DPRK's SOCIALIST CONSTITION (1950; not current)

DPRK's OLD SOCIALIST CONSTITION (Full Text)

(Promulgated by the Administrative Council of the
Democratic People's Republic of Korea))

SUBJECT: CONSTITUTIONAL LAW

ISSUING-DEPT: ADMINISTRATIVE COUNCIL

ISSUE-DATE: __/__/1950(?)

IMPLEMENT-DATE: __/__/1950(?)

LENGTH: 7928 words

TEXT:

Chapter 1 Politics

Chapter 2 Economy

Chapter 3 Culture

Chapter 4 National Defense

Chapter 5 Fundamental Rights and Duties of Citizens

Chapter 6 State Organ

Chapter 7 National Emblem, Flag, National Anthem and Capital

Chapter 1 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 DPRK is a revolutionary power which has inherited brilliant traditions formed during the glorious revolutionary struggle against the imperialist aggressors, in the struggle to achieve the liberation of the homeland and the freedom and well-being of the people.

Article 3

The DPRK is guided in its activities by the Juche idea, a world outlook centered on people, a revolutionary ideology for achieving the independence of the masses of people.

Article 4

The sovereignty of the DPRK resides in the workers, peasants, working intellectuals and all other working people.

The working people exercise power through their representative organs -- the Supreme People s Assembly and local people s assemblies at all levels.

Article 5

All the State organs in the DPRK 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 SPA, are elected on the principle of universal, equal and direct suffrage by secret ballot.

Article 7

Deputies to the organs of State power at all levels have close ties with their constituents and are accountable to them for their work.

The electors may recall the deputies they have elected if the latter are not to be trusted.

Article 8

The social system of the DPRK is a people-centered system under which the working people are masters of everything, and everything in society serves the working people.

The State shall defend and protect the interests of the workers, peasants and working intellectuals who have been freed from exploitation and oppression and become masters of the State and society.

Article 9

The DPRK shall strive 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 -- the ideological, cultural and technical -- and reunify the country on the principle of independence, peaceful reunification and great national unity.

Article 10

The DPRK bases itself on the political and ideological unity of the entire people based on the worker-peasant alliance in which the working class plays a leading role.

The State strengthens the ideological revolution and revolutionizes and working-classizes all the social members, and binds the whole society in a united group, linked up with comradeship.

Article 11

The DPRK shall conduct all activities under the leadership of the Workers Party of Korea.

Article 12

The State shall adhere to the class line, strengthen the dictatorship of people s democracy and firmly defend the people s power and socialist system against all subversive acts of hostile elements at home and abroad.

Article 13

The State shall implement the mass line and apply 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 preferentially through political work, with people.

Article 14

The State shall powerfully conduct the Three- Revolution Red Flag Movement and other mass movements and accelerate the building of socialism to the maximum.

Article 15

The DPRK shall champion the democratic, national rights of Koreans overseas and their rights recognized by the international law.

Article 16

The DPRK shall guarantee the legal rights and interests of foreigners in its region.

Article 17

Independence, peace, and solidarity are the basic ideals of the foreign policy and the principles of external activities of the DPRK.

The State shall establish diplomatic as well as political, economic and cultural relations with all friendly countries, on principles of complete equality, independence, mutual respect, noninterference in each other s affairs and mutual benefit.

The State shall promote unity with the world public defending peoples who oppose all forms of aggression and interference and fight for their countries independence and national and class emancipation.

Article 18

The law of the DPRK reflects the wishes and interests of the working people and is a basic instrument for State administration.

Respect for the law and its strict adherence and execution is the duty of all institutions, enterprises, organizations and citizens.

The State shall perfect the system of socialist law and promote the socialist law-abiding life.

Chapter 2 Economy

Article 19

The DPRK relies on the socialist production relations and on the foundation of an independent national economy.

Article 20

In the DPRK, the means of production are owned only by the State and cooperative organizations.

Article 21

The property of the State belongs to the entire people.

There is no limit to the property which the State can own.

Only the State possesses all the natural resources, major factories0and enterprises, ports and harbors, banks, transport and communications establishments.

The State shall guarantee giving priority to the growth of its property which plays a leading role in the development of the national economy.

Article 22

The property of cooperative organizations belongs to the collective property of working people within the organizations concerned.

Cooperative organizations can possess such property as land, agricultural machinery, ships, medium-small sized factories and enterprises.

The State shall protect the property of cooperative organizations.

