Socialist Constitution of the Democratic People's Republic of Korea
{ICL Document Status: April 2009}
{Editor's Note: The current ICL edition is based on an official translation provided to the public by Naenara. For the purpose of this edition, paragraph numbers have been added. Formulations with "shall" have been changed to ICL translation style. }
Preamble
The Democratic People's Republic of Korea is the socialist
motherland of Juche which has applied the idea and leadership of the great
leader Comrade Kim Il Sung.
The great leader Comrade Kim Il Sung is the founder of the
Democratic People's Republic of Korea and the father of socialist Korea.
Comrade Kim Il Sung authored the immortal Juche idea and, by organizing and leading the anti-Japanese revolutionary struggle under its banner, created the glorious revolutionary traditions and achieved the historic cause of national restoration. On the basis of laying a solid foundation for the building of an independent and sovereign State in the political, economic, cultural and military fields, he founded the Democratic People's Republic of Korea.
Having put forward Juche-oriented revolutionary lines,
Comrade Kim Il Sung wisely led various stages of social revolution and
construction work, thus strengthening and developing the Republic into a
socialist country centred on the masses, into a socialist State which is
independent, self-sufficient and self-reliant in defense.
Comrade Kim Il Sung elucidated the fundamental principles of
the building and activities of the State, established the best State and social
system, the best mode of politics and system and methods of administering
society, and laid solid foundations for the prosperity of the socialist
motherland and for the inheritance and consummation of the revolutionary cause
of Juche.
Regarding "The people are my God" as his maxim,
Comrade Kim Il Sung always mixed with the people, devoted his whole life to
them and turned the whole of society into a large family which is united in one
mind by taking care of the people and leading them through his noble benevolent
politics.
The great leader Comrade Kim Il Sung is the sun of the
nation and the lodestar of national reunification. Regarding the reunification
of the country as the supreme national task, Comrade Kim Il Sung devoted all
his efforts and care for its realization. He made the Republic a powerful
bastion for national reunification. At the same time, he set forth the
fundamental principle and ways of national reunification and developed the
movement for national reunification into a nationwide movement, opening the way
for achieving the cause of reunification through the united efforts of the
whole nation.
The great leader Comrade Kim Il Sung clarified the basic
ideals of the foreign policy of the Democratic People's Republic of Korea. On
the basis of this, he expanded and developed the country's foreign relations
and ensured that the international prestige of the Republic was exalted. As a
veteran statesman in the world, Comrade Kim Il Sung opened up the new era of
independence, carried out energetic activities for the strengthening and
development of the socialist movement and the non-aligned movement, as well as
for world peace and for friendship among the peoples and made an imperishable
contribution to the cause of human independence.
Comrade Kim Il Sung was a genius in ideology and theory, a
master of leadership art, an ever-victorious iron-willed brilliant commander, a
great revolutionary and statesman and a great man.
The great idea of Comrade Kim Il Sung and the great
achievements made under his leadership are the lasting treasures of the Korean
revolution and the basic guarantee for the prosperity of the Democratic
People's Republic of Korea.
Under the leadership of the Workers' Party of Korea, the
Democratic People's Republic of Korea and the Korean people will uphold the
great leader Comrade Kim Il Sung as the eternal President of the Republic and
carry the revolutionary cause of Juche through to completion by defending and
carrying forward the idea and achievements of Comrade Kim Il Sung.
The Socialist Constitution of the Democratic People's
Republic of Korea is called Kim Il Sung's Constitution, the codification of the
great leader Comrade Kim Il Sung's Juche-oriented ideas on and exploits in
State building.
Chapter I Politics
Article 1
The Democratic People's Republic of Korea is an independent
socialist State representing the interests of all the Korean people.
Article 2
The Democratic People's Republic of Korea is a revolutionary
State which has inherited the brilliant traditions formed during the glorious
revolutionary struggle against the imperialist aggressors and in the struggle
to achieve the liberation of the homeland and the freedom and well-being of the
people.
Article 3
The Democratic People's Republic of Korea is guided in its
activities by the Juche idea and the Songun idea, a world outlook centred on
people, a revolutionary ideology for achieving the independence of the masses
of the people.
Article 4
(1) The sovereignty of the Democratic People's Republic of
Korea resides in the workers, peasants, soldiers, working intellectuals and all
other working people.
(2) The working people exercise State power through their
representative organs--the Supreme People's Assembly and local People's
Assemblies at all levels.
Article 5
All State organs in the Democratic People's Republic of
Korea are formed and function on the principle of democratic centralism.
Article 6
The organs of State power at all levels, from the county
People's Assembly to the Supreme People's Assembly, are elected on the
principle of universal, equal and direct suffrage by secret ballot.
Article 7
(1) Deputies to the organs of State power at all levels have
close ties with their constituents and are accountable to them for their work.
(2) The electors may recall at any time the deputies they
have elected if the latter lose the trust of the former.
Article 8
(1) The social system of the Democratic People's Republic of
Korea is a people-centred system under which the working people are the masters
of everything and everything in society serves them.
(2) The State defends the interests of the workers,
peasants, soldiers, working intellectuals and all other working people who have
been freed from exploitation and oppression and become the masters of the State
and society, and respects and protects human rights.
Article 9
The Democratic People's Republic of Korea strives to achieve
the complete victory of socialism in the northern half of Korea by
strengthening the people's power and vigorously performing the three
revolutions--ideological, technological and cultural--and reunify the country
on the principle of independence, peaceful reunification and great national
unity.
Article 10
(1) The Democratic People's Republic of Korea is underpinned
by the politico-ideological unity of all the people based on the worker-peasant
alliance led by the working class.
