,3% (In thvusand US dollars) May ...... 17,726 14,974 862 1,890 1961 1962 June ...... 19,695 16,920 838 1,938 Food and live animals . 8,948 21,847 1963 Beverage and tobacco . 184 141 January 22,423 17,634 2,899 1,890 Crude materials, inedible oils other 1~ February ...... 23,030 18,504 2,709 1,818 than fuels . 20,958 19,372 :March ...... 23,363 19,020 2,709 1,634 ~Iineral fuels, lubricants and related April ...... 22,917 18,497 2,612 1,808 materials . 2,209 2,760 Animal and vegetable oils and fats May ...... , 22,931 18,540 2,611 1,780 (excluding essential oils) . 118 69 June ...... 22,769 18,321 2,607 1,841 Chemicals . 550 990 Source: The Bank of Korea, Monthly Statistical Review, Manufactured goods classified chiefly October 1962, table (4), pp. 7-8, and August 1963 (Korean by material . 4,004 6,177 Edition), table (5), pp. 14-15. Machinery and transport equipment 884 1,446 Miscellaneous manufactured articles 791 1,954 .. 1. Unclassified . 2,232 57 2. 3. TOTAL 40,878 54,813 4. 5. 6. Source: The Bank of Korea, Monthly Statistical Review, 7. 10. Index number of wholesale prices June 1963, table (40), p. 51. 8. (1955 = 100) /. 12. Imports All All commodities I commodities Grains excluding grains (In tlzOltsand US dollars) 1959 ...... 146.7 131.4 151.6 1961 1962 162.5 157.4 164.2 1960 ...... Food and live animals . 40,128 42,099 • 1961 ...... 192.3 195.3 191.2 Beverage and tobacco . 34 86 Crude materials, inedible oils except 1962 ...... , ...... 218.0 207.6 221.5 fuels . 63,294 89,690 January ...... 204.0 170.5 215.1 Mineral fuels, lubricants and related February ...... 209.8 186.1 217.7 materials . 27,362 ?D,606 March ...... 211.4 189.8 218.5 Animal and vegetable oils and fats 3,949 3,856 April ...... 213.8 200.8 218.2 Chemicals . 61,654 94,314 May ...... 218.0 213.7 219.5 Manufactured goods classified chiefly June ...... 220.1 218.1 220.7 by material . 39,540 73,093 July ...... 220.2 219.1 220.6 Machinery and transport equipment 42,392 69,783 Miscellaneous manufactured articles 5,689 10,241 1963 Unclassified 32,102 1,467 January ...... 226.7 224.1 227.6 February ...... 232.3 239.2 230.0 TOTAL 316,144 415,235 March ...... 232.9 240.5 230.3 Source: The Bank of Korea, Monthly Statistical Review, April ...... 239.0 261.8 231.5 June 1963, table (40), p. 51. 78 I. ~ Q_ ...__.... ••••-"'III! '11 (continued) All commoditi~s IS ..xclNdiHg gral'Hs 235.2 239.8 251.2 lased on 270 price s. The new index ltatistical Review, pp. 48-49. !961 1962 ,948 21,847 184 141 Source: The Bank of Korea, Monthly Statistical Review, August 1963, (Korean Edition), table (54), p. 89 and October 1962, table (45), p. 68. ,958 19,372 ., ,209 2,760 14. Gross domestic fixed capital formation by investment sponsor (1961 constant prices) 118 69 (In thousand million won) 550 990 1961 1962- 6,177 ,004 GO'l'eru· GO'l'crn- 884 1,446 Pri'l.late mcut Total Pri'l'ate mClIt Total 791 1,954 1. Agriculture, forestry and fishery .. - ...... 1.74 3.21 4.95 2.21 1.37 3.58 .. Mining and quarrying ...... , .. 0.86 0.15 1.01 0.60 0.03 0.63 .232 57 2. 3. Manufacturing • •••••••••••••••••••••••••• 0 ••• 0 •• 3.36 0.85 4.21 4.55 0.66 5.21 Construction 0.19 0.19 0.14 0.04 0.18 ,878 54,813 4...... 5. Electricity, water and sanitary services ...... 2.47 0.54 3.01 1.93 1.64 3.57 6. Transportation, storage and communications ...... 2.11 4.89 7.00 3.16 6.18 9.34 'tatistical Review, 7. Housing ...... -...... 3.73 0.03 3.76 3.64 0.01 3.65 8. Others .... · ... 