Article 23

The State shall enhance the ideological consciousness and the technical and cultural level of the peasants, increase the role of the property of the entire people in leading the cooperative property so as to combine the two forms of property systematically, shall consolidate and develop the socialist cooperative economic system by improving the guidance and management of the cooperative economy and gradually transform 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

Private property is confirmed to property meeting the simple and individual aims of the citizen.

Private property consists of socialist distributions of the result of labor and additional benefits of the State and society.

The products of individual sideline activities including those from the kitchen gardens of cooperative farmers shall also belong to private property.

The State shall protect private property and guarantee its legal inheritance.

Article 25

The DPRK regards the steady improvement of the material and cultural standards of the people as the supreme principle of its activities.

The constantly-increasing material wealth of society in our country, where taxes have been abolished, is used entirely for promoting the well-being of the working people.

The State shall provide all working people with every condition for obtaining food, clothing and housing.

Article 26

The independent national economy of the DPRK is a solid foundation for the people s happy socialist life and for the prosperity of the fatherland.

The State, holding fast to the line of building an independent national economy, shall accelerate Juche-orientation, modernization and scientific sophistication of the national economy, develop the national economy into a highly developed Juche-oriented one, strive to build a solid material and technical foundation commensurate with a complete socialist society.

Article 27

The technical revolution is vital to the development of the socialist economy.

The State shall perform all economic activities by giving top priority to solving the problem of technical development, push vigorously ahead with a mass technical revolution movement by accelerating scientific and technical development and the technical innovation of the national economy, free the working masses from backbreaking labor and narrow down the differences between physical and mental labor.

Article 28

The State shall accelerate the technical revolution in the rural areas in order to eliminate differences between urban and rural areas, and class distinctions between the working class and the peasantry, industrialize and modernize agriculture, strengthen the guidance and assistance to rural areas by enhancing the role of the county.

The State shall undertake, at its own expense, the building of production facilities for the cooperative farms and modern houses in the countryside.

Article 29

Socialism and Communism are built by the creative labor of the working masses.

In the DPRK, labor is an independent and creative labor of the working masses, who have been freed from exploitation and suppression.

The State renders the labor of our working people, who do not worry about unemployment, more joyful and worthwhile, so that they willingly work with enthusiasm and creativeness for society, organizations and for themselves.

Article 30

The daily working hours of the working masses are eight hours.

The State will decide to shorten the daily working hours depending on the hardness and special conditions of labor.

The State shall organize labor effectively, strengthen labor rules and take fully utilize labor s working hours.

Article 31

In the DPRK, the minimum working age is 16 years old.

The State shall prohibit child labor under the stipulated working age.

Article 32

The State shall firmly adhere to the principle of properly combining political guidance with economic and technical guidance, the unified guidance of the State with the creativity of each unit, monolithic leadership with democracy, political and moral incentives with material incentives in the guidance and management of the socialist economy.

Article 33

The State shall guide and manage the national economy according to the Taean Work System, which is a socialist economic management form whereby the economy is operated and managed in a scientific and rational way depending on the collective power of the producing masses, and according to the agricultural guidance system whereby agricultural management is conducted by industrial methods.

Article 34

The national economy of the DPRK is a planned economy.

The State shall balance a proportion between accumulation and consumption properly, accelerate the economic construction, continue to raise people s living standard and formulate and implement national economic development plans in order to strengthen the national defense capability.

The State shall formulate unified and detailed plans and guarantee a high rate production growth and a balanced development of the national economy.

Article 35

The DPRK shall compile and implement the State budget along with the national economic development plan.

The State will intensify campaigns for increased production and expanded economy, carry out financial regulations strictly, increase the State s savings, and expand and develop the socialist property.

Article 36

In the DPRK, foreign trade shall be conducted by the State or under its supervision.

The State shall develop foreign trade on the principles of complete equality and mutual benefit.

Article 37

The State shall encourage institutions, enterprises and organizations in our country to joint ventures and cooperation of enterprise with foreign corporations and individuals.

Article 38

The State shall pursue a tariff policy with the aim of protecting the independent national economy.

Chapter 3 Culture

Article 39

Socialist culture, which is flourishing and developing in the DPRK, contributes to the improvement of the creative ability of the working people and to meeting their sound cultural and aesthetic demands.

Article 40

The DPRK shall, by carrying out a thorough cultural revolution, train the working people to be builders of socialism and communism 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

The DPRK shall develop a truly popular, revolutionary culture which serves the socialist working people.

