Info
Direct Democracy
DD002
Direct Democracy Provisions (National Level)
Question: Are there any Legal Provisions for Direct Democracy Procedures at the national level?
Answer:
a . Yes
Comments: 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.
The following matters are referred to the State Council for deliberation: [...] 3) Draft amendments to the Constitution, proposals for national referendums, proposed treaties, legislative bills, and proposed presidential decrees.
The proposed amendments to the Constitution are submitted to a national referendum not later than thirty days after passage by the National Assembly, and are confirmed by more than one half of all votes cast by more than one half of voters eligible to vote in elections for members of the National Assembly."
Source: The Constitution of the Republic of Korea, Article 72, 89 (3), 130: https://elaw.klri.re.kr/eng_service/lawView.do?lang=ENG&hseq=1
Verified: 2024/08/28
DD003
Mandatory referendums (national level)
Question: Are there any Legal Provisions for Mandatory Referendums at the national level?
Answer:
a . Yes
Comments: The proposed amendments to the Constitution are submitted to a national referendum not later than thirty days after passage by the National Assembly, and are confirmed by more than one half of all votes cast by more than one half of voters eligible to vote in elections for members of the National Assembly."
Source: The Constitution of the Republic of Korea, Article 130: https://elaw.klri.re.kr/eng_service/lawView.do?lang=ENG&hseq=1
Verified: 2024/08/28
DD004
Optional referendums (national level)
Question: Are there any Legal Provisions for Optional Referendums at the national level?
Answer:
a . Yes
Comments: 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.
Source: The Constitution of the Republic of Korea, Article 72: https://elaw.klri.re.kr/eng_service/lawView.do?lang=ENG&hseq=1
Verified: 2024/08/28
DD005
Citizens' Initiatives (national level)
Question: Are there any Legal Provisions for Citizen’s Initiatives at national level?
Answer:
b . No
Comments:
Source: https://www.idea.int/data-tools/data/country?country=119&database_theme=309
Verified: 2024/08/28
DD006
Agenda Initiatives (national level)
Question: Are there any Legal Provisions for Agenda Initiatives at national level?
Answer:
b . No
Comments:
Source: https://www.idea.int/data-tools/data/country?country=119&database_theme=309
Verified: 2024/08/28
DD007
Question: Are there any Legal Provisions for Recalls at national level?
Answer:
a . Yes
Comments: Article 92: Any voter, who has an objection to the validity of the national referendum, may bring an action to the Supreme Court against the chairman of the Central Election Management Commission with the support of one hundred thousand or more voters within twenty days from voting day.
Source: National Referendum Act Article 92: http://elaw.klri.re.kr/eng_mobile/viewer.do?hseq=15810&type=part&key=3
Verified: 2024/08/28
DD129
Question: Are the results of referenda always binding, never binding or sometimes binding?
Answer:
b . Sometimes binding
Comments: Any voter, who has an objection to the validity of the national referendum, may bring an action to the Supreme Court against the chairman of the Central Election Management Commission with the support of one hundred thousand or more voters within twenty days from the voting day.
Source: Constitution of the Republic of Korea, Article 130: https://elaw.klri.re.kr/eng_service/lawView.do?lang=ENG&hseq=1
National Referendum Act Article 92-93: http://elaw.klri.re.kr/eng_mobile/viewer.do?hseq=15810&type=part&key=3 (2017)
Verified: 2024/08/28
DD130
Question: Are the types of issues to vote upon in a referendum constitutional changes only, other issues only or both constitutional and other issues?
Answer:
c . Both constitutional and other issues
Comments: 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.
Source: Constitution of the Republic of Korea, Article 72, 89, 130: https://elaw.klri.re.kr/eng_service/lawView.do?lang=ENG&hseq=1
Verified: 2024/08/28
DD131
Question: Are there any Legal Provisions for Direct Democracy at sub-national levels (regional or local)?
Answer:
a . Yes
Comments:
Source: https://www.idea.int/data-tools/data/country?country=119&database_theme=309
Verified: 2024/08/28
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Additional, but potentially outdated material is available here.
