The Executive

Section 1  The President
 
Article 66  [Head of State]
(1) The President is the Head of State and represents the State vis-a-vis foreign states.
(2) The President has the responsibility and duty to safeguard the independence, territorial integrity, and continuity of the State and the Constitution.
(3) The President has the duty to pursue sincerely the peaceful unification of the homeland.
(4) Executive power is vested in the Executive Branch headed by the President.
 
Article 67  [Election]
(1) The President is elected by universal, equal, direct, and secret ballot by the people.
(2) In case two or more persons receive the same largest number of votes in the election as referred to in Paragraph (1), the person who receives the largest number of votes in an open session of the National Assembly attended by a majority of the total members of the National Assembly is elected.
(3) If and when there is only one presidential candidate, he shall not be elected President unless he receives at least one-third of the total eligible votes.
(4) Citizens who are eligible for election to the National Assembly, and who have reached the age of forty years or more on the date of the presidential election, are eligible to be elected to the presidency.
(5) Matters pertaining to presidential elections are determined by law.
 
Article 68  [Succession]
(1) The successor to the incumbent President is elected seventy to forty days before his term expires.
(2) In case a vacancy occurs in the office of the President or the President-elect dies, or is disqualified by a court ruling or for any other reason, a successor is to be elected within sixty days.
 
Article 69  [Oath]
The President, at the time of his inauguration, takes the following oath:
"I do solemnly swear before the people that I will faithfully execute the duties of the President by observing the Constitution, defending the State, pursuing the peaceful unification of the homeland, promoting the freedom and welfare of the people, and endeavoring to develop national culture."
 
Article 70  [Term]
The term of office of the President is five years, and the President cannot be reelected.
 
Article 71  [Vacancy]
If the office of the presidency is vacant or the President is unable to perform his duties for any reason, the Prime Minister or the members of the State Council in the order of priority as determined by law act for him.
 
Article 72  [Referendum on Policy]
The President may submit important policies relating to diplomacy, national defense, unification, and other matters relating to the national destiny to a national referendum if he deems it necessary.
 
Article 73  [Treaties, Foreign Affairs]
The President concludes and ratifies treaties; accredits, receives, or dispatches diplomatic envoys; and declares war and concludes peace.
 
Article 74  [Armed Forces]
(1) The President is Commander-in-Chief of the Armed Forces under the conditions as prescribed by the Constitution and law.
(2) The organization and formation of the Armed Forces is determined by law.
 
Article 75  [Decrees]
The President may issue presidential decrees concerning matters delegated to him by law with the scope specifically defined and also matters necessary to enforce laws.
 
Article 76  [Emergency Powers]
(1) In time of internal turmoil, external menace, natural calamity, or a grave financial or economic crisis, the President may take in respect to them the minimum necessary financial and economic actions or issue orders having the effect of law, only when it is required to take urgent measures for the maintenance of national security or public peace and order, and there is no time to  await the convocation of the National Assembly.
(2) In case of major hostilities affecting national security, the President may issue orders having the effect of law, only when it is required to preserve the integrity of the nation, and it is impossible to convene the National Assembly.
(3) In the case of actions taken or orders issued under paragraphs (1) and (2), the President promptly notifies the National Assembly and obtains its approval.
(4) If no approval is obtained, the actions or orders lose effect.  In that case, laws which were amended or abolished by the orders in question automatically regain their original effect at the moment the orders fail to obtain approval.
(5) The President hat to publicize, without delay, developments under paragraphs (3) and (4).
 
Article 77  [Martial Law]
(1) When it is required to cope with a military necessity or to maintain the public safety and order by mobilization of the military forces in time of war, armed conflict or similar national emergency, the President may proclaim martial law under the conditions as prescribed by law.
(2) Martial law takes one of two types: extraordinary martial law and precautionary martial law.
(3) Under extraordinary martial law, special measures may be taken with respect to the necessity for warrants, freedom of speech, the press, assembly and association, or the powers of the Executive and the Judiciary under the conditions as prescribed by law.
(4) When the President has proclaimed martial law, he has to notify the National Assembly without delay.
(5) When the National Assembly requests the lifting of martial law with the concurrent vote of a majority of the total members of the National Assembly, the President has to comply.
 
Article 78  [Appointment, Dismissal of Public Officers]
The President appoints and dismisses public officers under the conditions prescribed by the Constitution and by law.
 
Article 79  [Amnesty]
(1) The President may grant amnesty, commutation and restoration of rights under the conditions as prescribed by law.
(2) The President needs the consent of the National Assembly in granting a general amnesty.
(3) Matters pertaining to amnesty, commutation and restoration of rights are determined by law.
 
Article 80  [Decorations]
The President awards decorations and other honors under the conditions determined by law.
 
Article 81  [Address to National Assembly]
The President may attend and address the National Assembly or express his views by written message.
 
Article 82  [Countersignatures]
The acts of the President under law are to be executed in writing, and such documents must be countersigned by thePrime Minister and the members of the State Council concerned.  The same applies to military affairs.
 
Article 83  [Incompatibilities]
The President may not concurrently hold the office of Prime Minister, a member of the State Council, the head of any Executive Ministry, nor other public or private posts as prescribed by law.
 
Article 84  [Immunity]
The President cannot be charged with a criminal offense during his tenure of office except for insurrection or treason.
 
Article 85  [Former Presidents]
Matters pertaining to the status and courteous treatment of former Presidents are determined by law.
 
