Socialist Constitution of the Democratic People's Republic of Korea (1992)
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Chapter 1. Politics
[edit]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 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, a world outlook centered on people and a revolutionary ideology for achieving the independence of the masses of people.
Article 4. The sovereignty of the Democratic People’s Republic of Korea 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 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. Deputies to the organs of State power at all levels have close ties with their electors and are accountable to them for their work. The electors may recall the deputies they have elected in the case of loss of confidence.
Article 8. The social system of the Democratic People's Republic of Korea is a people-centered system under which the working people are the 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 Democratic People's Republic of Korea 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 in ideology, technology and culture, and reunify the country on the principle of independence, peaceful reunification and great national unity.
Article 10. The Democratic People's Republic of Korea rests on the political and ideological unity of all the people based on the alliance of workers and peasants led by the working class. The State shall revolutionize all the members of society, and assimilate them to the working class by intensifying the ideological revolution, and shall turn the whole of society into a collective, united in a comradely way.
Article 11. The Democratic People's Republic of Korea 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 arouse them to conscious enthusiasm preferentially through political work, 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 Democratic People's Republic of Korea shall champion the democratic national rights of Koreans overseas and their rights recognized by the international law.
Article 16. The Democratic People's Republic of Korea shall guarantee the legal rights and interests of foreigners in its territory.
Article 17. Independence, peace and friendship are the basic ideals of the foreign policy and the principles of external activities of the Democratic People's Republic of Korea. 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 independence, resolutely support and encourage the struggle of all 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 Democratic People's Republic of Korea 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
[edit]Article 19. The Democratic People's Republic of Korea relies on the socialist production relations 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 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 factories and 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 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. 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 workers. The State shall provide all workers with every condition for obtaining food, clothing and housing.
Article 26. 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 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 workers and the peasants, 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. Labor in the Democratic People's Republic of Korea is an independent and creative labor of the workers, who have been freed from exploitation and suppression. The State renders the labor of our workers, 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 working day shall be eight hours. The length of the working day shall be reduced by the State in arduous trades and other special categories of work. The State shall guarantee that the working hours are fully utilized through proper organization of labor and enforcement of labor discipline.
Article 31. In the Democratic People's Republic of Korea the minimum working age is 16 years. The State shall prohibit the employment of children under the minimum 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 creativeness of each unit, unitary direction with democracy, political and moral incentive with material incentive in the guidance and management of the socialist economy.
Article 33. The State shall direct and manage 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 collective effort of the producer masses, and through the system of agricultural guidance whereby agricultural management is conducted by industrial methods.
Article 34. The people's economy of the Democratic People's Republic of Korea is a planned economy. The State shall draw up and implement the plans for the development of the people's economy in accordance with the laws of socialist economic development so that the balance of accumulation and consumption can be maintained correctly, economic construction accelerated, the people's living standard steadily raised and the national defense strengthened. The State shall ensure a high rate of growth in production and a balanced development of the people's economy by implementing unified and detailed planning.
Article 35. The Democratic People's Republic of Korea shall compile and implement the State budget according to the plan for the development of the people's economy. The State shall systematically increase its accumulations and expand and develop socialist property by intensifying the campaign for increased production and greater economy, and by exercising strict financial control in all spheres.
Article 36. Foreign trade in the Democratic People's Republic of Korea 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 to protect the independent national economy.
Chapter 3. Culture
[edit]Article 39. Socialist culture, which is flourishing and developing in the Democratic People's Republic of Korea, contributes to the improvement of the creative ability of the workers and to meeting their sound cultural and aesthetic demands.
Article 40. The Democratic People's Republic of Korea shall, by carrying out a thorough cultural revolution, train all the 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, and make the whole society intellectual.
Article 41. The Democratic People's Republic of Korea 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 and 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 eleven-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 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 nurseries 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 elaborate a correct plan to develop science and technology, set up a strict discipline to implement it, and strengthen creative cooperation among scientists, technicians and producers.
Article 52. The State shall develop a Juche-oriented, revolutionary art and literature, 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 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 workers 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 thoroughly prepare the people for work and national defense by popularizing physical culture and sport and making it their daily regime, and augment sporting skills to meet our country's reality and the trend in modern sporting skills.
Article 56. The State shall protect people's lives and improve the workers' 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 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
[edit]Article 58. The Democratic People's Republic of Korea rests on the people's nationwide defense system.
Article 59. The mission of the armed forces of the Democratic People's Republic of Korea 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 defense, the foundation of which is to arm the entire people, fortify the entire country, train the entire army into a cadre army and modernize the entire 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 Citizens
[edit]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 Democratic People's Republic of Korea regardless of the 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. The State shall effectively guarantee genuine democratic rights and liberties as well as the material and cultural well-being of all its citizens. In the Democratic People's Republic of Korea, the rights and freedom of citizens shall be 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. 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 army 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. Religion must not be used 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. The State shall fairly investigate and deal with complaints and petitions as 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. Copyright, inventions and patents shall be protected by law.