(2) The State revolutionizes all the members of society, and
assimilates them to the working class by intensifying the ideological
revolution, and turns the whole of society into a collective, united in a
comradely way.
Article 11
The Democratic People's Republic of Korea conducts all
activities under the leadership of the Workers' Party of Korea.
Article 12
The State adheres to the class line and strengthens the
dictatorship of the people's democracy so as to firmly defend the people's
power and socialist system against all subversive acts of hostile elements at
home and abroad.
Article 13
The State implements the mass line and applies the
Chongsanri spirit and Chongsanri method to all its activities, the spirit and
method by which superiors assist their subordinates, mix with the masses to
find solutions to problems and rouse them to conscious enthusiasm by giving
precedence to political work, work with people.
Article 14
The State determinedly conducts the Three-Revolution Red
Flag Movement and other mass movements so as to accelerate the building of
socialism to the maximum.
Article 15
The Democratic People's Republic of Korea champions the
democratic national rights of Koreans overseas and their rights recognized by
international law as well as their interests.
Article 16
The Democratic People's Republic of Korea guarantees the
legal rights and interests of foreigners in its territory.
Article 17
(1) Independence, peace and friendship are the basic ideals
of the foreign policy and the principles of the external activities of the
Democratic People's Republic of Korea.
(2) The State establishes diplomatic as well as political,
economic and cultural relations with all friendly countries, on the principles
of complete equality, independence, mutual respect, non-interference in each
other's affairs and mutual benefit.
(3) The State promotes unity with people all over the world
who defend their independence, and resolutely supports and encourages the
struggles of all people who oppose all forms of aggression and interference and
fight for their countries' independence and national and class emancipation.
Article 18
(1) The law of the Democratic People's Republic of Korea
reflects the wishes and interests of the working people and is a basic
instrument for State administration.
(2) Respect for the law and strict adherence to and
execution of it is the duty of all institutions, enterprises, organizations and
citizens.
(3) The State perfects the system of socialist law and promotes the socialist law-abiding life.
Chapter II The Economy
Article 19
The Democratic People's Republic of Korea relies on socialist relations of production and on the foundation of an independent national economy.
Article 20
In the Democratic People's Republic of Korea the means of production are owned by the State and social, cooperative organizations.
Article 21
(1) The property of the State belongs to all the people.
(2) There is no limit to the property which the State can
own.
(3) All natural resources, railways, air transport service,
post and telecommunications establishments, as well as major factories and enterprises,
ports and banks of the country are owned solely by the State.
(4) The State protects and develops on a preferential basis State property which plays the leading role in the economic development of the country.
Article 22
(1) The property of social, cooperative organizations is
collectively owned by the working people involved in the organizations
concerned.
(2) Land, farm machinery and ships, as well as small and
medium-sized factories and enterprises may be owned by social, cooperative organizations.
(3) The State protects the property of social, cooperative organizations.
Article 23
The State enhances the ideological consciousness and the technical and cultural level of the peasants, increases the role of the property of all the people in leading the cooperative property so as to combine the two forms of property in an organic way, and consolidates and develops the socialist cooperative economic system by improving the guidance and management of the cooperative economy and gradually transforms the property of cooperative organizations into the property of the people as a whole based on the voluntary will of all their members.
Article 24
(1) Private property is property owned and consumed by
individual citizens.
(2) Private property is derived from socialist distribution
according to work done and from supplementary benefits granted by the State and
society.
(3) The products of individual sideline activities including
those from kitchen gardens, as well as income from other legal economic
activities are also private property.
(4) The State protects private property and guarantees by law the right to inherit it.
Article 25
(1) The Democratic People's Republic of Korea regards the
steady improvement of the material and cultural standards of the people as the
supreme principle of its activities.
(2) The increasing material wealth of society in our
country, where taxes have been abolished, is used entirely to promote the
well-being of the working people.
(3) The State provides all the working people with every condition for obtaining food, clothing and housing.
Article 26
(1) The independent national economy of the Democratic
People's Republic of Korea is a solid foundation for the people's happy
socialist life and for the country's prosperity.
(2) The State, adhering to the line of building a socialist, independent national economy, endeavours to promote the national economy on a Juche-oriented, modern and scientific basis so as to make the national economy a highly developed, Juche-oriented economy and build material and technical foundations commensurate with a completely socialist society.
Article 27
(1) The technological revolution is a basic link for
developing the socialist economy.
(2) The State conducts all economic activities giving primary preference to technical development at all times, pushes ahead with scientific and technological development and the technical renovation of the national economy and vigorously promotes the mass technical innovation movement so as to free the working people from difficult, tiresome labor and to narrow the distinctions between physical and mental labor.
Article 28
(1) The State industrializes and modernizes agriculture
through the rural technical revolution and improves the role of the county and
its guidance and assistance to rural areas in order to eliminate the difference
between town and countryside and the class distinction between workers and
peasants.
(2) The State undertakes, at its own expense, the building of production facilities for cooperative farms and modern houses in the countryside.
Article 29
(1) Socialism is built by the creative labor of the working
people.
(2) Labor in the Democratic People's Republic of Korea is
independent and creative labor of the working people, freed from exploitation
and oppression.
(3) The State renders the labor of our working people, to whom unemployment is unknown, more joyful and worthwhile, so that they willingly work with conscious enthusiasm and creativeness for society, the collective and themselves.
Article 30
(1) The working day is eight hours.
(2) The length of the working day is reduced by the State in
arduous trades and other special categories of work.
(3) The State guarantees that the working hours are fully utilized through proper organization of labor and enforcement of labor discipline.
Article 31
(1) In the Democratic People's Republic of Korea the minimum
working age is 16 years.