Section 2  The Executive Branch
 
Subsection 1  The Prime Minister and Members of the State Council
 
Article 86  [Prime Minister]
(1) The Prime Minister is appointed by the President with the consent of the National Assembly.
(2) The Prime Minister assists the President and directs the Executive Ministries from active duty.
(3) No Member of the Military can be appointed Prime Minister unless he is retired from active duty.
 
Article 87  [Members of State Council]
(1) The members of the State Council are appointed by the President on the recommendation of the Prime Minister.
(2) The Members of the State Council assist the President until the removal of a member of the State Council from office.
(3) The Prime Minister may recommend to the President the removal of a member of the State Council from office.
(4) No member of the military can be appointed a member of the State Council unless he is retired from active duty.
 
Subsection 2  The State Council
 
Article 88  [State Council]
(1) The State Council deliberates on important policies that fall within the Power of the Executive.
(2) The State Council is composed of the President, the Prime Minister, and other members numbering no more than thirty and no less than fifteen.
(3) The President is the chairman of the State Council, and the Prime Minister is the Vice-Chairman.
 
Article 89  [Competences]
The following matters are referred to the State Council for deliberation:
1) Basic plans for state affairs, and general policies of the Executive;
2) Declaration of war, conclusion of peace, and other important matters pertaining to foreign Policy;
3) Draft amendments to the Constitution, proposals for national referendums, proposed treaties, legislative bills, and proposed presidential decrees;
4) Budgets, settlement of accounts, basic plans for disposal of state properties, contracts incurring financial obligation on the State, and other important financial matters;
5) Emergency orders and emergency financial and economic actions or orders by the President, and declaration and termination of martial law;
6) Important military affairs;
7) Requests for convening an extraordinary session of the National Assembly;
8) Awarding of honors;
9) Granting of amnesty, commutation, and restoration of rights;
10) Demarcation of jurisdiction between Executive Ministries;
11) Basic plans concerning delegation or allocation of powers within the Executive;
12) Evaluation and analysis of the administration of State affairs;
13) Formulation and coordination of important policies of each Executive Ministry;
14) Action for the dissolution of a political party;
15) Examination of petitions pertaining to executive policies submitted or referred to the Executive;
16) Appointment of the Prosecutor General, the Chairman of the Joint Chiefs of Staff, the Chief of Staff of each armed service, the presidents of national universities, ambassadors, and such other public officials and managers of important State-run enterprises as designated by law; and
17) Other matters presented by the President, the Prime Minister, or a member of the State Council.
 
Article 90  [Advisory Council of Elder Statesmen]
(1) An Advisory Council of Elder Statesmen, composed of elder statesmen, may be established to advise the President on important affairs of State.
(2) The immediate former President becomes the Chairman of the Advisory Council of Elder Statesmen: Provided, that if there is no immediate former President, the President appoints the Chairman.
(3) The Organization, function, and other necessary matters pertaining to the Advisory Council of Elder Statesmen are determined by law.
 
Article 91  [National Security Council]
(1) A National Security Council is established to advise the President on the formulation of foreign, military, and domestic policies related to national security prior to their deliberation by the State Council.
(2) The meetings of the National Security Council are presided over by the President.
(3) The organization, function, and other necessary matters pertaining to the National Security Council are determined by law.
 
Article 92  [Advisory Council on Democracy and Peaceful Unification]
(1) An Advisory Council on Democratic and Peaceful Unification may be established to advise the President on the formulation of peaceful unification policy.
(2) The organization, function, and other necessary matters pertaining to the Advisory Council on Democratic and Peaceful Unification are determined by law.
 
Article 93  [National Economic Advisory Council]
(1) A National Economic Advisory Council may be established to advise the President on the formulation of important policies for developing the national economy.
(2) The organization, function, and other necessary matters pertaining to the National Economic Advisory Council are determined by law.
 
Subsection 3  The Executive Ministries
 
Article 94  [Heads of Ministries]
The Heads of Executive Ministries are appointed by the President from among members of the State Council on the recommendation of the Prime Minister.
 
Article 95  [Ordinances]
The Prime Minister or the head of each Executive Ministry may, under the powers delegated by law or Presidential Decree, or ex offcio, issue ordinances of the Prime Minister or the Executive Ministry concerning matters that are within theirjurisdiction.
 
Article 96  [Ministry Organization]
The establishment, organization, and function of each Executive Ministry are determined by law.
 
Subsection 4  The Board of Audit and Inspection
 
Article 97  [Board of Audit and Inspection]
The Board of Audit and Inspection is established under the direct jurisdiction of the President to inspect and examine the settlement of the revenues and expenditures of the State, the accounts of the State, and other organizations specified by law and the job performances of the executive agencies and public officials.
 
Article 98  [Membership, Term]
(1) The Board of Audit and Inspection is composed of no less than five and no more than eleven members, including the Chairman.
(2) The Chairman of the Board is appointed by the President with the consent of the National Assembly.  The term of office of the Chairman is four years, and he may be reappointed only once.
(3) The members of the Board are appointed by the President on the recommendation of the Chairman.  The term of office of the members is four years, and they may be reappointed only once.
 
Article 99  [Inspection, Report]
The Board of Audit and Inspection inspects the closing of accounts of revenues and expenditures each year, and reports the results to the President and the National Assembly in the following year.
 
Article 100  [Organization]
The organization and function of the Board of Audit and Inspection, the qualifications of its members, the range of the public official's subject to inspection, and other necessary matters are determined by law.