Article 75. Revolutionary fighters, the families of revolutionary and patriotic martyrs, the families of soldiers of the People's Army and disabled soldiers 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, nurseries and kindergartens, and other measures. The State shall provide all conditions for a woman to play a full role in society.
Article 77. Marriage 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 Democratic People's Republic of Korea shall grant 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 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 Democratic People's Republic of Korea.
Article 82. Collectivism is the basis of socialist social life. Citizens shall cherish their organization and collective and work devotedly for the good of society and the people.
Article 83. Work is the 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 the property of the State and cooperative organizations, combat all forms of misappropriation and waste and manage the nation's economy diligently as the masters. The property of the State and cooperative organizations 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 6. State Organs
[edit]Section 1. The Supreme People’s Assembly
[edit]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 the 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 following powers.
- Amend the Constitution.
- Adopt or amend the laws.
- Approve the laws adopted by the Standing Committee of the Supreme People’s Assembly when the Supreme People’s Assembly was not in session.
- Establish the basic principles of the State's domestic and foreign policies.
- Elect or recall the President of the Democratic People’s Republic of Korea.
- 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.
- Elect or recall the Chairman of the National Defense Commission of the Democratic People’s Republic of Korea.
- 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.
- Elect or recall the Secretary and members of the Central People’s Committee.
- Elect or recall the Secretary and members of the Standing Committee of the Supreme People’s Assembly.
- Elect or recall the Chairman, Vice Chairmen and members of the Committees of the Supreme People’s Assembly.
- Elect or recall the President of the Central Court.
- Appoint or remove the Prosecutor General of the Central Public Prosecutors Office.
- Elect or recall the Premier of the Administration Council on the recommendation of the President of the Democratic People’s Republic of Korea
- Appoint the Vice Premiers, Ministers and other members of the Administration Council on the recommendation of the Premier of the Administration Council.
- Deliberate and approve the State plan for the development of the people’s economy and the report for its implementation.
- Review and approve the State budget and the report on its execution.
- Hear a report on the work of the central State organs organized by the Supreme People's Assembly when necessary and adopt measures
- Decide on ratification or nullification of treaties suggested to the Supreme People’s Assembly.
- 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 work of the Chairman.
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 have the following duties and powers.
- 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.
- Abrogate old laws and regulations when new bills and amendments to laws are adopted.
- Interpret current laws and ordinances.
- Convene sessions of the Supreme People’s Assembly.
- Conduct the election of deputies to the Supreme People's Assembly.
- Work with the deputies to the Supreme People’s Assembly.
- Work with the Committees of the Supreme People's Assembly.
- Organize the election of deputies to the local People’s Assemblies.
- Elect or recall the Judges and People’s Assessors of the Central Court.
- 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 Presidium of the Supreme People's Assembly is accountable to the Supreme People's Assembly.
Section 2. The President of the Democratic People’s Republic of Korea
[edit]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 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 following duties and powers.
- Guide the work of the Central People’s Committee.
- Convene and preside over meetings of the Administration Council when necessary.
- Promulgate the laws and ordinances of the Supreme People’s Assembly, the decisions of the Standing Committee of the Supreme People’s Assembly, and the important decrees and decisions of the Central People’s Committee.
- Grant special pardons.
- Promulgate the ratification or abrogations of treaties concluded with other countries.
- Make public the appointment or recall of diplomatic representatives to other countries.
- Receive the credentials and letters of recall of diplomatic representatives accredited by foreign countries.
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 work of the President.
Section 3. The National Defense Commission of the Democratic People’s Republic of Korea
[edit]Article 111. The National Defense Commission of the Democratic People’s Republic of Korea is the highest military leadership organ of state power of 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, First Vice Chairman, Vice Chairmen and members. The term 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 of the armed forces.
Article 114. The National Defense Commission of the Democratic People’s Republic of Korea has the following duties and power.
- Guide the overall armed forces of the state and the work of national defense construction.
- Appoint or remove key military officials.
- Enact military titles and award military titles higher than a general.
- 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
[edit]Article 117. The Central People’s Committee is the highest leadership organ of State power of 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 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 following duties and powers.
- Form the State's policies and adopt measures for their implementation.
- Direct the work of the Administration Council and the local People's Assemblies and People's Committees.
- Direct the work of the judicial and procuratorial organs.
- Guide the observance and implementations of laws by the State organs and deal with problems arising from the implementation of laws
- 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 organs, which contravene them.
- Set up or abolish Commissions and Ministries, which are the administrative and executive organs of the Administration Council.
- 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.
- Appoint or remove members of Commissions of the Central People's Committee.
- Approve or nullify treaties concluded with other countries.
- Decide the appointment or recall of diplomatic representatives to other countries.
- Institute decorations, medals, titles of honor and diplomatic ranks and confer decorations, medals and titles of honor.