In building a socialist national culture, the State shall oppose the cultural infiltration of imperialism and any tendency to return to the past, protect its national cultural heritage, and develop it in keeping with the existing socialist situation.

Article 42

The State shall eliminate the way of life inherited from the outmoded society and establish a new socialist way of life in every sphere.

Article 43

The State shall put the principles of socialist education into practice and raise the new generation to be steadfast revolutionaries who will fight for society and the people, to be people of a new communist type who are knowledgeable, morally sound and physically healthy.

Article 44

The State shall give precedence to public education and the training of cadres for the nation and combine general education with technological education, and education with productive labor.

Article 45

The State shall develop universal compulsory 11-year education which includes a 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 shall train competent technicians and experts by enhancing the regular educational system as well as different forms of study while working, and by improving the scientific and theoretical levels of technical education and education on social science and basic science.

Article 47

The State shall provide education to all pupils and students free of charge and grant allowances to students of universities and colleges.

Article 48

The State shall strengthen social education and provide the working people with all available conditions for study.

Article 49

The State shall maintain all children of preschool age in creches and kindergartens at State and public expense.

Article 50

The State shall establish Juche in scientific research, introduce advanced science and technology in every possible way, open up new areas of science and technology and raise the country s science and technology to the world level.

Article 51

The State shall draw up a proper plan for scientific research work, consolidate creative cooperation between scientists, specialists and producer masses.

Article 52

The State shall develop a Juche-oriented, revolutionary literature and art, national in form and socialist in content.

The State shall encourage creative workers and artists to produce works of high ideological and artistic value and enlist the working masses widely in literary and artistic activity.

Article 53

The State shall provide 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 may enjoy a socialist cultured, aesthetic life to their hearts content.

Article 54

The State shall safeguard our language from all attempts to obliterate it and shall develop it to meet present-day needs.

Article 55

The State shall popularize physical culture and make it in a habit of people s life to make people fully prepared for labor and national defense; and develop physical technique conforming to the actual situation of our country and trends in the development of modern physical technique.

Article 56

The State shallconsolidate and develop the system of universal free medical service, and consolidates the section doctor system and the system of preventive medicine to protect people s life and improve working people s health.

Article 57

The State shall adopt measures to protect the environment in preference to production, preserve and promote the natural environment and prevent environmental pollution so as to provide the people with a hygienic environment and working conditions.

Chapter 4 National Defense

Article 58

The Democratic People s Republic of K orea rests on the people s nationwide defence system.

Article 59

The mission of the armed forces of the DPRK is to safeguard the interests of the working people, to defend the socialist system and the gains of the revolution from aggression and to protect the freedom, independence and peace of the country.

Article 60

The State shall implement the line of self-reliant defence, the import of which is to arm the entire people, fortify the country, train the army into a cadre army and modernize the army on the basis of equipping the army and the people politically and ideologically.

Article 61

The State shall strengthen military and mass discipline in the army and promote the display of the noble traditional trait of unity between officers and men and unity between the army and the people.

Chapter 5 Fundamental Rights and Duties of Citizens00

Article 62

The terms for becoming a citizen of the Democratic People s Republic of Korea are defined by the Law on Nationality.

A citizen is under the protection of the DPRK regardless of the domicile.

Article 63

In the DPRK the rights and duties of citizens are based on the collectivist principle, One for all and all for one.

Article 64

The State shall effectively guarantee genuine democratic rights and liberties as well as the material and cultural well-being of its citizens.

In the DPRK the rights and freedom of citizens shall be amplified with the consolidation and development of the social system.

Article 65

Citizens enjoy equal rights in all spheres of State and public activities.

Article 66

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 religion.

Citizens serving in the armed forces also have the right to elect and to be elected. 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

Citizens are guaranteed freedom of speech, of the press, of assembly, demonstration and association.

The State shall guarantee conditions for the free activity of democratic political parties and social organizations.

Article 68

Citizens have freedom of religious beliefs. This right is granted by approving the construction of religious buildings and the holding of religious ceremonies.

No one may use religion as a pretext for drawing in foreign forces or for harming the State and social order.

Article 69

Citizens are entitled to submit complaints and petitions.

Complaints and petitions shall be investigated and dealt with according to procedure and within the period fixed by law.

Article 70

Citizens have the right to work.

All able-bodied citizens choose occupations in accordance with their wishes and skills and are provided with stable jobs and working conditions.

