23年 4月 21日1

Presidential RegimePresidential Regimeand the Korean Model of and the Korean Model of

Democratic TransitionDemocratic Transition

Jeongmin SeoGraduate School of International and Area

StudiesHankuk University of Foreign Studies

CSID-Tunisia Conference

An Overview of Constitution Transitions An Overview of Constitution Transitions Regarding Presidential System in Korea 1 Regarding Presidential System in Korea 1

Enactment/Amendment

Major Change Background

Establishment of Constitution in July 1948

-presidential system-indirect election of president-limitation of three four year consecutive terms-4 year unicameral parliament

-establishment of ROK-Pres. Rhee objected proposed parliamentary cabinet system

The First Amendment in Jul. 1952

-direct election of president-bicameral legislature

-Pres. Rhee controlled the amendment process through his suppression of PMs

The 2nd Amendment in Nov. 1954

-removal term limits for thepresident

-Rhee again forced an amendment after his being sworn in for the third term

The 3rd Amendmentin Jun. 1960

-parliamentary cabinet system-a figurehead president-bicameral legislature

-more democratic constitution after the 4.19 uprising

An Overview of Constitution Transitions An Overview of Constitution Transitions Regarding Presidential System in Korea 2Regarding Presidential System in Korea 2Enactment/Amendment

Major Change Background

The 4th Amendment in Nov. 1960

-added a special provision to the Constitution which enabled the National Assembly to enact retroactive laws aimed at punishing ex-regime supporters

-to punish those involved in election fraud, responsible for the killing of people protesting such frauds

The 5th Amendment in Dec. 1962

-the presidential system back in place-limitation of two 4 year consecutive terms- 4 year term single-house legislature back in place

-the 1960 version was nullified after the May 1961 coup-the third republic’s constitution

The 6th Amendment in Oct. 1969

-relaxing restrictions on the number of consecutive terms a president could serve-the limit was raised from two terms to three

-enabling President Park Chung Hee to seek a third consecutive term. 

The 7th Amendment in Dec. 1972

-eliminating restrictions on the number of terms of the president-six year terms fro the president-indirect election of the president through a newly created electoral college

-the fourth republic (Yusin) constitution-giving the president sweeping powers with the authority to fill one-third of the seats in the National Assembly, to dissolve the National Assembly, and to issue emergency decrees-allowing the president to rule for life

An Overview of Constitution Transitions An Overview of Constitution Transitions Regarding Presidential System in Korea 3Regarding Presidential System in Korea 3

Enactment/Amendment

Major Change Background

The 8th Amendment in Oct. 1980

-a single seven-year term for the president-indirect election through a electoral college

-Pres. Park’s assassination in 1979-the beginning of the 5th Republic (a neo-military regime) in 1980 under Pres. Chun-limited restriction on power of president

The 9th Amendment in Oct. 1987

-a single five-year term-direct election of president

-the current constitution -after the pro-democratic uprising in June 1987-the first constitution agreed by the ruling and opposition parties

Key Factors in Persistent Presidential Key Factors in Persistent Presidential System in KoreaSystem in Korea

US InfluenceNation-State Building Coping with Ideological Conflicts and RegionalismSecurity Issue with North Korea: National Unity Needed; Taking Advantage of the Security Environment during the Cold War by the RegimesTradition of Strictly Hierarchical Society and Great Respect for Authority, Age and SeniorityA String Leadership Needed to ReconstructionSupport for the Developmental AuthoritarianismNo Two-Party SystemFragile Technocrat-Bureaucratic System

GDP Growth in KoreaGDP Growth in Korea

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23年 4月 21日8

23年 4月 21日9

Current Debate on Semi-Presidential Current Debate on Semi-Presidential System in KoreaSystem in Korea

Introduction of Semi-Presidential System is Very Hot Issue in KoreaReducing Presidential PowerMixed with Partial Parliamentary System giving more authority and power to Prime Minister who represents a ruling party but share, check and balance presidential powerTwo 4-year Consecutive Terms of Presidency

Applicability of Korean Model of Presidential Applicability of Korean Model of Presidential System to TunisiaSystem to Tunisia

Something to Learn, but Not ApplicableSimilarities: Colonial Experience, Ideological Division, Relatively Positive National Unity, Economic Environment Differences: Degree of External Security Threat; Religion-Related Factor; Economic and Industrial Development;Possible Parliamentary System in Tunisia: Experience of Authoritarian Presidential System and Good Environment of Two Party SystemPresidential System Recommended for Develop Economy and Industrialization