Land and Environmental Protection Enforcement Law of the Democratic People’s Republic of Korea (2005)
AGLC4 | 국토환경보호단속법 2005 [Land and Environmental Protection Enforcement Law of the Democratic People's Republic of Korea (2005)] [tr Daye Gang].
Bluebook | Gugtohwangyeongbohodansogbeob 2005 [Land and Environmental Protection Enforcement Law of the Democratic People's Republic of Korea (2005)] translated in Law and North Korea by Daye Gang, https://www.lawandnorthkorea.com/.
Adopted on May 27, 1998, as Decision No. 116 of the Standing Committee of the Supreme People’s Assembly
Amended and supplemented on December 13, 2005, as Directive No. 1437 of the Presidium of the Supreme People’s Assembly
Article 1 (Objectives of Land and Environmental Protection Enforcement Law)
The Land and Environmental Protection Enforcement Law of the Democratic People’s Republic of Korea shall serve to strictly crack down on acts of violating the land and environmental protection order to protect land, resources, and the environment, and to arrange an independent and creative living environment for the people.
Article 2 (Principle of land and environment protection enforcement)
Enforcement of land and environmental protection is a compulsory requirement for adopting a land and environmental protection order. The State shall assure fairness, objectivity, and caution in enforcement of land and environmental protection.
Article 3 (Land and environmental protection enforcement institution)
Land and environment protection enforcement shall be done by the land and environmental protection institution and the given supervision and control institution. The land and environmental protection supervision institution and the given supervision and control institution must normally supervise and control the state of the land and environmental protection.
Article 4 (Confirmation of identity of offenders)
If the land and environmental protection supervision institution and the given supervision and control institution cracks down on an offender, his or her identity shall be confirmed, and the means and goods thought to be related to unlawful acts shall be confirmed or each kind of document may be seen.
Article 5 (Request for person under enforcement and witnesses to accompany)
In cases where the identity or unlawful act of the offender cannot be confirmed, the person under enforcement and witnesses may be required to go together with the authorities concerned. A person under enforcement and witnesses must comply with the requirements of the land environmental protection supervision institution and the given supervision and control institution.
Article 6 (Securing acts in violation)
Unlawful acts shall be secured in an enforcement report and a confirmation document shall be received from witnesses. In necessary cases, a photograph shall be taken or a video may be recorded.
Article 7 (Inspection of scenes of unlawful acts, means, goods)
In cases of inspecting scenes of unlawful acts or means or goods related to unlawful acts, two observers shall be used. In these cases, the names of the inspector and observers shall be written on the report and their seal or thumbprint shall be stamped.
Article 8 (Drafting enforcement report, confirmation document)
An enforcement report or confirmation document may be written in an offender’s or witness’ own writing. On the enforcement report shall be written the illegal content, the name of the drafter, offender, or witnesses, and their seals or thumbprints shall be stamped.
Article 9 (Arrest of offenders)
In cases where an offender does not comply with enforcement or absconds, he or she shall be arrested. In these cases, transportation methods used for unlawful acts may also be seized. Seized transportation methods may not be used.
Article 10 (Arrest period)
The arrest period of offenders shall be up to 8 hours. As necessary, the arrest period of an offender may be increased up to 24 hours with the approval of the person responsible in the unit.
Article 11 (Use of personal protection equipment, weapons)
In cases where it is accepted that there is no other method to crack down on offenders, personal protection equipment or weapons may be used.
Article 12 (Investigation of unlawful acts)
The land and environmental protection supervision institution and the given supervision and control institution may do the following to investigate and deal with unlawful acts.
1. They may hear necessary explanations from the offender.
2. They may enter institutions, enterprises and organizations, and in required cases, may adopt transportation methods to investigate.
3. They may receive scientific and technical assistance from given institutions, enterprises, organizations and citizens.
4. They may require the people and means required for offender crackdowns from institutions, enterprises and organizations.
5. They may store seized transportation methods or seized goods and documents in a designated place until the investigation ends.
Article 13 (Treatment of offenders)
The treatment of an offender shall be considered and decided by a responsible workers’ committee of the land environmental protection supervision institution and the given supervision and control institution. The land environmental protection supervision institution and the given supervision and control institution must take into account the degree of danger of the unlawful act in handling the offender.
Article 14 (Treatment period of offenders)
The treatment period for an offender shall be 30 days from the time he or she is enforced for the unlawful act.
Article 15 (Transfer of control over offenders)
A supervision and control institution that has arrested an offender may hand him or her over to the authorities concerned in the area of his or her residence to be handled. In these cases, reports, exhibits, and given documents must be handed over as well.
Article 16 (Education procedure)
In cases where the unlawful act is less grave, education procedures shall be imposed. In these cases, the given guarantee document shall be received from the guardian of the offender or from a responsible worker of the institution, enterprise or organization he or she is affiliated with.
Article 17 (Lodgment of opinion on measures)
The land and environmental protection supervision institution and the given supervision and control institution may raise opinions on measures to prevent unlawful acts with institutions, enterprises and organizations. Institutions, enterprises and organizations that have received an opinion on measures shall handle it within 30 days and must inform the authorities concerned.
Article 18 (Penalty, damage compensation)
In cases of causing damage to land, resources, or the environment, a penalty shall be imposed or the given damage shall be compensated.
Article 19 (Method of applying penalty and damage compensation amounts)
The application of penalties or damage compensation amounts shall be done by the land and environmental protection institution or the given supervision and control institution. The application of penalties or damage compensation amounts to be imposed on institutions, enterprises and organizations shall be implemented using the method of sending a notification to the given Central Bank institution, and for the application of penalties or damage compensation amounts imposed on individual citizens the notification shall be sent to the institution, enterprise or organization he or she is affiliated with.
Article 20 (Suspension of use, deprivation of right of use of land resources)
In cases where the unlawful act is grave, the use of land resources shall be suspended or the right to use them shall be removed.
Article 21 (Confiscation)
Means used for unlawful act and unreasonably obtained produced goods or sums of money shall be confiscated. In these cases, two observers shall be in attendance and two copies of the confiscated goods inventory shall be created. The names of the drafter and observers shall be written on the confiscated goods inventory and a seal or thumbprint shall be stamped.
Article 22 (Administrative or criminal responsibility)
Responsible workers of institutions, enterprises, or organizations and individual citizens who have caused grave consequences to land and environmental protection shall have administrative or criminal responsibility imposed depending on the gravity.
Last updated 4 June 2021
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