(2) The State prohibits the employment of those under the
minimum working age.
Article 32
The State firmly adheres to the principle of properly combining political guidance with economic and technical guidance, the unified guidance of the State with the creativeness of each unit, unitary direction with democracy, and political and moral incentive with material incentive in the guidance and management of the socialist economy.
Article 33
(1) The State directs and manages the national economy
through the Taean work system, a socialist form of economic management whereby
the economy is operated and managed scientifically and rationally on the basis
of the collective efforts of the producer masses, and through the system of
agricultural guidance whereby agricultural management is conducted by
industrial methods.
(2) The State enforces the self-accounting system in economic management to meet the requirements of the Taean work system, and makes proper use of such economic levers as cost, price and profit.
Article 34
(1) The national economy of the Democratic People's Republic
of Korea is a planned economy.
(2) The State draws up and implements the plans for the
development of the national economy in accordance with the laws of socialist
economic development so that the balance between accumulation and consumption
can be maintained correctly, economic construction accelerated, the people's
standard of living steadily raised and the nation's defense capabilities
strengthened.
(3) The State ensures a high rate of growth in production and a balanced development of the national economy by implementing unified and detailed planning.
Article 35
(1) The Democratic People's Republic of Korea compiles and
implements the State budget according to the national economic development
plan.
(2) The State systematically increases its material accumulation and expands and develops socialist property by intensifying the campaign for increased production and greater economy and by exercising strict financial control in all spheres.
Article 36
(1) In the Democratic People's Republic of Korea foreign
trade is conducted by the State organs and enterprises, and social, cooperative
organizations.
(2) The State develops foreign trade on the principles of complete equality and mutual benefit.
Article 37
The State encourages institutions, enterprises and organizations in the country to conduct equity or contractual joint ventures with foreign corporations and individuals, and to establish and operate enterprises of various kinds in special economic zones.
Article 38
The State pursues a tariff policy to protect the independent national economy.
Chapter III Culture
Article 39
Socialist culture, which is flourishing and developing in the Democratic People's Republic of Korea, contributes to improving the creative ability of the working people and to meeting their sound cultural and aesthetic demands.
Article 40
The Democratic People's Republic of Korea, by carrying out a thorough cultural revolution, trains all the people to be builders of socialism equipped with a profound knowledge of nature and society and a high level of culture and technology, thus making the whole of society intellectual.
Article 41
(1) The Democratic People's Republic of Korea develops a
truly people-oriented, revolutionary culture which serves the socialist working
people.
(2) In building a socialist national culture, the State opposes the cultural infiltration of imperialism and any tendency to return to the past, protects its national cultural heritage, and develops it in keeping with the existing socialist situation.
Article 42
The State eliminates the way of life inherited from the outmoded society and establishs a new socialist way of life in every sphere.
Article 43
The State embodies the principles of socialist pedagogy so as to raise the rising generation to be steadfast revolutionaries who will fight for society and the people, to be people of the new, Juche type who are knowledgeable, morally sound and physically healthy.
Article 44
The State gives precedence to public education and the training of cadres for the nation and closely combines general education with technological education, and education with productive labor.
Article 45
The State develops universal compulsory eleven-year education which includes compulsory one-year preschool education at a high level in accordance with the trend of modern science and technology and the practical requirements of socialist construction.
Article 46
The State trains competent technicians and experts by enhancing the regular educational system as well as different forms of studying while working, and by improving the scientific and theoretical levels of technological education and education in the social and basic sciences.
Article 47
The State provides education to all pupils and students free
of charge and grants allowances to students at universities and colleges.
Article 48
The State strengthens social education and provides the working people with all conditions for study.
Article 49
The State maintains all children of preschool age in creches and kindergartens at State and public expense.
Article 50
The State establishes Juche in scientific research, introduces advanced science and technology in every possible way, opens up new areas of science and technology and raises the country's science and technology to the world level.
Article 51
The State elaborates a correct plan to develop science and technology, sets up a strict discipline to implement it, and strengthens creative cooperation among scientists, technicians and producers.
Article 52
(1) The State develops Juche-oriented, revolutionary art and
literature, national in form and socialist in content.
(2) The State encourages creative workers and artists to produce works of high ideological and artistic value and enlists the broad sections of the masses in literary and artistic activities.
Article 53
The State provides sufficient modern cultural facilities to meet the demands of the people who want to continually improve themselves, both mentally and physically, so that the working people enjoy a full socialist cultured, aesthetic life.
Article 54
The State safeguards our language from all attempts to obliterate it and develops it to meet present-day needs.
Article 55
The State thoroughly prepares all the people for work and
national defense by popularizing physical culture and sport and making it their
daily regime, and augments sporting skills to meet our country's reality and
the trend in modern sporting skills.
Article 56
The State protects the people's lives and improves the
working people's health by consolidating and developing the system of universal
free medical service and improving the district doctor system and the system of
preventive medicine.
Article 57
The State adopts measures to protect the environment, giving it preference over production, preserves and promotes the natural environment and prevents environmental pollution so as to provide the people with a hygienic living environment and working conditions.
Chapter IV National Defense
Article 58
The Democratic People's Republic of Korea is shored up by the all-people, nationwide defense system.
Article 59
The mission of the armed forces of the Democratic People's Republic of Korea is to defend the leadership of the revolution, to safeguard the interests of the working people, to defend the socialist system and the gains of the revolution, and to protect the freedom, independence and peace of the country from foreign aggression by implementing the Songun-based revolutionary line.
Article 60
The State implements the line of self-reliant defense, the import of which is to train the army to be a cadre army, modernize the army, arm all the people and fortify the country on the basis of equipping the army and the people politically and ideologically.
