The Korean legislative system has the Constitution as the supreme law, Acts for realizing constitutional values, and administrative legislation like Presidential Decrees and Ordinances for effectively enforcing the Acts. Subordinate statutes must not contradict the Acts they are based on.
Categories of Statutes:
Constitution: The fundamental law covering people's rights and duties, government structures, economic order, elections, etc. It serves as the basis for enacting subordinate statutes in South Korea.
Acts: Statutory instruments enacted by the National Assembly, governing principles of legality, taxation, nationality acquisition, property rights, ministry establishment, local governments, etc. People's rights may be restricted by Acts for national security, public order, or welfare, while essential elements are protected. Emergency executive orders require National Assembly approval to have the same effect as Acts.
Treaties: Written agreements among nations, internationally recognized and enforceable. Treaties under the Constitution and accepted international laws have the same effect as domestic laws.
Orders: Statutory instruments enacted by administrative power.
Presidential Decrees: Delegated and execution orders issued by the President. They have jurisdiction over all administrative affairs.
Ordinances: Enacted by the Prime Minister for matters under specific ministries, such as the Ministry of the Interior and Safety, Ministry of Personnel Management, etc. They are generally equivalent to Ministries' Ordinances in hierarchy.