The President is the head of state and represents the state in international affairs. The President is also the head of the executive branch, and the commander-in-chief of the armed forces. In case of the President's death or disability, the Prime Minister will temporarily act as the President according to an order of succession provided by law.
The President is elected for a single five-year term by popular vote through universal, equal, direct, secret balloting.
The power and duties of the President are defined in the following six areas. First, the President, as head of state, symbolizes and represents the whole nation in both the governmental system and foreign relations. He receives foreign diplomats, awards decorations and other honors, and performs pardoning functions. Upon inauguration, he is to take the oath of his duties to safeguard the independence,
territorial integrity, and continuity of the state, as well as to protect the
Constitution. In addition, he is entrusted with the unique duty to pursue the
peaceful unification of the Korean Peninsula.
Second, the President, in his capacity as chief executive, enforces all laws
passed by the legislature and issues orders and decrees for the enforcement
of these laws. The President has the full power to direct the State Council
and oversee a varying number of advisory organs and executive agencies. He is
authorized to appoint public officials, including the Prime Minister and heads
of executive agencies.
Third, the President, in his capacity as commander-in-chief of the armed forces,
has extensive authority over military policy, including the power to declare
war.
Fourth, the President is chief policy maker and chief lawmaker. He may propose
legislative bills to the National Assembly or express his views to the legislature
in person or in writing. The President cannot dissolve the National Assembly;
rather, it is the National Assembly that may hold the President accountable
under the Constitution by means of the impeachment process.
Fifth, the President is vested with extensive emergency powers. In case of internal
turmoil, external menace, natural disaster or severe financial or economic crisis,
the President can take emergency financial and economic actions or issue orders
that have the effect of law. The President can excercise these powers only when
there is insufficient time to convene the National Assembly, and the actions
or orders are absolutely essential to maintaining national security or public
order. The President must subsequently notify, and obtain the concurrence of,
the National Assembly. If he is unsuccessful in doing so, the measures will
be nullified.
Sixth, the President is also empowered to declare a state of martial law in
accordance with the provisions of the law in time of war, armed rebellion, or
similar national emergency. The exercise of such emergency power is, however,
subject to subsequent approval of the National Assembly.
Presidential Agencies
In performing his executive functions, the President is assisted by several
agencies which provide advisory and staff services directly to the President.
They include the National Security Council, Advisory Coun-cil on Democratic
and Peaceful Unification, Presidential Council on Science and Technology, the
Presidential Commission on Small and Medium Business, Civil Service Commission,
Korea Independent Commission Against Corruption, and Truth Commission on Suspicion
Deaths. Each of these commissions and councils is headed by a minister-level
official responsible for preparing policies for the President.
In addition to the commissions/councils listed above, the President has two
agencies under his control. They are the Board of Audit and Inspection and the
National Intelligence Service. Heads of these organizations are appointed by
the President. The presidential appointment of the head of the Board of Audit
and Inspection is subject to the approval of the National Assembly.
The Board of Audit and Inspection has the authority to audit the accounts of
central and local government agencies, government corporations and related organizations.
The Board is also vested with the power to inspect abuses of public authority
or misconduct by public officials in their official duties. The findings are
reported to the President and the National Assembly, although the Board is responsible
only to the chief executive.
The National Intelligence Service is authorized to collect strategic intelligence
primarily of external origin. It plans and coordinates the intelligence and
security functions of the government.
The public school system for primary and secondary education and the entire
police force are under the central government. |