CONSTITUTION OF THE REPUBLIC OF KOREA [See entire ACT]

CHAPTER II RIGHTS AND DUTIES OF CITIZENS

Article 10 (Guarantee of Human Dignity, Right)

All citizens shall be assured of human dignity and worth and have the right to pursue happiness. It is the duty of the State to confirm and guarantee the fundamental and inviolable human rights of individuals.

Article 11 (Equal Right, No Recognition of Privileged Caste, Awarding of Effects)

(1) All citizens shall be equal before the law, and there shall be no discrimination in political, economic, social or cultural life on account of sex, religion or social status.
(2) No privileged caste shall be recognized or ever established in any form.
(3) Awarding of decorations or distinctions of honor in any form shall be effective only for recipients, and no privileges shall ensue therefrom.

Article 12 (Personal Liberty, Binding Power of Confession)

(1) All citizens shall enjoy personal liberty. No person shall be arrested, detained, searched, seized or interrogated unless it is so authorized pursuant to statute. No person shall be punished, subject to preventive restrictions or to forced labor unless it is so authorized by an Act or without due process of law.
(2) No citizen shall be tortured or be compelled to testify against himself in criminal cases.
(3) For arrest, detention, seizure or search a warrant issued by a judge in due process of law upon request of a prosecutor shall be presented:Provided, That in a case where a criminal suspect is an apprehended flagrante delicto, or where there is danger that a person suspected of committing a crime punishable by imprisonment of three years or more may escape or destroy evidence, investigation authorities may request an ex post facto warrant.
(4) Any person who is arrested or detained shall have the right to prompt assistance of counsel. When a criminal defendant is unable to secure counsel by his own efforts, the State shall assign counsel for the defendant as prescribed by Act.
(5) No person shall be arrested or detained without being informed of the reason therefor and of his right to assistance of counsel. The family of a person arrested or detained and others as designated by statute shall be notified without delay of the reason for and the time and place of the arrest or detention.
(6) Any person who is arrested or detained shall have the right to request the court to review the legality of the arrest or detention.
(7) In a case where a confession is deemed to have been made against a defendant’s will due to torture, violence, intimidation, unduly prolonged arrest, deceit, etc., or in a case where a confession is the only evidence against a defendant in a formal trial, such a confession shall not be admitted as evidence of guilt, nor shall a defendant be punished by reason of such a confession.

Article 13 (Criminal Non-retroactivity, Prohibition of Retroactive legislation, The Involvement system)

(1) No citizen shall be prosecuted for an act which does not constitute a crime under the statute in force at the time when it was committed, nor shall he/she be punished over again for the criminal act for which he/she has been once punished.
(2) No citizen shall be restricted in his/her political rights, nor be deprived of property rights by means of retroactive legislation.
(3) No citizen shall suffer unfavorable treatment on account of an act not of his own doing but committed by a relative.

Article 14 (Freedom of Residence and Movement)

All citizens shall enjoy freedom of residence and movement.

Article 15 (Freedom of Occupation)

All citizens shall enjoy freedom of occupation.

Article 17 (Inviolable Right to Privacy of Life)

All citizens shall enjoy inviolable right to privacy of life.

Article 18 (Inviolable Privacy of Correspondence)

All citizens shall enjoy inviolable privacy of correspondence.

Article 19 (Freedom of Conscience)

All citizens shall enjoy freedom of conscience.

Article 20 (Freedom of Religion)

(1) All citizens shall enjoy freedom of religion.
(2) No state religion shall be recognized, and church and state shall be separated.

Article 21 (Freedom of Speech, the Press, Assembly and Association)

(1) All citizens shall enjoy freedom of speech and the press and enjoy freedom of assembly and association.
(2) Licensing or censorship of speech and the press, and licensing of assembly and association shall not be recognized.
(3) Facility standards of news services and broadcasts, and matters necessary to ensure the functions of newspapers shall be determined by Act.
(4) Neither speech nor the press shall violate the honor or rights of other persons nor undermine public morals or social ethics. Should speech or the press violate the honor or rights of other persons, claims may be made for the damage resulting therefrom.

Article 22 (Freedom of Science, The Arts and Protection of Copy right)

(1) All citizens shall enjoy freedom of science and the arts.
(2) The rights of authors, inventors, scientists, engineers and artists shall be protected by Act.

Article 23 (Grantee and Limitation of Property)

(1) Right of property shall be guaranteed for any citizen. Contents and limitations thereof shall be determined by Act.
(2) Exercise of property rights shall conform to the public welfare.
(3) Expropriation, use or restriction of private property for public necessity and compensation therefor shall be governed by statute:Provided, That in such a case, just compensation shall be paid.

Article 24 (The Right to Vote)

All citizens shall have the right to vote under the conditions as prescribed by Act.

Article 25 (The Right to Hold Public Office)

All citizens shall have the right to hold public office under the conditions as prescribed by Act.

Article 26 (The Right to Petition)

(1) All citizens shall have the right to petition in writing to any governmental agency under the conditions as prescribed by Act.
(2) The State shall have the obligation to examine such petitions.