Article 61
The State establishes a revolutionary command system and military climate, strengthens military and mass disciplines in the army, and gives full play to the noble traditional traits of unity between officers and men, combination of the military and political work and unity between the army and the people.
Chapter V Fundamental Rights and Duties of Citizens
Article 62
(1) The requirements for becoming a citizen of the
Democratic People's Republic of Korea are defined by the Law on Nationality.
(2) A citizen is under the protection of the Democratic
People's Republic of Korea regardless of domicile.
Article 63
In the Democratic People's Republic of Korea the rights and
duties of citizens are based on the collectivist principle: "One for all
and all for one."
Article 64
(1) The State effectively guarantees the genuine democratic
rights and freedoms as well as the material and cultural well-being of all its
citizens.
(2) In the Democratic People's Republic of Korea the rights
and freedoms of citizens are amplified with the consolidation and development
of the socialist system.
Article 65
Citizens enjoy equal rights in all spheres of State and public activity.
Article 66
(1) All citizens who have reached the age of 17 have the
right to elect and to be elected, irrespective of sex, race, occupation, length
of residence, property status, education, party affiliation, political views or
religious belief.
(2) Citizens serving in the armed forces also have the right
to elect and to be elected.
(3) A person who has been disenfranchised by a Court decision and a person legally certified insane do not have the right to elect or to be elected.
Article 67
(1) Citizens are guaranteed freedom of speech, the press,
assembly, demonstration and association.
(2) The State guarantees the conditions for the free activities of democratic political parties and social organizations.
Article 68
(1) Citizens have freedom of religious belief. This right is
granted through the approval of the construction of religious buildings and the
holding of religious ceremonies.
(2) Religion must not be used as a pretext for drawing in foreign forces or for harming the State or social order.
Article 69
(1) Citizens are entitled to submit complaints and
petitions.
(2) The State investigates and deals with complaints and petitions impartially as stipulated by law.
Article 70
(1) Citizens have the right to work.
(2) All able-bodied citizens may choose occupations in
accordance with their wishes and skills and are provided with stable jobs and
working conditions.
(3) Citizens work according to their abilities and are paid in accordance with the quantity and quality of their work.
Article 71
Citizens have the right to relaxation. This right is ensured by the establishment of working hours, and the provision of holidays, paid leave, accommodation at health resorts and holiday homes at State expense and by a growing network of cultural facilities.
Article 72
Citizens are entitled to free medical care, and all persons who are no longer able to work because of old age, illness or physical disability, and seniors and minors who have no means of support are all entitled to material assistance. This right is ensured by free medical care, an expanding network of hospitals, sanatoria and other medical institutions, State social insurance and other social security systems.
Article 73
Citizens have the right to education. This right is ensured by an advanced educational system and by the educational measures enacted by the State for the benefit of the people.
Article 74
(1) Citizens are free to engage in scientific, literary and
artistic pursuits.
(2) The State grants benefits to inventors and innovators.
(3) Copyrights, inventions and patents are protected by law.
Article 75
Citizens have freedom of residence and travel.
Article 76
Revolutionary fighters, the families of revolutionary and patriotic martyrs, the families of soldiers of the People's Army and soldiers disabled on duty enjoy the special protection of the State and society.
Article 77
(1) Women are accorded equal social status and rights with
men.
(2) The State affords special protection to mothers and
children by providing maternity leave, reduced working hours for mothers with
several children, a wide network of maternity hospitals, creches and
kindergartens, and other measures.
(3) The State provides all conditions for women to play their full roles in society.
Article 78
(1) Marriage and the family are protected by the State.
(2) The State pays great attention to consolidating the family, the basic unit of social life.
Article 79
(1) Citizens are guaranteed inviolability of the person and
the home, and privacy of correspondence.
(2) No citizen can be placed under control or arrest nor can a citizen's home be searched without a legal warrant.
Article 80
The Democratic People's Republic of Korea grants the right of asylum to foreign nationals persecuted for struggling for peace and democracy, national independence and socialism or for the freedom of scientific and cultural pursuits.
Article 81
(1) Citizens must firmly safeguard the political and
ideological unity and solidarity of the people.
(2) Citizens must cherish their organization and collective and work devotedly for the good of society and the people.
Article 82
Citizens must strictly observe the laws of the State and the socialist standards of life and defend their honor and dignity as citizens of the Democratic People's Republic of Korea.
Article 83
(1) Work is the noble duty and honor of a citizen.
(2) Citizens must willingly and conscientiously participate in work and strictly observe labor discipline and working hours.
Article 84
(1) Citizens must take good care of the property of the
State and social, cooperative organizations, combat all forms of
misappropriation and waste and manage the nation's economy diligently as the
masters.
(2) The property of the State and social, cooperative organizations is inviolable.
Article 85
Citizens must constantly increase their revolutionary vigilance and devotedly fight for the security of the State.
Article 86
(1) National defense is the supreme duty and honor of
citizens.
(2) Citizens must defend the country and serve in the armed forces as required by law.
Chapter VI State Organs
Section 1. The Supreme People's Assembly
Article 87
The Supreme People's Assembly is the highest organ of State power in the Democratic People's Republic of Korea.
Article 88
(1) Legislative power is exercised by the Supreme People's
Assembly.
(2) The Presidium of the Supreme People's Assembly also may exercise legislative power when the Supreme People's Assembly is not in session.
Article 89
The Supreme People's Assembly is composed of deputies elected on the principle of universal, equal and direct suffrage by secret ballot.
Article 90
(1) The Supreme People's Assembly is elected for a term of
five years.
(2) A new Supreme People's Assembly is elected according to
a decision of the Presidium of the Supreme People's Assembly prior to the
expiry of the former's term of office.