0.··' ...... 2.86 2.75 5.61 4.81 3.56 8.37 Gross domestic fixed capital formation ...... 17.32 12.42 29.74 21.04 13.49 34.53 58.2 41.8 100.0 60.9 39.1 100.0 S01lrce: Bank of Korea: Research Department supplied the information to UNCURI(. a Preliminary. 961 1962 128 42,099 15. Gross domestic fixed capital formation by industrial use 34 86 (In thousand milliol~ wall) Cllrrent market Prices 294 89,690 1961 COllstant market prices 1961 1962- 1961 1962- 362 ;·(),606 Amount Per cent Amount Per cent Amount Per Ci11.t Amount Per cent 949 3,856 Primary industry . 4.95 16.6 4.04 1O.S 4.95 16.6 3.58 10.4 654 94,314 Secondary industry . 5.41 18.2 6.55 16.9 5.41 18.2 6.02' 17.4 Tertiary industry . 19.38 65.2 28.05 72.6 19.38 65.2 24.93 72.2 Electricity, water and sanitary 540 73,093 services . 3.01 10.2 4.04 10.5 3.01 10.2 3.57 10.3 392 69,783 :Jwellings . 3.76 12.6 4.20 10.8 3.76 12.6 3.65 10.6 Transportation, storage and com- 689 10,241 munications . 7.00 23.5 10.40 26.9 7.00 23.5 9.34 Z~~.O 102 1,467 Others . 5.61 18.9 9.41 24.4 5.61 18.9 8.37 24.2 Gross domestic fixed capital forma- 144- 415,235 tion . 29.74 100.0 38.64 100.0 29.74 100.0 34.53 100.0 tatistical Review, Source: See table 14. a Preliminary. I. 79 I~ 16. Grosa domestic fixed capital formation by source of funds /1961 constallt mark~t prices) (Ill th01lsand million won) 1961 1962' 's Fordgn Loral Total Furcign I_"raJ Total 1. Agriculture, forestry and fishery . 0.13 4.82 4.95 0.35 3.23 3.58 2. ~lining and quarrying .. 0.40 0.61 1.01 0.15 0.48 0.63 3. Manufacturing . 2.31 1.90 4.21 2.48 2.73 5.21 4. Construction . 0.17 0.02 0.19 0.08 0.10 0.18 5. Electricity, water and sanitary services 1.32 1.69 3.01 0.24 3.33 3.57 6. Transport'1tion storage and communications 1.45 5.55 7.00 1.74 7.60 9.34 7. Ownership of dwellings .. 3.76 3.76 3.65 3.65 8. Others . 0.64 4.97 5.61 1.87 6.50 8.37 Gross domestic fixed capital formatbn ... 6.42 2~.32 29.74 6.91 27.62 34.53 Source: See tahle 1.1-, a Preliminary. ~r 17. Production plans of a few industries" Prrr('l1tage 19621> of the 1962 actual targrt 1963 1964 1965 1966 Electric Power in megawattsC Generation ...... 350 305 87.14 482 790 910 976 Installed Capacity . 434 434 100.00 531 835 944 1,010 Hydro-electric . 143 143 100.0 143 215 215 215 Thermal-electric . 291 291 100.0 388 620 729 795 Coal in thousand metric tons . 7,440 7,430.4 99.87 7,900 8,700 10,310 11,714 Iron ore in thousand metric tons . 500 470.7d 94.14 550 600 650 700 Cement in thousand t"1etric tons . 650 789.7 121.50 750 890 1,600 1,600 Fertilizer (Urea) i' thousand metric tons . 85 81.3 95.65 145 170 170 170 Petroleum refinery capacity in thousand barrels per year . 5,675 9,080 Viscose rayon yarn in thousand lb. .. 11,000 12,000 Source: II Republic of Korea: Economic Planning Board, Bureau of Secondary Industries. b The Bank of Korea, Economic Statistics Yearbook 1963, pp. 180, 188-189 and 198. C In terms of kilowatt hours planned target was 1945.66 million kWh and the result achieved was 1978.51 million kilowatt hours being 101.7 per c~nt of the target. d 45-57 per cent content. 18. Production plans of the agricultural sector (In thousand metric tons) Percentage 1962' of the Item 1962 actuaJ target 1963 1964 1965 1966 Rice ., ...... 2,576.9 2,309.9 89.6 2,680.8 2,796.3 2,932.8 3,085.1 Barley ...... 838.8 854.5 101.9 874.2 900.8 940.6 973.0 Wheat ...... 122.5 118.5 96.7 126.7 130.8 135.0 139.2 Miscellaneous cerealsb ...... 