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 the working hours, 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 a physical disability, the old and children 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

Citizens are free to engage in scientific, literary and artistic pursuits.

The State shall grant benefits to inventors and innovators.

Article 75

Revolutionary fighters, the families of revolutionary and patriotic martyrs, the families of soldiers of the People s Army and disabled enjoy the special protection of the State and society.

Article 76

Women are accorded an equal social status and rights with men.

The State shall afford special protection to mothers and children by providing maternity leave, reduced working hours for mothers with many children, a wide network of maternity hospitals, creches and kindergartens, and other measures.

The State shall provide all conditions for women to play a full role in society.

Article 77

Marriages and the family shall be protected by the State.

The State pays great attention to consolidating the family, the basic unit of social life.

Article 78

Citizens are guaranteed inviolability of the person and the home and privacy of correspondence.

No citizens can be placed under control or be arrested nor can their homes be searched without a legal warrant.

Article 79

The DPRK shall grant the right of asylum to foreign nationals persecuted for struggling or peace and democracy, national independence and socialism for the freedom of scientific and cultural pursuit.

Article 80

Citizens shall firmly safeguard the political and ideological unity and solidarity of the people.

Article 81

Citizens shall strictly observe the laws of the State and the socialist standards of life and defend their honor and dignity as citizens of the DPRK.

Article 82

Collectivism is the basis of life of socialist society.

Citizens shall cherish their organization and collective and work devotedly for the good of society and the people.

Article 83

Work is noble duty and honor of a citizen.

Citizens shall willingly and conscientiously participate in work and strictly observe labor discipline and the working hours.

Article 84

Citizens shall take good care of State and communal property, combat all forms of misappropriation and waste and manage the nation s economy diligently as the masters.

The property of the State and the social, cooperative organization is inviolable.

Article 85

Citizens shall constantly increase their revolutionary vigilance and devotedly fight for the security of the State.

Article 86

National defense is the supreme duty and honor of citizens.

Citizens shall defend the country and serve in the army as required by law.

Treason against the country and the people is the most heinous of crimes and those who betray the country and the people are punishable with the full force of the law.

CHAPTER VI

STATE ORGAN

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.

The Standing Committee of the Supreme People's Assembly is a permanent body of the Supreme People's Assembly when it is not in session.

Article 88

Legislative power is exercised by the Supreme People's Assembly and the Standing Committee of the Supreme People's Assembly.

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

The Supreme People's Assembly is elected for a term of five years. A new Supreme People's Assembly is elected according to the decision of the Standing Committee of the Supreme People's Assembly prior to the expiry of its term of office.

When unavoidable circumstances render an election impossible, the term of office is prolonged until the election.

Article 91

The Supreme People's Assembly has the authority to:

1. amends the Constitution;

2. adopt or amend laws and ordinances;

3. approve the laws adopted by the Standing Committee 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 President of the Democratic People's Republic of Korea;

6. elect or recall the Vice-Presidents of the Democratic People's Republic of Korea on the recommendation of the President of the Democratic People's Republic of Korea:

7. elect or recall the Chairman of the National Defense Commission of the Democratic People's Republic of Korea;

8. 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;

9. elect or recall the Secretary and members of the Central People's Committee;

10. elect or recall the Secretary and members of the Standing Committee of the Supreme People's Assembly;

11. elect or recall the Chairmen, Vice-Chairmen and members of the Committees of the Supreme People's Assembly;

12. elect or recall the President of the Central Court;

13. appoint or remove the Prosecutor General of the Central Public Prosecutors Office;

14. elect or recall the Premier of the Administration Council on the recommendation of the President of the Democratic People's Republic of Korea;

15. appoint the Vice-Premiers, Chairmen, Ministers and other members of the Administration Council on the recommendation of the Premier of the Administration Council;

16. deliberate and approve the reports on the State plan for the development of the national economy and on its implementation;

17. deliberate and approve the State budget and the report on its implementation;

18. hear a report on the work of the central State bodies organized by the Supreme People's Assembly, when necessary and adopt measures;

19. decide on ratification and nullification of treaties suggested to the Supreme People's Assembly;

20. decide on questions of war and peace.

Article 92

The Supreme People's Assembly holds regular and extraordinary sessions.

Regular sessions are convened once or twice a year by the Standing Committee of the Supreme People's Assembly.

Extraordinary sessions are convened when the Standing Committee 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

The Supreme People's Assembly elects its Chairman and Vice-Chairmen. The Chairman presides over the sessions and represents the Supreme People's Assembly in foreign relations.