(3) When unavoidable circumstances render an election impossible, the term of office of the Supreme People's Assembly is prolonged until an election can be held.
Article 91
The Supreme People's Assembly has the authority to:
1. amend or supplement the Constitution;
2. adopt, amend or supplement laws;
3. approve the major laws adopted by the Presidium of the
Supreme People's Assembly, when the Supreme People's Assembly is not in
session;
4. establish the basic principles of the State's domestic
and foreign policies;
5. elect or recall the Chairman of the National Defense
Commission of the Democratic People's Republic of Korea;
6. elect or recall the President of the Presidium of the
Supreme People's Assembly;
7. elect or recall the First Vice-Chairman, Vice-Chairmen
and members of the National Defense Commission on the recommendation of the
Chairman of the National Defense Commission of the Democratic People's Republic
of Korea;
8. elect or recall the Vice-Presidents, Honorary
Vice-Presidents, Secretary and members of the Presidium of the Supreme People's
Assembly;
9. elect or recall the Premier of the Cabinet;
10. appoint the Vice-Premiers, Chairmen, Ministers and other
members of the Cabinet on the recommendation of the Premier of the Cabinet;
11. appoint or remove the Prosecutor General of the Supreme
Public Prosecutors Office;
12. elect or recall the President of the Supreme Court;
13. elect or recall the Chairmen, Vice-Chairmen and members
of the Committees of the Supreme People's Assembly;
14. deliberate and approve the State plan for the
development of the national economy and the report on its implementation;
15. deliberate and approve the State budget and the report
on its implementation;
16. hear a report on the work of the Cabinet and the central
bodies when necessary, and adopt relevant measures;
17. decide on ratification and nullification of treaties suggested to the Supreme People's Assembly.
Article 92
(1) The Supreme People's Assembly holds regular and
extraordinary sessions.
(2) Regular sessions are convened once or twice a year by
the Presidium of the Supreme People's Assembly.
(3) Extraordinary sessions are convened when the Presidium of the Supreme People's Assembly deems them necessary, or at the request of a minimum of one-third of the total number of deputies.
Article 93
The Supreme People's Assembly requires a quorum of at least two-thirds of the total number of deputies in order to meet.
Article 94
(1) The Supreme People's Assembly elects its Speaker and
Deputy Speaker.
(2) The Speaker presides over the sessions.
Article 95
(1) Items to be considered at the Supreme People's Assembly
are submitted by the Chairman of the National Defense Commission, the National
Defense Commission, the Presidium of the Supreme People's Assembly, the Cabinet
and the Committees of the Supreme People's Assembly of the Democratic People's
Republic of Korea.
(2) Items can also be presented by deputies.
Article 96
The first session of each Supreme People's Assembly elects the Credentials Committee and, on hearing the Committee's report, adopts a decision confirming the credentials of deputies.
Article 97
(1) The Supreme People's Assembly issues laws, ordinances
and decisions.
(2) Laws, ordinances and decisions of the Supreme People's
Assembly are adopted when more than half of the deputies attending signify
approval by a show of hands.
(3) The Constitution is amended or supplemented with the approval of more than two-thirds of the total number of deputies to the Supreme People's Assembly.
Article 98
(1) The Supreme People's Assembly appoints the Bills
Committee, the Budget Committee and other Committees.
(2) The Committees of the Supreme People's Assembly consist
of Chairman, Vice-Chairman and members.
(3) The Committees of the Supreme People's Assembly assist
in the work of the Supreme People's Assembly; they plan or deliberate the State
policy and bills and take measures for their implementation.
(4) The Committees of the Supreme People's Assembly work under the guidance of the Presidium of the Supreme People's Assembly during the intervals between sessions of the Supreme People's Assembly.
Article 99
(1) Deputies to the Supreme People's Assembly are guaranteed
inviolability.
(2) No deputy to the Supreme People's Assembly may be arrested or punished without the consent of the Supreme People's Assembly or, when it is not in session, without the consent of its Presidium, unless he or she is caught in the act.
Section 2. The Chairman of the National Defense Commission of the Democratic People's Republic of Korea
Article 100
The Chairman of the National Defense Commission of the Democratic People's Republic of Korea is the supreme leader of the Democratic People's Republic of Korea.
Article 101
The term of office of the Chairman of the National Defense Commission of the Democratic People's Republic of Korea is the same as that of the Supreme People's Assembly.
Article 102
The Chairman of the National Defense Commission of the Democratic People's Republic of Korea is the supreme commander of the whole armed forces of the Democratic People's Republic of Korea and commands and directs all the armed forces of the State.
Article 103
The Chairman of the National Defense Commission of the
Democratic People's Republic of Korea has the following duties and authority
to:
1. direct the overall affairs of the State;
2. personally guide the work of the National Defense
Commission;
3. appoint or remove key cadres in the field of national
defense;
4. ratify or rescind major treaties concluded with other
countries;
5. exercise the right of granting special pardon;
6. proclaim a state of emergency, a state of war and mobilization order within the country.
Article 104
The Chairman of the National Defense Commission of the Democratic People's Republic of Korea issues orders.
Article 105
The Chairman of the National Defense Commission of the Democratic People's Republic of Korea is accountable to the Supreme People's Assembly.
Section 3. The National Defense Commission
Article 106
The National Defense Commission is the supreme defense leadership body of State power.
Article 107
The National Defense Commission consists of the Chairman, the First Vice-Chairman, Vice-Chairmen and members.
Article 108
The term of office of the National Defense Commission is the same as that of the Supreme People's Assembly.
