(1) The President shall be the Head of State and represent the State vis-a-vis foreign states.
(2) The President shall have the responsibility and duty to safeguard the independence, territorial integrity and continuity of the State and the Constitution.
(3) The President shall have the duty to pursue sincerely the peaceful unification of the homeland.
(4) Executive power shall be vested in the Executive Branch headed by the President.

(1) The President shall be elected by universal, equal, direct and secret ballot by the people.
(2) In case two or more persons receive the same greatest number of votes in the election as referred to in paragraph (1), the person who receives the greatest number of votes in an open session of the National Assembly attended by a majority of the total members of the National Assembly shall be elected.
(3) If and when there is only one presidential candidate, he/she shall not be elected President unless he/she receives at least one third votes of the total number of the electorate.
(4) Citizens who are eligible for election to the National Assembly, and who have attained to the age of forty years or more on the date of the presidential election, shall be eligible to be elected to the presidency.
(5) Matters pertaining to presidential elections shall be determined by Act.

(1) The successor to the incumbent President shall be elected seventy to forty days before his/ her 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 shall be elected within sixty days.

The President, at the time of his inauguration, shall take the following oath：“I do solemnly swear before the people that I will faithfully execute the Office of 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.”

The term of Office of President shall be five years, and the President shall not be reelected.

If the Office of President is vacant or the President is unable to discharge the powers and duties for any reason, the Prime Minister or the members of the State Council in the order of priority as determined by Act shall act for him/her.

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/she deems it necessary.

The President shall conclude and ratify treaties；accredit, receive or dispatch diplomatic envoys；and declare war and conclude peace.

(1) The President shall be Commander-in-Chief of the Armed Forces under the conditions as prescribed by the Constitution and Act.
(2) The organization and formation of the Armed Forces shall be determined by Act.

The President may issue presidential decrees concerning matters delegated to him/her by Act with the scope specifically defined and also matters necessary to enforce Acts.

(1) In case of internal turmoil, external menace, natural calamity or a grave financial or economic crisis, the President may take minimum necessary financial and economic actions or issue, in this regard, orders having the effect of Act, only when it is required to take urgent measures for maintenance of national security or public peace and order, and there is no time to await convening of the National Assembly.
(2) In case of grave state of hostilities affecting national security, the President may issue orders having the effect of Act, only when it is required to preserve the integrity of the nation, and it is impossible to convene the National Assembly.
(3) If the President has taken any action or issues any order pursuant to paragraphs (1) and (2), he/she shall promptly notify it to the National Assembly and obtain its approval.
(4) If the President failed to obtain the approval as referred to in paragraph (3), the action or the order shall lose effect forthwith. In such case, the Acts which were amended or abolished by the order in question shall automatically regain their original effect at the moment the order failed to obtain approval.
(5) The President shall, without delay, put the developments under paragraphs (3) and (4) on public notice.

(1) When it is required to cope with a military necessity or to maintain the public safety and order by mobilizing the armed forces in time of war, armed conflict or similar national emergency, the President may proclaim martial law under the conditions as prescribed by Act.
(2) Martial law shall be 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 Act.
(4) When the President has proclaimed martial law, he/she shall notify it to the National Assembly without delay.
(5) When the National Assembly requests the lifting of martial law with the concurrence of a majority of the total members of the National Assembly, the President shall comply.

The President shall appoint and dismiss public officials under the conditions as prescribed by the Constitution and Act.

(1) The President may grant amnesty, commutation and restoration of rights under the conditions as prescribed by Act.
(2) No general amnesty shall be granted without the consent of the National Assembly.
(3) Matters pertaining to amnesty, commutation and restoration of rights shall be determined by Act.

The President shall award decorations and other honors under the conditions as prescribed by Act.

The President may attend and address the National Assembly or express his views by written message.

The acts of the President under state law shall be executed in writing, and such documents shall be countersigned by the Prime Minister and the members of the State Council concerned. The same shall apply to military affairs.

The President shall 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 Act.

The President shall not be charged with a criminal offense during his tenure of office except for insurrection or treason.

Matters pertaining to the status and courteous treatment of former Presidents shall be determined by Act.

(1) The Prime Minister shall be appointed by the President with the consent of the National Assembly.
(2) The Prime Minister shall assist the President and shall direct the Ministries of the Executive Branch under order of the President.
(3) No member of the military shall be appointed Prime Minister unless he/she is discharged from active duty.

(1) The members of the State Council shall be appointed by the President on the recommendation of the Prime Minister.
(2) The members of the State Council shall assist the President in the conduct of state affairs and, as constituents of the State Council, shall deliberate on state affairs.
(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 shall be appointed a member of the State Council unless he/she is discharged from active duty.

(1) The State Council shall deliberate on important policies that fall within the power of the Executive.
(2) The State Council shall be composed of the President, the Prime Minister, and other members whose number shall be no more than thirty and no less than fifteen.
(3) The President shall be the Chairman of the State Council, and the Prime Minister shall be the Vice-Chairman.

The following matters shall be 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 referenda, proposed treaties, legislative bills, and proposed presidential decrees；
4. Budgets, settlement of accounts, basic plans for disposal of state properties, contracts incurring financial burden 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 among the Ministries of the Executive；
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 Act；and
17. Other matters presented by the President, the Prime Minister or a member of the State Council.

(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 shall become the Chairman of the Advisory Council of Elder Statesmen：Provided, That if there is no immediate former President, the President shall appoint the Chairman.
(3) The organization, function and other necessary matters pertaining to the Advisory Council of Elder Statesmen shall be determined by Act.

(1) A National Security Council shall be established to advise the President on 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 shall be presided over by the President.
(3) The organization, function and other necessary matters pertaining to the National Security Council shall be determined by Act.

(1) An Advisory Council on Democratic and Peaceful Unification may be established to advise the President on formulation of peaceful unification policy.
(2) The organization, function and other necessary matters pertaining to the Advisory Council on Democratic and Peaceful Unification shall be determined by Act.

(1) A National Economic Advisory Council may be established to advise the President on formulation of important policies for developing the national economy.
(2) The organization, function and other necessary matters pertaining to the National Economic Advisory Council shall be determined by Act.

Heads of the Ministries of the Executive shall be appointed by the President from among members of the State Council on the recommendation of the Prime Minister.

The Prime Minister or the head of each Ministry of the Executive may, under the powers delegated by Act or Presidential Decree, or ex officio, issue ordinances of the Prime Minister or the Ministry of the Executive concerning matters that are within their jurisdiction.

The establishment, organization and competence of each Ministry of the Executive shall be determined by Act.

Article 97 (The Job Performances and Jurisdiction)
The Board of Audit and Inspection shall be established under the direct jurisdiction of the President to inspect and examine settlement of the revenues and expenditures of the state, the accounts of the state and other organizations specified by Act and the job performances of the executive agencies and public officials.

(1) The Board of Audit and Inspection shall be composed of no less than five and no more than eleven members, including the Chairman.
(2) The Chairman of the Board shall be appointed by the President with the consent of the National Assembly. The term of office of the Chairman shall be four years, and he/she may be reappointed only once.
(3) The members of the Board shall be appointed by the President on the recommendation of the Chairman. The term of office of the members shall be four years, and they may be reappointed only once.

The Board of Audit and Inspection shall inspect the closing of accounts of revenues and expenditures each year, and report the results to the President and the National Assembly in the following year.

The organization and competence of the Board of Audit and Inspection, the qualifications of its members, the range of the public officials subject to inspection and other necessary matters shall be determined by Act.