- Grant general amnesties.
- 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 its work.
Article 123. The Central People’s Committee is accountable to the Supreme People's Assembly.
Section 5. The Administration Council
[edit]Article 124. The Administration Council is the administrative executive organ 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 the Administration Council is the same as that of the Supreme People’s Assembly.
Article 126. The Administration Council has the following duties and powers.
- Direct the work of Commissions, Ministries, organs directly under its authority and local administrative and economic committees;.
- Establish or abolish organs directly under its authority.
- Draft the State plan for the development of the national economy and adopt measures to put it into effect
- Compile the State budget and adopt measures to implement it.
- 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.
- Adopt measures to strengthen the monetary and banking system.
- Conclude treaties with foreign countries and conduct external affairs.
- Adopt measures to maintain public order, protect the property and interests of the State and cooperative organizations, and safeguard the rights of citizens.
- Rescind the decisions and directives of administrative and economic organs 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 meetings of the Administration Council consist of all the members of the Administration Council, and the permanent committee meetings of the Administration Council consist of the Premier, Vice Premiers and other members of the Administration Council appointed by the Premier.
Article 128. The plenary meetings 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 for its work.
Article 131. The newly-elected Premier of the Administration Council takes an oath 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 of the Administration Council are the departmental executive organ of the Administration Council. The Commissions and Ministries of the Administration Council issue directives.
Section 6. The Local People’s Assembly and People’s Committee
[edit]Article 133. The People's Assembly of the province (or direct-controlled municipality), 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 the People’s Assembly of the province (or direct-controlled municipality), city (or district) and county is four years.
Article 136. The local People’s Assembly has the following function and power.
- Deliberate and approve the reports on the local plan for the development of the national economy and on its implementation.
- Deliberate and approve the reports on the local budget and on its implementation.
- Adopt measures to observe State laws in the area concerned.
- Elect or recall the Chairman, Vice Chairmen, Secretary and members of the People's Committee at the corresponding level.
- Elect or recall the Chairman of the Administrative and Economic Committee at the corresponding level.
- Appoint or remove the Vice Chairmen, Secretary, members of the Administrative and Economic Committee at the corresponding level.
- Elect or recall the Judges and People's Assessors of the Court at the corresponding level.
- 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 are promulgated by the People's Committee at the corresponding level.
Article 141. The People’s Committee of the province (or direct-controlled municipality), city (or district) and county is 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 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 following duties and powers.
- Convene sessions of the People's Assembly.
- Organize the election of deputies to the People's Assembly.
- Work with the deputies to the People's Assembly.
- 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.
- Direct the work of the Administrative and Economic Committee at the corresponding level.
- Direct the work of the People's Committees at lower levels.
- Direct the work of the institutions, enterprises and organizations within the given area.
- 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.
- 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 the election of the new People’s Committee, even after the term 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 Administrative and Economic Committee
[edit]Article 147. The Administrative and Economic Committee of the province (or direct-controlled municipality), 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 the members. The term 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 following duties and powers.
- Organize and carry out all administrative and economic affair in the given area.
- 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.
- Draft the local plan for the development of the national economy and adopt measures to implement it.
- Compile the local budget and adopt measures for its implementation.
- 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.
- Guide the work of the Administrative and Economic Committees at lower levels.
- Rescind unwarranted decisions and directives of the Administrative and Economic Committees at lower levels.
Article 150. The local Administrative and Economic Committee approves decisions and issues 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 obeys the higher Administrative and Economic Committees and the Administration Council.
Section 8. The Courts and the Public Prosecutors Office
[edit]Article 152. Justice is administered by the Central Court, the Court of the province (or direct-controlled municipality), 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 the President of the Central Court is the same as that of the Supreme People’s Assembly. The term of the Judges and People’s Assessors of the Central Court, the Court of the province (or direct-controlled municipality), the People’s Court is the same as that of the relevant People’s Assembly.
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 Courts have the following functions.
- 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.
- Ensure that all State organs, enterprises, social cooperative organizations and citizens abide strictly by State laws and staunchly combat class enemies and all law-breakers.
- 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 direct-controlled municipality) and the People's Court are accountable to their respective People’s Assembly.
Article 162. Investigation and prosecution is conducted by the Central Public Prosecutors Office, the Public Prosecutors Offices of the province (or direct-controlled municipality), city (or district) and county, and the Special Public Prosecutors Office.
Article 163. The term 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 Public Prosecutors Office have the following functions.
- Ensure the strict observance of state laws by organs, enterprises, social cooperative organizations and by citizens.
- 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
- 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, National Flag, National Anthem and Capital
[edit]Article 168. 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 169. 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, and the central red panel bears a five-pointed red star within a white circle near the hoist. The ratio of the width to its length is 1:2.
Article 170. The national anthem of the Democratic People’s Republic of Korea is “The Patriotic Song.”
Article 171. The capital of the Democratic People’s Republic of Korea is Pyongyang.
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