Article 109
The National Defense Commission has the following duties and
authority to:
1. map out important policies of the State for carrying out
the Songun-based revolutionary line;
2. direct the whole armed forces and defense building of the
State;
3. exercise supervision over the fulfilment of the orders of
the Chairman of the National Defense Commission of the Democratic People's
Republic of Korea and the decisions and directives of the National Defense
Commission, and take measures for their fulfilment;
4. abrogate decisions and directives of State organs which
run counter to the orders of the Chairman of the National Defense Commission of
the Democratic People's Republic of Korea and the decisions and directives of
the National Defense Commission;
5. establish or abolish central bodies in the field of
national defense;
6. enact military ranks and confer the ranks of major general and above.
Article 110
The National Defense Commission issues decisions and directives.
Article 111
The National Defense Commission is accountable to the Supreme People's Assembly.
Section 4. The Presidium of the Supreme People's Assembly
Article 112
The Presidium of the Supreme People's Assembly is the highest organ of State power when the Supreme People's Assembly is not in session.
Article 113
The Presidium of the Supreme People's Assembly consists of
the President, Vice-Presidents, Secretary and members.
Article 114
(1) The Presidium of the Supreme People's Assembly may have
a few Honorary Vice-Presidents.
(2) Honorary Vice-Presidents of the Presidium of the Supreme People's Assembly may be deputies to the Supreme People's Assembly who have participated in the work of State building for a long time and rendered distinguished service.
Article 115
(1) The term of office of the Presidium of the Supreme
People's Assembly is the same as that of the Supreme People's Assembly.
(2) The Presidium of the Supreme People's Assembly continues its work until a new Presidium is elected, even after the term of the Supreme People's Assembly expires.
Article 116
The Presidium of the Supreme People's Assembly has the
following duties and authority to:
1. convene sessions of the Supreme People's Assembly;
2. deliberate and adopt the new draft bills and regulations
and amendments and supplements to the current laws and regulations raised in
the intervals between sessions of the Supreme People's Assembly and obtain the
approval of the next session of the Supreme People's Assembly for major laws
which are adopted and enforced;
3. deliberate and approve the State plan for the development
of the national economy, the State budget and plans for their adjustment raised
for unavoidable reasons in the intervals between sessions of the Supreme
People's Assembly;
4. interpret the Constitution as well as current laws and
regulations;
5. supervise law observance by the State organs and take
relevant measures;
6. rescind the decisions and directives of State bodies
which run counter to the Constitution, laws, ordinances and decisions of the
Supreme People's Assembly, orders of the Chairman of the National Defense
Commission of the Democratic People's Republic of Korea, the decisions and
directives of the National Defense Commission, and the decrees, decisions and
directives of the Presidium of the Supreme People's Assembly, and suspend the
implementation of unwarranted decisions of local People's Assemblies;
7. conduct the election of deputies to the Supreme People's
Assembly and organize the elections of deputies to the local People's
Assemblies;
8. work with the deputies to the Supreme People's Assembly;
9. work with the Committees of the Supreme People's
Assembly;
10. set up or abolish Commissions and Ministries of the
Cabinet;
11. appoint or remove Vice-Premiers, Chairmen, Ministers and
other members of the Cabinet on the recommendation of the Premier of the
Cabinet when the Supreme People's Assembly is not in session;
12. appoint or remove members of Committees of the Presidium
of the Supreme People's Assembly;
13. elect or recall the Judges and People's Assessors of the
Supreme Court;
14. approve or nullify treaties concluded with other
countries;
15. decide and make public the appointment or recall of
diplomatic representatives to other countries;
16. institute decorations, medals, titles of honor and
diplomatic ranks and confer decorations, medals and titles of honor;
17. grant general amnesties;
18. establish or alter administrative units and districts;
19. conduct external activities including contacts with foreign parliaments and inter-parliamentary organizations.
Article 117
(1) The President of the Presidium of the Supreme People's
Assembly organizes and guides the work of the Presidium.
(2) The President of the Presidium of the Supreme People's Assembly represents the State and receives the credentials and letters of recall of diplomatic representatives accredited by foreign countries.
Article 118
(1) The Presidium of the Supreme People's Assembly convenes
Plenary Meetings and Meetings of the Permanent Committee.
(2) The Plenary Meeting consists of all the members. The Meeting of the Permanent Committee consists of the President, Vice-Presidents and Secretary.
Article 119
(1) The Plenary Meeting of the Presidium of the Supreme
People's Assembly deliberates and decides on important matters arising in
fulfilling the duties of the Presidium and exercising its authority.
(2) The Meeting of the Permanent Committee deliberates and decides on matters entrusted to it by the Plenary Meeting.
Article 120
The Presidium of the Supreme People's Assembly issues decrees, decisions and directives.
Article 121
The Presidium of the Supreme People's Assembly may have
Committees to assist it in its work.
Article 122
The Presidium of the Supreme People's Assembly is accountable to the Supreme People's Assembly.
Section 5. The Cabinet
Article 123
The Cabinet is the administrative and executive body of the highest State power and organ of overall State administration.
Article 124
(1) The Cabinet consists of the Premier, Vice-Premiers,
Chairmen, Ministers and other members as required.
(2) The term of office of the Cabinet is the same as that of the Supreme People's Assembly.