Vice-Chairmen assist the Chairman in his work.

Article 95

Items to be considered at the Supreme People's Assembly are submitted by the President of the Democratic People's Republic of Korea, the National Defense Commission of the Democratic People's Republic of Korea, the Standing Committee of the Supreme People's Assembly, the Central People's Committee, the Administration Council and the Committees of the Supreme People's Assembly.

Items can also be presented by deputies.

Article 96

The first session of the Supreme People's Assembly elects a Credentials Committee and, on hearing the Committee's report, adopts a decision confirming the credentials of deputies.

Article 97

The Supreme People's Assembly issues laws, ordinances and decisions.

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.

The Constitution is amended with the approval of more than two-thirds of the total number of deputies to the Supreme People's Assembly.

Article 98

The Supreme People's Assembly appoints the Bills Committee, the Budget Committee, the Foreign Affairs Committee, the Reunification Policy Committee and other Committees it deems necessary.

The Committees of the Supreme People's Assembly consists of Chairman, Vice-Chairmen and members. 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.

The Committees of the Supreme People's Assembly work under the guidance of the Standing Committee of the Supreme People's Assembly during the intervals of sessions of the Supreme People's Assembly.

Article 99

Deputies to the Supreme People's Assembly are guaranteed inviolability as such.

No deputy to the Supreme People's Assembly can 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 Standing Committee.

Article 100

The Standing Committee of the Supreme People's Assembly consists of the Chairman, Vice-Chairmen, Secretary and members.

The Chairman and Vice-Chairmen of the Supreme People's Assembly are ipso facto the Chairman and Vice-Chairmen of its Standing Committee.

The term of office of Standing Committee of the Supreme People's Assembly is the same as that of the Supreme People's Assembly.

Article 101

The Standing Committee of the Supreme People's Assembly has the duties and authority to:

1. examine and adopt bills raised in the intervals between sessions of the Supreme People's Assembly and amendments to current laws and ordinances and obtain the approval of the next session of the Supreme People's Assembly;

2. abrogate old laws and regulations when new bills and amendments to laws are adopted;

3. interpret current laws and ordinances;

4. convene sessions of the Supreme People's Assembly;

5. conduct the election of deputies to the Supreme People's Assembly;

6. work with the deputies to the Supreme People's Assembly;

7. work with the Committees of the Supreme People's Assembly;

8. organize the election of deputies to the local People's Assemblies;

9. elect or recall the Judges and People's Assessors of the Central Court;

10. conduct foreign affairs including work with parliaments of foreign countries and the organizations of international parliaments.

Article 102

The Standing Committee of the Supreme People's Assembly issues decisions and instructions.

Article 103

The Standing Committee of the Supreme People's Assembly continues its work until the Standing Committee of the Supreme People's Assembly is newly elected, even after the term of the Supreme People's Assembly expires.

Article 104

The Standing Committee of the Supreme People's Assembly is responsible for its work before the Supreme People's Assembly.

SECTION 2. THE PRESIDENT OF THE DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA

Article 105

The President of the Democratic People's Republic of Korea is the Head of State and represents the Democratic People's Republic of Korea.

Article 106

The term of office of the President of the Democratic People's Republic of Korea is the same as that of the Supreme People's Assembly.

Article 107

The President of the Democratic People's Republic of Korea has the duties and authority to:

1. guide the work of the Central People's Committee;

2. convene and preside over meetings of the Administration Council, when necessary;

3. promulgate the laws and ordinances of the Supreme People's Assembly, the decisions of the Standing Committee of the Supreme People's Assembly, important decrees and decisions of the Central People's Committee;

4. grant special pardon;

5. promulgate the ratification or abrogations of treaties concluded with other countries;

6. make public the appointment or recall of diplomatic representatives to other countries:

7. receive the credentials and letters of recall of diplomatic representatives accredited by foreign states.

Article 108

The President of the Democratic People's Republic of Korea issues edicts.

Article 109

The President of the Democratic People's Republic of Korea is accountable to the Supreme People's Assembly.

Article 110

The Vice-Presidents of the Democratic People's Republic of Korea assist the President in his work.

SECTION 3. THE NATIONAL DEFENSE COMMISSION OF THE DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA

Article 111

The National Defense Commission of the Democratic People's Republic of Korea is the highest military leadership body of State power in the Democratic People's Republic of Korea.

