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Compare & Contrast Constitution of Republic of Korea & U.S.A

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Changwook Park

on 25 November 2012

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Transcript of Compare & Contrast Constitution of Republic of Korea & U.S.A

Compare and Contrast of the Constitution of Republic of Korea and U.S.A Constitution of Korea Constitution of U.S.A Korean Bill of Rights (Rights and the Duties of the People)
Guaranteed individual rights Total of 6 Bill of Rights and 130 articles & 9 amendments
1. Pursuit of happiness
2. Equality: There should be no unequal things such as racism, sexist, religion, handicapped, e.t.c
3. Freedom from governments: Governments can not interfere with peoples daily life or take anybody without an warrant
4. Franchise: Every body over 19 can participate on votes, e.t.c
5. Jury Trial on civil cases
6. Social Rights: The governments must help everyone who is socially disadvantaged. Bill of Rights of the U.S.A
(Guaranteed individual rights) Total of 27 amendments
1.Freedoms of Religion, Speech, Press, Assembly, and Petition
2.Right to Bear arms
3.Lodging troops in private homes
4.Search and seizure
5.Rights of the accused
6.Right to speedy trail by jury
7. Jury trial in civil cases
8. Bail and Punishment
9. Powers reserved to the people
10. Powers reserved to the states Popular Sovereignty/Republicanism The President: (But is ruled for the people)
-President is voted by 'Direct Election'
-Head of the government
-Stands at the apex of the executive branch
-Serves a single five-year term
-No additional terms allowed
-Prime Minister is the replacement in the event of presidential disability
-Major roles: (1) Head of State, (2) Chief administrator, (3) Commander-in-chief, (4) Top diplomat and foreign policy maker (5)Chief policy maker and key lawmaker Popular Sovereignty/Republicanism The President: (But is ruled for the people)
-President is elected by 'indirect election'
-Head of Government
-The apex of the executive branch
- Can serve for 10 years (Only if president dies and Vice Presidents becomes presidents for 4 years and gets re elected)
- Can get re elected by running a presidential campaign again after 4 years of running president
- Vice President is the replacement in the event of presidential disability
-Major roles: (1) Head of State, (2) Chief administrator, (3) Commander-in-chief, (4) Veto or Agree Bill Separation of Powers Legislative Branch Facts:
-Legislative power is held in the National Assembly
-Composed of 299 members (four-year terms)
-245 elected by popular vote
-54 elected through a proportional representation system
-A candidate must be at least 25 years old to be eligible for election
-Is selected by majority vote from each electoral district -There are 2 types of legislative sessions: Regular and Special
1) Regular session
- Assembles once a year from September through December
- Time limited to 100 days
2) Special session
- Assembled upon the request of the President (or quarter of the assembly members)
- President must specify the period of the session and the reasons for the request
- Time limited to 30 days - If a vote is tied, the matter is considered to be rejected by the Assembly - The Major Role of the Legislative Branch is to make Bills/Laws

- Others:
1) Approving the national budget
2) Problems related to foreign policy
3) Declares war
4) The stationing of Korean troops aboard of foreign forces within the country

- An appointed official may be changed by 1/3 vote of the Assembly

- The President may be changed by 2/3 or more of vote of the Assembly Judicial Branch Supreme Court- All court cases must be finalized at the supreme court (Judges decided by the president with permission of the National Assembly)
Constitutional Court- See's if any bill is constitutional or unconstitutional (Judges decided by the president based partly on nominations by National Assembly and Chief Judge of the court) Executive Branch The President:
-Stands at the apex of the executive branch

-Serves a single five-year term

-No additional terms allowed

-PM replacement in the event of presidential disability

-Major roles: (1) Head of State, (2) Chief administrator, (3) Commander-in-chief, (4) Top diplomat and foreign policy maker, and (5) Chief policy maker and key lawmaker Cabinet
-President performs his executive functions through the Cabinet

-PM is appointed by the President, approved by the National Assembly

-PM has the right to: (1) lead and supervise administrative ministries, (2) deliberate major state affairs, (3) act on behalf of the President, and (4) appear at the National Assembly