Article 125
The Cabinet has the following duties and authority to:
1. adopt measures for the implementation of State policies;
2. adopt, amend or supplement the regulations on State
administration on the basis of the Constitution and the laws;
3. direct the work of the Commissions and Ministries of the
Cabinet, organs directly under its authority and local People's Committees;
4. establish or abolish organs directly under its authority,
major administrative and economic bodies and enterprises, and adopt measures
for improving State administration bodies;
5. draft the State plan for the development of the national
economy and adopt measures to put it into effect;
6. compile the State budget and adopt measures to implement
it;
7. organize and execute the work of industry, agriculture, construction,
transport, post and telecommunications, commerce, foreign trade, land
administration, municipal administration, education, science, culture, health
service, physical culture and sport, labor administration, protection of
environment, tourism, and so on;
8. adopt measures to strengthen the monetary and banking
system;
9. inspect and control the establishment of order in State
administration;
10. adopt measures to maintain public order, protect the
property and interests of the State and social, cooperative organizations, and
safeguard the rights of citizens;
11. conclude treaties with foreign countries and conduct
external affairs;
12. rescind the decisions and directives of administrative and economic bodies which run counter to the decisions and directives of the Cabinet.
Article 126
(1) The Premier of the Cabinet organizes and guides the work
of the Cabinet.
(2) The Premier of the Cabinet represents the Government of the Democratic People's Republic of Korea.
Article 127
(1) The Cabinet convenes Plenary Meetings and Meetings of
the Permanent Committee.
(2) The Plenary Meeting of the Cabinet consists of all the members of the Cabinet. The Meeting of the Permanent Committee consists of the Premier, Vice-Premiers and other members of the Cabinet appointed by the Premier.
Article 128
(1) The Plenary Meeting of the Cabinet deliberates and
decides on new and important administrative and economic matters.
(2) The Meeting of the Permanent Committee deliberates and decides on matters referred to it by the Plenary Meeting of the Cabinet.
Article 129
The Cabinet issues decisions and directives.
Article 130
The Cabinet may have non-permanent committees to assist it in its work.
Article 131
The Cabinet is accountable to the Supreme People's Assembly and to the Presidium of the Supreme People's Assembly when the Supreme People's Assembly is not in session.
Article 132
The newly-elected Premier of the Cabinet takes an oath of allegiance on behalf of the members of the Cabinet at the Supreme People's Assembly.
Article 133
The Commissions and Ministries of the Cabinet are departmental executive bodies of the Cabinet and central departmental bodies of administration.
Article 134
The Commissions and Ministries of the Cabinet supervise and guide the work of the sectors concerned in a uniform way under the guidance of the Cabinet.
Article 135
(1) The Commissions and Ministries of the Cabinet run
committee meetings and cadre meetings.
(2) The committee meeting and cadre meeting deliberate and decide on the measures for the implementation of the decisions and directives of the Cabinet and other important matters.
Article 136
The Commissions and Ministries of the Cabinet issue directives.
Section 6. The Local People's Assembly
Article 137
The People's Assembly of a province (or municipality directly under central authority), city (or district) or county is the local organ of State power.
Article 138
The local People's Assembly consists of deputies elected on the principle of universal, equal and direct suffrage by secret ballot.
Article 139
(1) The term of office of the People's Assembly of a
province (or municipality directly under central authority), city (or district)
or county is four years.
(2) A new local People's Assembly is elected according to
the decision of the local People's Committee at the corresponding level prior
to the expiry of the former's term of office.
(3) When unavoidable circumstances render an election impossible, the term of office of the local People's Assembly is prolonged until an election can be held.
Article 140
The local People's Assembly has the following duties and
authority to:
1. deliberate and approve the local plan for the development
of the national economy and the report on its implementation;
2. deliberate and approve the local budget and the report on
its implementation;
3. adopt measures to observe State laws in the area
concerned;
4. elect or recall the Chairman, Vice-Chairmen, Secretary
and members of the People's Committee at the corresponding level;
5. elect or recall the Judges and People's Assessors of the
Court at the corresponding level;
6. rescind unwarranted decisions and directives of the People's Committee at the corresponding level and the People's Assemblies and People's Committees at lower levels.
Article 141
(1) The local People's Assembly convenes regular and
extraordinary sessions.
(2) Regular sessions are convened once or twice a year by
the People's Committee at the corresponding level.
(3) Extraordinary sessions are convened when the People's Committee at the corresponding level deems them necessary or at the request of a minimum of one-third of the total number of deputies.
Article 142
The local People's Assembly requires a quorum of at least two-thirds of the total number of deputies in order to meet.
Article 143
The local People's Assembly elects its Speaker. The Speaker presides over the sessions.
Article 144
The local People's Assembly issues decisions.
Section 7. The Local People's Committee
Article 145
The People's Committee of a province (or municipality directly under central authority), city (or district) or county exercises the function of the local organ of State power when the People's Assembly at the corresponding level is not in session and the administrative and executive organ of State power at the corresponding level.
Article 146
(1) The local People's Committee consists of the Chairman,
Vice-Chairmen, Secretary and members.
(2) The term of office of the local People's Committee is the same as that of the corresponding People's Assembly.
Article 147
The local People's Committee has the following duties and
authority to:
1. convene sessions of the People's Assembly;
2. organize the election of deputies to the People's
Assembly;
3. work with the deputies to the People's Assembly;
4. implement the decisions and directives of the
corresponding local People's Assembly and the People's Committees at higher
levels, the laws, ordinances and decisions of the Supreme People's Assembly, the
orders of the Chairman of the National Defense Commission of the Democratic
People's Republic of Korea, the decisions and directives of the National
Defense Commission, the decrees, decisions and directives of the Presidium of
the Supreme People's Assembly and the decisions and directives of the Cabinet
and the Commissions and Ministries of the Cabinet;
5. organize and carry out all administrative affairs in the
given area;
6. draft the local plan for the development of the national
economy and adopt measures to implement it;
7. compile the local budget and adopt measures for its
implementation;
8. adopt measures to maintain public order, protect the
property and interests of the State and social, cooperative organizations and
safeguard the rights of citizens in the given area;
9. inspect and control the establishment of order in State
administration in the given area;
10. direct the work of the People's Committees at lower
levels;
11. rescind unwarranted decisions and directives of the
People's Committees at lower levels, and suspend the implementation of
unwarranted decisions of the People's Assemblies at lower levels.