Article 112

The National Defense Commission of the Democratic People's Republic of Korea consists of the Chairman, the First Vice-Chairman, Vice-Chairmen and Members.

The term of office of the National Defense Commission is the same as that of the Supreme People's Assembly.

Article 113

The Chairman of the National Defense Commission of the Democratic People's Republic of Korea commands and directs all the armed forces.

Article 114

The National Defense Commission of the Democratic People's Republic of Korea has the duties and authority to:

1. direct the whole armed forces and defense upbuilding of the State;

2. appoint or remove important military cadres;

3. enact military ranks and confer military ranks higher than a general;

4. proclaim a state of war and mobilization order in case of emergency.

Article 115

The National Defense Commission of the Democratic People's Republic of Korea issues decisions and orders.

Article 116

The National Defense Commission of the Democratic People's Republic of Korea is accountable to the Supreme People's Assembly.

SECTION 4. THE CENTRAL PEOPLE' S COMMITTEE

Article 117

The Central People's Committee is the highest leadership body of State power in the Democratic People's Republic of Korea.

Article 118

The Central People's Committee is headed by the President of the Democratic People's Republic of Korea.

Article 119

The Central People's Committee consists of the President and Vice-Presidents of the Democratic People's Republic of Korea and the Secretary and members of the Central People's Committee.

The term of office of the Central People's Committee is the same as that of the Supreme People's Assembly.

Article 120

The Central People's Committee has the duties and authority to:

1. form the State policies and adopt measures for their implementation;

2. direct the work of the Administration Council and the local People's Assemblies and People's Committees;

3. direct the work of the judicial and procuratorial bodies;

4. guide the observance and implementations of laws by the State bodies and deal with problems arising from the implementation of laws;

5. supervise the observance of the Constitution and of the laws and ordinances passed by the Supreme People's Assembly, oversee the implementation of the decisions of the Supreme People's Assembly, of the decisions and directives of the Standing Committee of the Supreme People's Assembly, of the edicts of the President of the Democratic People's Republic of Korea, of the decisions and orders of the National Defense Commission of the Democratic People's Republic of Korea, and of the decrees, decisions and directives of the Central People's Committee, suspend the implementation of decisions by local People's Assemblies, and annul the decisions and directives of State bodies, which contravene them;

6. set up or abolish Commissions and Ministries, which are the administrative and executive bodies of the Administration Council;

7. appoint or remove Vice-Premiers, Chairmen, Ministers and other members of the Administration Council on the recommendation of the Premier of the Administration Council, when the Supreme People's Assembly is not in session;

8. appoint or remove members of Commissions of the Central People's Committee;

9. approve or nullify treaties concluded with other countries;

10. decide the appointment or recall of diplomatic representatives to other countries;

11. institute decorations, medals, titles of honor and diplomatic ranks and confer decorations, medals and titles of honor;

12. grant general amnesties;

13. establish or alter administrative districts.

Article 121

The Central People's Committee issues decrees, decisions and directives.

Article 122

The Central People's Committee establishes the necessary Commissions to assist it in its work.

Article 123

The Central People's Committee is accountable to the Supreme People's Assembly.

SECTION 5. THE ADMINISTRATION COUNCIL

Article 124

The Administration Council is the administrative and executive body of the highest organ of State power.

The Administration Council works under the guidance of the President of the Democratic People's Republic of Korea and the Central People's Committee.

Article 125

The Administration Council consists of the Premier, Vice-Premiers, Chairmen, Ministers and other members as required.

The term of office of the Administration Council is the same as that of the Supreme People's Assembly.

Article 126

The Administration Council has the duties and authority to:

1. direct the work of Commissions, Ministries, organs directly under its authority and local administrative and economic committees;

2. establish or abolish organs directly under its authority;

3. draft the State plan for the development of the national economy and adopt measures to put it into effect;

4. compile the State budget and adopt measures to implement it;

5. organize and execute the work of industries, agriculture, construction, transport, communications, commerce, trade, land administration, municipal administration, education, science, culture, health service, protection of environment, sightseeing, and so on;

6. adopt measures to strengthen the monetary and banking system;

7. conclude treaties with foreign countries and conduct external affairs;

8. adopt measures to maintain public order, protect the property and interests of the State and cooperative organizations, and safeguard the rights of citizens;

9. rescind the decisions and directives of administrative and economic bodies which run counter to the decisions and directives of the Administration Council.

