Legislative system

The Korean legislative system (한국의 입법제도/韓國 立法制度) consists of the Constitution as the paramount law, Acts to realize the constitutional notions, and administrative legislation including Presidential Decrees, Ordinances of the Prime Minister, Ordinances of Ministries and so forth to effectively implement the Acts.

Since the Acts and subordinate statutes form a certain hierarchy, subordinate statutes that are enacted under powers delegated by Acts or are enacted for the purpose of enforcing Acts are not permitted to contain details in conflict with such Acts.

For cases on whether subordinate statutes are in conflict with Acts, which are raised in the course of enforcing such Acts, the Adjudication on the Constitutionality of Acts and the Constitutional Complaints of the Constitutional Court address on whether any Act is in violation of the Constitution.

Furthermore, the Supreme Court holds the authority to make a final review on whether any order, rule, or disposition is in violation of the Constitution or Acts.

As for the legislative process in Korea, see Legislative process.

Key words
legislation, Constitution, Acts, subordinate statutes, hierarchy

Constitution
The Constitution, as the paramount law, stipulates fundamental matters pertaining to the rights and obligations of the people, fundamental structures of the Government, economic order, management of elections and so forth.

The Constitution is the standard for the legislation and amendment of Acts and subordinate statutes of the Republic of Korea. If an Act, Presidential Decree or, etc. are in violation of the Constitution, the Constitutional Court makes a decision on unconstitutionality of the relevant Act or Presidential Decree by referring to the provisons and preamble of the Constitution and interpreting the basic constitutional notions.

Acts
Under the Constitution, Emergency Executive Orders and Emergency Financial and Economic Executive Orders issued by the President have the effect identical to the Acts.

Acts are the forms of legal norms stipulated by the legislative principles of the National Assembly and prescribe the principle of legality, principle of legislated taxation, requirements for acquisition of Korean nationality, expropriation and indemnity of property rights, establishment of Ministries and categories of local governments, etc.

All of the rights and freedoms of the people may be restricted by Acts in cases where it is deemed necessary to do so for the purpose of safeguarding national security and maintaining public order or public welfare, and even if such rights and freedoms are restricted, essential elements of such rights and freedoms are protected from being infringed on.

Emergency executive orders and emergency financial and economic executive orders are issued by the President in the event of any national emergency. They have the effect of Acts only when the President obtains such approval from the National Assembly.

International Treaties
International treaties are agreements concluded in writing among nations while international laws are international customs and the enforcement power of which is generally recognized by the international community. The Constitution of the Republic of Korea stipulates the observance of international law, and prescribes that treaties concluded and promulgated under the Constitution and international laws generally recognized have the same effect as those of domestic laws.

"The same effect as those of domestic laws" refers to the fact that any treaties or international laws falling under any domestic Acts or subordinate statues have the same effect as those of the relevant domestic Acts or subordinate statutes respectively. In cases where the Government concludes any treaty in conflict with domestic Acts, the Government is required to seek consent from the National Assembly.

Some treaties require legislative measures for enactment as domestic Acts in order to be implemented.

Orders
Orders belong to the Administrative legislation. Orders refer to all of subordinate statutes (excluding any treaties, international laws, and municipal ordinances and rules) prescribed by administrative power.

Administrative legislation includes Presidential Decrees, Ordinances of the Prime Minister and Ministries, and administrative rules.

Presidential Decrees issued by the President who is the head of the Executive, consist of delegated orders and execution orders. The jurisdiction of such orders extends over all administrative affairs under the jurisdiction of the Executive.

The Ordinances of the Prime Minister are enacted with respect to matters under the jurisdiction of the Ministry of Planning and Budget, the Ministry of Government Legislation, the Ministry of Patriots and Veterans Affairs, etc. that are administrative agencies under the direct supervision of the Prime Minister among the Ministries of the Executive. Ordinances of the Prime Minister are generally viewed to stand on par with Ordinances of Ministries in their hierarchy.

Internal Rules of Constitutional Institutions
The National Assembly, Supreme Court, Constitutional Court, or National Election Commission may lay down their internal rules to the extent of not in conflict with Acts.

Ordinances and Rules of Local Governments
The Constitution guarantees self-governance of local governments.

Local governments exercise autonomous legislative powers to lay down local Ordinances and Rules. Municipal Ordinances are laid down after going through deliberation thereon by local councils. Municipal Rules are laid down by the heads of local governments.