Article 148
(1) The local People's Committee convenes Plenary Meetings
and Meetings of the Permanent Committee.
(2) The Plenary Meeting of the local People's Committee consists of all its members. The Meeting of the Permanent Committee consists of the Chairman, Vice-Chairmen and Secretary.
Article 149
(1) The Plenary Meeting of the local People's Committee
deliberates and decides on important matters arising in implementing its duties
and exercising its authority.
(2) The Meeting of the Permanent Committee deliberates and decides on the matters referred to it by the Plenary Meeting.
Article 150
The local People's Committee issues decisions and directives.
Article 151
The local People's Committee may have non-permanent committees to assist it in its work.
Article 152
(1) The local People's Committee is accountable to the
corresponding People's Assembly.
(2) The local People's Committee is subordinate to the People's Committees at higher levels, the Cabinet and the Presidium of the Supreme People's Assembly.
Section 8. The Public Prosecutors Office and the Court
Article 153
Investigation and prosecution are conducted by the Supreme Public Prosecutors Office, the Public Prosecutors Offices of a province (or municipality directly under central authority), city (or district) or county and the Special Public Prosecutors Office.
Article 154
The term of office of the Prosecutor General of the Supreme Public Prosecutors Office is the same as that of the Supreme People's Assembly.
Article 155
Public prosecutors are appointed or removed by the Supreme Public Prosecutors Office.
Article 156
The functions of the Public Prosecutors Office are to:
1. ensure the strict observance of State laws by
institutions, enterprises, organizations and citizens;
2. ensure that the decisions and directives of State bodies
conform with the Constitution, the laws, ordinances and decisions of the
Supreme People's Assembly, the orders of the Chairman of the National Defense
Commission of the Democratic People's Republic of Korea, the decisions and
directives of the National Defense Commission, the decrees, decisions and
directives of the Presidium of the Supreme People's Assembly, and the decisions
and directives of the Cabinet;
3. identify and institute legal proceedings against criminals and offenders in order to protect the State power of the Democratic People's Republic of Korea, the socialist system, the property of the State and social, cooperative organizations, personal rights as guaranteed by the Constitution and the people's lives and property.
Article 157
Investigation and prosecution are conducted under the unified direction of the Supreme Public Prosecutors Office, and all Public Prosecutors Offices are subordinate to their higher offices and the Supreme Public Prosecutors Office.
Article 158
The Supreme Public Prosecutors Office is accountable to the Supreme People's Assembly and to the Presidium of the Supreme People's Assembly when the Supreme People's Assembly is not in session.
Article 159
(1) Justice is administered by the Supreme Court, the Court
of a province (or municipality directly under central authority), the City (or
District) or County People's Courts, and the Special Court.
(2) Verdicts are delivered in the name of the Democratic People's Republic of Korea.
Article 160
(1) The term of office of the President of the Supreme Court
is the same as that of the Supreme People's Assembly.
(2) The term of office of Judges and People's Assessors of
the Supreme Court, the Court of a province (or municipality directly under
central authority) and the City (or District) or County People's Courts is the
same as that of the People's Assembly at the corresponding level.
Article 161
(1) The President and Judges of the Special Court are
appointed or removed by the Supreme Court.
(2) The People's Assessors of the Special Court are elected by the soldiers of the unit concerned or by employees at their meetings.
Article 162
The functions of the Court are to:
1. protect through judicial procedure the State power and
the socialist system established in the Democratic People's Republic of Korea,
the property of the State and social, cooperative organizations, personal
rights as guaranteed by the Constitution, and the lives and property of
citizens;
2. ensure that all institutions, enterprises, organizations
and citizens abide strictly by State laws and staunchly combat class enemies
and all law-breakers;
3. give judgements and findings with regard to property and conduct notarial work.
Article 163
Justice is administered by a Court consisting of one Judge and two People's Assessors. In special cases there may be three Judges.
Article 164
(1) Court cases are heard in public and the accused is
guaranteed the right of defense.
(2) Hearings may be closed to the public as stipulated by law.
Article 165
Judicial proceedings are conducted in the Korean language. Foreign citizens may use their own language during court proceedings.
Article 166
In administering justice, the Court is independent, and judicial proceedings are carried out in strict accordance with the law.
Article 167
(1) The Supreme Court is the highest judicial organ of the
Democratic People's Republic of Korea.
(2) The Supreme Court supervises the judicial activities of all the Courts.
Article 168
The Supreme Court is accountable to the Supreme People's Assembly and to the Presidium of the Supreme People's Assembly when the Supreme People's Assembly is not in session.
Chapter VII Emblem, Flag, Anthem and Capital
Article 169
The national emblem of the Democratic People's Republic of Korea bears the design of a grand hydroelectric power station under Mt. Paektu, the sacred mountain of the revolution, and the beaming light of a five-pointed red star, with ears of rice forming an oval frame, bound with a red ribbon bearing the inscription "The Democratic People's Republic of Korea."
Article 170
(1) The national flag of the Democratic People's Republic of
Korea consists of a central red panel, bordered both above and below by a
narrow white stripe and a broad blue stripe. The central red panel bears a
five-pointed red star within a white circle near the hoist.
(2) The ratio of the width to the length is 1:2.
Article 171
The national anthem of the Democratic People's Republic of Korea is "The Patriotic Song."
Article 172
The capital of the Democratic People's Republic of Korea is Pyongyang.
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