nch of the government was always in question during this period, especially under the rule of Chun.
As a result of popular pressures, the Chun government was forced to agree to the deliberative formation of a new constitution in 1987 and elections for both the presidency (December 1987) and the National Assembly (April 1988). The new constitution was ratified in October of 1987 and Roh Tae Woo was elected president in December. Roh's presidency stands out from that of the previous rulers because of the new constitutional limitations on the powers of the president and the new strength of the opposition parties.
The constitution itself declares South Korea to be a democratic republic, where popular sovereignty is the state norm. All public officials are servants of the people, although their tenure and political impartiality are protected by the law. The armed forces are required to maintain their political neutrality. The constitution is meant to guarantee the separation of powers both through its structural provisions and through the political process itself.
The constitution also guarantees several specific individual rights throughout the criminal process. Individuals may not be placed under preventive restrictions or subjected to involuntary labor except as provided by law and through lawful procedures. The right of habeas corpus, rarely honored in practice since its restoration in 1980, is reinforced. Those detained or arrested must be informed of the reason and of their right to counsel; their family members must be informed of the detention or arrest without delay. A prosecutor's failure to indict a criminal suspect or accused person placed under detention might entitle that person to compensation for wrongful arrest. Warrants must be issued by a judge using due procedures, rather than at the mere request of prosecutors (as had often previously occurred in political cases).
The court system largely reflects that of the...