-Cabinet members are appointed by the President upon recommendation by the PM
-President has several agencies under his direct control in addition to the Cabinet Comparison & Similarities Popular Sovereignty/Republicanism Comparison
- Presidents are elected in different ways. Korea - direct election. U.S.A - in direct election
- Different amount of term for president. Korea - 5 years maximum. U.S.A - 10 years maximum
-Different replacement of president when presidential disability. Korea Prime minister replaces. U.S.A Vice President replaces
Similarities
-Both president of Korea & U.S.A is the head of the government
-Commander & Chief of the military
-Both Government is made to be ruled for the people Separation of Powers Legislative Branch Judicial Branch Executive Branch Congress Facts:
-U.S Congress's job is to make laws
-Have 2 types of Congress
(U.S House of Representatives, & the U.S Senate)
-How is the Congress made?
Both (U.S House of Representatives, & the U.S Senate)
is made up of the people from every state
-435 Seats in the House of Representatives (Number of Representative sent to the House is varied in size from state to state)
-Senate has always 2 representatives per state (Regardless of population size of state) Powers of Senate & House
-House
Can Introduce bills that can become laws
Can Introduce bills that have to do with government
spending
-Senate
Can Introduce bills that can become laws
Can Approve or reject treaties with other countries &
presidential nominations for government offices Includes:
The President, Vice President
& The heads of various departments
& agencies in the government Facts:
-Carries out laws, approves & recommends
new laws
-Directs National Defense
-Directs foreign policies
-President = Commander in Chief of all armed
forces
-President is assisted by various special advisers,
called the cabinet members
-Cabinet members = Advise President on policy issues
relating:
Foreign affairs, Defense, Agriculture, Labor, Education, E.T.C The President:
-President is elected by 'indirect election' (Electoral Vote)
-Head of Government
-The apex of the executive branch
- Can serve for 10 years (Only if president dies and Vice Presidents becomes presidents for 4 years and gets re elected)
- Can get re elected by running a presidential campaign again after 4 years of running president
- Vice President is the replacement in the event of presidential disability
-Major roles: (1) Head of State, (2) Chief administrator, (3) Commander-in-chief, (4) Veto or Agree Bill Facts:
-Headed by the Supreme court & its 9 justices
-Supreme court review and rule on court cases
that may conflict with the constitution
-Supreme court = Highest court in the U.S
-Supreme court decisions over rules the decisions
of all other courts
-Decides if a bill or law is unconstitutional Short Video of Checks and Balances Bill of Rights Similarities:
-Freedoms of Religion, Speech, Press, Assembly, and Petition
-Jury Trial on Civil cases
-Search and Seizure How Korea Makes Amendments in the Constitution 1. A member of the National Assembly goes to the National Assembly with the constitution he or she wants to change
2. People in the National Assembly votes if the constitution must be amended or not
3. If the vote is won by 2/3 of the National Assembly, the amendment is approved
4. The Constitutional Court checks if the amendment is rightful or if it affects the other constitutions
5. If approved it goes to the executive branch and the President can allow or not allow the amendment to the constitution. How the U.S.A Makes Amendments in the constitution 1. The legislatures of the states apply to Congress for a convention to propose amendments to the constitution.
2. If 2/3 of the states make such applications, congress must call the convention.
3. Once such a convention is called, and amendments are proposed, the amendment(s) must be ratified by the legislatures of 3/4 of the states Thank You For Watching By Changwook Park Work Sited (Bibliography) Bibliography:
The National Assembly of the Republic of Koread. N.p., n.d. Web.
<http://korea.assembly.go.kr/res/low_01_read.jsp?boardid=1000000035>.

Constitution of the Republic of Korea." Wikipedia. Wikimedia Foundation, 25 Oct. 2012. Web. 12
Nov. 2012. <http://en.wikipedia.org/wiki/Constitution_of_the_Republic_of_Korea>.

"ICL - South Korea - Constitution." ICL - South Korea - Constitution. N.p., n.d. Web. 13 Nov.
2012. <http://www.servat.unibe.ch/icl/ks00000_.html>.


Davidson, James West. "The Constitution." The American Nation. 1997 ed. Needham, MA:
Prentice Hall, 2003. 943-45. Print. Korean Constitution Constitution of U.S.A
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