111.4 122.7 110.1 118.7 128.3 150.8 162.6 Pulsesc ...... 170.0 181.1 106.5 185.5 220.6 242,7 277.3 d \' Potatoes ...... '" 905.3 953.9 105.4 999.5 1,107.2 1,205.4 1,337.1 Source: Republic of Korea: Economic Planning Board, Bureau of Primary Industry. a The Bank of Korea: Economic Statistics Yea/-book, 1963, pp. 154-156. b Covers: Rye, Italian millet, barnyard millet, glutinous millet, corn, sorghum and buckwheat. " Covers: Soy beans, red beans, green beans, kidney beans, peas, peanuts, and others. d Covers: Sweet and white potatoes. 80 '-""~"'''''''''''''''·'"''·.''''-~''''''''''''''·~~I••••••IIF.F.iInll'llltzlt'~:~"""""-'i~~*~ 19. Production plans for fishe:-ies (In thousand metric tOllS) P~r~~ntage 1962- of the It~m 1962 actllal targ~t 1963 1964 1965 1966 1962' III l.jltal Total Fish ,," ".,.,., .. ,. 308 297.24 96.51 337 365 393 421 3.23 3.58 Shell Fish ,., ", .. ,. 15 19.99 133.27 16 17 18 19 0,48 0.63 Sea-weed ', .. ,.,., ',.,.',,.,,' 35 45.61 130.31 37 39 41 43 2.73 5.21 Others "", .. 74 87.54 118.30 78 82 85 88 0.10 0.18 TOTAL 432 450.39 104.26 468 503 537 571 3.33 3.57 7.60 9.34 Soltl'ce: Republic of Korea, Economic Planning Board, Bureau of Primary Industry. 3,65 3.65 a The Bank of Korea, E.conomic ')talistics Yearbook 1963, p. 165. 6.50 8.37 27.62 34.53 20. Technical manpowe!' requirements envisaged in the Five-Year Plan of Technical Development Bas~ Year (1961) 1962 1963 1964 1966 Total ...... 299,414 349,436 418,164 495,632 549,768 601,763 Engineers ...... 8,616 10,994 12,814 15,032 17,055 19,411 Technicians ...... 11,128 55,509 66,219 78,266 87,739 97,059 J> Craftsmen ...... 279,670 282,933 339,131 402,334 444,974 485,293 964 1965 1966 Suurce: Republic of Korea: Economic Planning Board, First Five- Year Plan for Tcclmica1 Development, Supplement to ~ the First Fbe-Year Economic Plall, table 5-2, p. 25. 90 910 976 35 944 1,010 15 215 215 ',' 21. ·Activities of the National Reconstruction Movement 20 729 795 00 10,310 11,714 " From 1 Jatlllary to In 1962 30 MaI'ch 1963 ;00 650 700 .' 90 1,600 1,600 Land reclamation (in pyungs)" '. 58,117,161 1,425,479 70 170 170 Tree plantation (number of trees) ., ,. 103,743,425 18,592,574 F~rm road construction (in metres) ,. 49,996,182 1,573,021 5,675 9,080 \Vater irrigation (in metres) " .. ," 2,672,303 262,720 11,000 12,000 Dike construction (in metres) ' ,. . .. 689,462 46,467 Community halls (number of) . 6,869 565 Fish pond (in pyungs)a . 565,128 (,7,670 I: \Vater reservoir (in pyungs)a ,. 2,618,395 ;,5,515 IS 1978.51 million kilowatt Literacy campaign (number of classes) ,.,. 627,263 98,212 Sanitation well improvement (number of households covered) , . 197,510 11,934 Toilet improvement (idem) .. 1,366,330 99,523 Fence improvement (idem) . 6,537,463 106,033 Home heating improvement (idem) . 2,763,971 149,649 Rice saving movement (in suks)b . 19,735 7,917 Food improvp.ment training (number of classes) .. 6,928 Clothing improvement training (number of classes) 5,804 1965 1966 ~ Community public baths (number of) .. 16 40 Public barber shops (number of) . 11 80 2,932.8 3,085.1 Community libraries (number of) . 587 123 940,6 973.0 .. 135.0 139.2 SOlwce: Information supplied to UNCURK by the Headquarters of the National R€• 150.8 162.6 construction Movement. 242.7 277.3 a 1 acre = 1,224.2 pyungs. 1,205.4 1,337.1 b 1 metric ton = 6.9 suks. ,vheat. 81 I ...... :-...,.------.-.-.-.------...... --..-=--_.__...... 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