Article 127

The Administration Council convenes Plenary Meetings and Meetings of the Permanent Committee. The Plenary Meeting consists of all the members of the Administration Council. The Meeting of the Permanent Committee consists of the Premier, Vice-Premiers and other members of the Administration Council appointed by the Premier.

Article 128

The Plenary Meeting of the Administration Council deliberates and decides on important matters arising in State administration.

The Meeting of the Standing Members of the Administration Council deliberates and decides on matters entrusted to it by the Plenary Meeting of the Administration Council.

Article 129

The Administration Council issues decisions and directives.

Article 130

The Administration Council is accountable to the Supreme People's Assembly, the President of the Democratic People's Republic of Korea and the Central People's Committee.

Article 131

The newly-elected Premier of the Administration Council takes an oath of allegiance before the President of the Democratic People's Republic of Korea on behalf' of the members of the Administration Council at the Supreme People's Assembly.

Article 132

Commissions and Ministries are departmental executive bodies of the Administration Council.

Commissions and Ministries issue directives.

SECTION 6. THE LOCAL PEOPLE' S ASSEMBLY AND THE PEOPLE' S COMMITTEE

Article 133

The People's Assembly of the province (or municipality directly under central authority), city (or district) and county is the local organ of State power.

Article 134

The local People's Assembly consists of deputies elected on the principle of universal, equal and direct suffrage by secret ballot.

Article 135

The term of office of the People's Assembly of the province (or municipality directly under central authority), city (or district) and county is four years.

Article 136

The local People's Assembly has the duties and authority to:

1. deliberate and approve the reports on the local plan for the development of the national economy and on its implementation;

2. deliberate and approve the reports on the local budget and 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 Chairman of the Administrative and Economic Committee at the corresponding level;

6. appoint or remove the Vice-Chairmen, Secretary, members of the Administrative and Economic Committee at the corresponding level;

7. elect or recall the Judges and People's Assessors of the Court at the corresponding level;

8. 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 137

The local People's Assembly convenes regular and extraordinary sessions.

Regular sessions are convened once or twice a year by the People's Committee at the corresponding level. 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 138

The local People's Assembly requires a quorum of at least two-thirds of the total number of deputies in order to meet.

Article 139

The local People's Assembly elects its Chairman.

The Chairman presides over the sessions.

Article 140

The local People's Assembly issues decisions.

Decisions of the local People's Assembly arc announced by the People's Committee at the corresponding level.

Article 141

The People's Committee of the province (or municipality directly under central authority), city (or district) and county exercises the function of the local organ of State power when the People's Assembly at the corresponding level is not in session.

Article 142

The local People's Committee consists of the Chairman, Vice-Chairmen, Secretary and members.

The term of office of the local People's Committee is the same as that of the corresponding People's Assembly.

Article 143

The local People's Committee has the 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. adopt measures to implement the decisions of the corresponding People's Assembly and the People's Assemblies and the People's Committees at higher levels;

5. direct the work of the Administrative and Economic Committee at the corresponding level;

6. direct the work of the People's Committees at lower levels;

7. direct the work of the institutions, enterprises and organizations within the given area;

8. rescind unwarranted decisions and directives of the Administrative and Economic Committee at the corresponding level and the People's Committees and Administrative and Economic Committees at lower levels, and suspend the implementation of unwarranted decisions of the People's Assemblies at lower levels;

9. appoint or remove the Vice-Chairmen, Secretary and members of the Administrative and Economic Committee at the corresponding level when the People's Assembly is not in session.

Article 144

The local People's Committee issues decisions and directives.

Article 145

The local People's Committee continues' its work until a new People's Committee is elected even after the term of office of the corresponding People's Assembly has expired;

Article 146

The local People's Committee is guided by the corresponding People's Assembly and the People's Assemblies and the People's Committees at higher levels and is accountable to them.

SECTION 7. THE LOCAL ADMINISTRATIVE AND ECONOMIC COMMITTEE.

Article 147

The Administrative and Economic Committee of the province (or municipality directly under central authority), city (or district) and county is the administrative and executive unit of the local organ of State power.

Article 148

The local Administrative and Economic Committee consists of the Chairman, Vice-Chairmen, Secretary and members.

The term of office of the local Administrative and Economic Committee is the same as that of the corresponding People's Assembly.