Article 27 (The Right to Trial, Presumption of Innocent, The Right to make Statement)

(1) All citizens shall have the right to trial according to law by judges qualified and appointed under the Constitution and Act.
(2) Citizens who are not on active military service or employees of the military forces shall not be tried by a court martial within the territory of the Republic of Korea, except in case of crimes as prescribed by Act involving important classified military information, sentinels, sentry posts, the supply of harmful food and beverages, prisoners of war and military Articles and facilities and in the case of the proclamation of extraordinary martial law.
(3) All citizens shall have the right to a speedy trial. The accused shall have the right to a public trial without delay in the absence of justifiable reasons to the contrary.
(4) The accused shall be presumed innocent until a judgment of guilt has been pronounced.
(5) A victim of a crime shall be entitled to make a statement during the proceedings of the trial of the case involved as under the conditions prescribed by Act.

Article 28 (Criminal Compensation)

In a case where a criminal suspect or an accused person who has been placed under detention is not indicted as provided by Act or is acquitted by a court, he/she shall be entitled to claim just compensation from the State under the conditions as prescribed by Act.

Article 29 (Reparation Liability of State, Public Organization)

(1) If any citizen is injured by unlawful act committed by a public official in the exercise of public office, he/she may claim just reparation against the State or public organization under the conditions as prescribed by Act. In this case, the public official concerned shall not be immune from liabilities.
(2) If any person on active military service or an employee of the military forces, a police official or others as prescribed by Act is injured in conjunction with performing official duties such as combat action, drill and so forth, he/she shall not be entitled to a claim against the State or public organization on the grounds of unlawful acts committed by public officials during those official duties, but shall be entitled only to compensations as prescribed by Act.

Article 30 (Injury Aid due to Criminal Acts)

Any citizen who has suffered physical injury or death due to criminal acts of others may receive aid from the State under the conditions as prescribed by Act.

Article 31 (An Equal Right, Obligation to Receive Education, Promotion of Lifelong Education)

(1) All citizens shall have an equal right to receive education corresponding to their abilities.
(2) All citizens who have children to support shall be responsible at least for their elementary education and other education as provided by Act.
(3) Compulsory education shall be free of charge.
(4) Independence, professionalism and political impartiality of education and the autonomy of university shall be guaranteed under the conditions as prescribed by Act.
(5) The State shall promote lifelong education.
(6) Fundamental matters pertaining to the educational system, including in-school and lifelong education, administration, finance, and status of teachers shall be determined by Act.

Article 32 (The Right and Obligation to Work, The Minimum Wage System, Preferred Opportunity for Men of National Merit)

(1) All citizens shall have the right to work. The State shall endeavor to promote employment of workers and to guarantee optimum wages through social and economic means and shall enforce a minimum wage system under the conditions as prescribed by Act.
(2) All citizens shall have the duty to work. The State shall prescribe by Act the extent and conditions of the duty to work in conformity with democratic principles.
(3) Standards of working conditions shall be determined by Act in such a way as to guarantee human dignity.
(4) Special protection shall be accorded to working women, and they shall not be subjected to unjust discrimination in terms of employment, wages and working conditions.
(5) Special protection shall be accorded to working children.
(6) The opportunity to work shall be accorded preferentially, under the conditions as prescribed by Act, to those who have given distinguished service to the State, wounded veterans and policemen, and members of the bereaved families of military servicemen and policemen killed in action.

Article 33 (The Right to Independent Association, etc.)

(1) To enhance working conditions, workers shall have the right to independent association, collective bargaining and collective action.
(2) Only those public officials who are designated by Act shall have the right to association, collective bargaining and collective action.
(3) The right to collective action of workers employed by major important defense industries may be either restricted or denied under the conditions as prescribed by Act.

Article 34 (Social Security)

(1) All citizens shall be entitled to a life worthy of human being.
(2) The State shall have the duty to endeavor to promote social security and welfare.
(3) The State shall endeavor to promote welfare and rights of women.
(4) The State shall have the duty to implement policies for enhancing welfare of senior citizens and the young.
(5) Citizens who are incapable of earning a livelihood due to a physical disability, disease, old age or other reasons shall be protected by the State under the conditions as prescribed by Act.
(6) The State shall endeavor to prevent disasters and to protect citizens from harm therefrom.

Article 35 (Environmental Rights)

(1) All citizens shall have the right to a healthy and agreeable environment. The State and all citizens shall endeavor to protect the environment.
(2) Substance of the right to environment shall be determined by Act.
(3) The State shall endeavor to ensure comfortable housing for all citizens through housing development policies and the like.

Article 36 (Guarantee of Family Life and Marriage, Protection of Mothers, Citizen Health)

(1) Marriage and family life shall be entered into and sustained on the basis of individual dignity and equality of the sexes, and the State shall do everything in its power to achieve that goal.
(2) The State shall endeavor to protect mothers.
(3) The health of all citizens shall be protected by the State.

Article 37 (Respect, Restriction of Citizens’ Freedoms and Rights)

(1) Freedoms and rights of citizens shall not be neglected on the grounds that they are not enumerated in the Constitution.
(2) Freedoms and rights of citizens may be restricted by Act only when necessary for national security, maintenance of law and order or for public welfare. Even when such restriction is imposed, essential aspects of the freedom or right shall not be violated

Article 38 (The Duty to Pay taxes)

All citizens shall have the duty to pay taxes under the conditions as prescribed by Act.

Article 39 (The Duty of National defense)

(1) All citizens shall have the duty of national defense under the conditions as prescribed by Act.
(2) No citizen shall be treated unfavorably on account of the fulfillment of his obligation of military service.

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