Article 149

The local Administrative and Economic Committee has the duties and authority to:

1. organize and carry out all administrative and economic affair in the given area;

2. carry out the decisions and directives of the People's Assembly and People's Committee at the corresponding level and of the People's Assemblies. People's Committees and the Administrative and Economic Committees at higher levels and the Administration Council;

3. draft the local plan for the development of the national economy and adopt measures to implement it;

4. compile the local budget and adopt measures for its implementation;

5. adopt measures to maintain public order, protect the property and interests of the State and cooperative organizations and safeguard the rights of citizens in the given area;

6. guide the work of the Administrative and Economic Committees at lower levels;

7. rescind unwarranted decisions and directives of the Administrative and Economic Committees at lower levels.

Article 150

The local Administrative and Economic Committee issues decisions and directives.

Article 151

The local Administrative and Economic Committee is accountable to the People's Assembly and People's Committee at the corresponding level. The local Administrative and Economic Committee is subordinate to the higher Administrative and Economic Committees and to the Administration Council.

SECTION 8. THE COURT AND THE PUBLIC PROSECUTORS OFFICE

Article 152

Justice is administered by the Central Court, the Court of the province (or municipality directly under central authority), the People's Court and the Special Court. Verdicts are delivered in the name of the Democratic People's Republic of Korea.

Article 153

The term of office of the President of the Central Court is the same as that of the Supreme People's Assembly, The term of office of Judges and People's Assessors of the Central Court, the Court of the province (or municipality directly under central authority) and the People's Court is the same as that of the People's Assembly at the corresponding level.

Article 154

The Chairman and Judges of the Special Court are appointed or removed by the Central Court.

The People's Assessors of the Special Court are elected by soldiers of the unit concerned or by employees at their meetings.

Article 155

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 judgments and findings with regard to property and conduct notarial work.

Article 156

Justice is administered by a Court consisting of one Judge and two People's Assessors. In special cases there may be three Judges.

Article 157

Court cases are heard in public and the accused is guaranteed the right of defense.

Hearings may be closed to the public as stipulated by law.

Article 158

Judicial proceedings are conducted in the Korean language.

Foreign citizens may use their own language during court proceedings.

Article 159

In administering justice, the Court is independent, and judicial proceedings are carried out in strict accordance with the law.

Article 160

The Central Court is the highest judicial organ of the Democratic People's Republic of Korea. The Central Court supervises the judicial activities of all the Courts.

The Central Court is guided by the Central People's Committee.

Article 161

The Central Court is accountable to the Supreme People's Assembly, the President of the Democratic People's Republic of Korea and the Central People's Committee. The Court of the province (or municipally directly under central authority) and the People's Court are accountable to their respective People's Assemblies.

Article 162

Investigation and prosecution are conducted by the Central Public Prosecutors Office, the Public Prosecutors, Offices of the province (or municipality directly under central authority), city (or district) and county and the Special Public Prosecutors Office.

Article 163

The term of office of the Prosecutor general of the Central Public Prosecutors Office is the same as that of the Supreme People's Assembly.

Article 164

Public prosecutors are appointed or removed by the Central Public Prosecutors Office.

Article 165

The functions of the Public Prosecutors Office are to:

1. ensure the strict observance of laws by institutions, enterprises, organizations and by citizens;

2. ensure that decisions and directives of State bodies conform with the Constitution, the laws and ordinances, decisions of the Supreme People's Assembly, the decisions and directives of the Standing Committee of the Supreme People's Assembly, the edicts of the President of the Democratic People's Republic of Korea, the decisions and orders of the National Defense Commission of the Democratic People's Republic of Korea, the decrees, decisions and directives of the Central People's Committee, and with the decisions and directives of the Administration Council;

3. expose 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 and personal rights as guaranteed by the Constitution and the people's lives and property.

Article 166

Investigation and prosecution are conducted under the unified direction of the Central Public Prosecutors Office, and all Public Prosecutors Offices are subordinate to their higher offices and the Central Public Prosecutors Office.

The Central Public Prosecutors Office is guided by the Central People's Committee.

Article 167

The Central Public Prosecutors Office is accountable to the Supreme People s Assembly, the President of the Democratic People's Republic of Korea and the Central People's Committee.

Chapter 7 National Emblem, Flag, National Anthem and Capital000

Article 168

The national emblem of the DPRK 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 169

The national flag of the DPRK 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 hoise.

The ratio of the width to its length is 1:2.

Article 170

The national anthem of the DPRK is the Patriotic Song.

Article 171

The capital of the DPRK is Pyongyang.

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Laws of the Democratic People's Republic of Korea (North Korea)

DPRK's SOCIALIST CONSTITION (1950; not current)