Constitution of North Korea

The Socialist Constitution of the Democratic People's Republic of Korea (북한 사회주의헌법/北韓 社會主義憲法) is the constitution of the Democratic People's Republic of Korea (DPRK, usually called North Korea).

In a society where the rule of Great Leaders prevails rather than rule of law, the constitution seems to have little sublime authority. Actually, the hierarchy of legal regime - constitution > law > decree > ordinance - does not apply. In North Korea, it does matter who makes the law, ordinance and decision, e.g. the Supreme People's Assembly (SPA, 최고인민회의/最高人民會議), SPA Presidium or Standing Committee (최고인민회의 상임위원회/常任委員會) or Cabinet (내각/內閣).

Article 156 (Duties of Prosecutors' Office) of the North Korean Constitution sets forth the hierarchy of the legal regime from the Constitution (헌법/憲法); to the laws and ordinances (법령/法令), decisions (결정/決定) of the SPA; orders (명령/命令) of the Chairman of the National Defense Committee (NDC, 국방위원회/國防委員會); to the decisions (결정) and directives (지시/指示) of the NDC; to the decrees (정령/政令), decisions (결정) and directives (지시) of SPA Presidium; to the decisions (결정) and directives (지시) of the Cabinet.

The Constitution of North Korea was initially established in 1948, and amended from time to time in 1972, 1992, 1998, 2009 and 2012.

The Constitution currently in force dates from April 2009 and lays out the framework of the national government and the functions of the ruling state party, the Workers' Party of Korea (조선노동당/朝鮮勞動黨) in relation to the government's operations.

Key words
socialist constitution, rule of law, hierarchy of legal system, civil rights

Content
The current Constitution of North Korea is divided into 166 articles, split between three sections.

Preamble (서문)

Chapter I. Politics (정치)

Chapter II. Economy (경제)

Chapter III. Culture (문화)

Chapter IV. National Defense (국방)

Chapter V. Basic Rights and Responsibilities of Citizens (공민의 기본권리와 의무)

Chapter VI. State Organizations (국가기관)
 * Section 1. The Supreme People's Assembly (SPA, 최고인민회의)
 * Section 2. Chairman of the National Defense Commission (국방위원회 위원장)
 * Section 3. The National Defense Commission (국방위원회)
 * Section 4. The SPA Presidium (최고인민회의 상임위원회)
 * Section 5. The Cabinet (내각)
 * Section 6. Local People's Assembly (지방인민회의)
 * Section 7. Local People's Committee (지방인민위원회)
 * Section 8. Prosecutors' Offices and Courts (검찰소와 재판소)

Chapter VII. National Emblem, National Flag, National Anthem, and Capital

Analysis
The Constitution establishes North Korea's official name and its status as a socialist state. Article 12 defines the country as a "dictatorship of people's democracy" under the leadership of the Workers' Party.

It provides for civil and political rights, such as freedom of expression, the right to elect officials, the right to a fair trial, and freedom of religion.

It asserts the right of every citizen to work, education, food, and health care.

However, Article 81 requires that all North Koreans "firmly safeguard the political and ideological unity and solidarity of the people," and Article requires that citizens observe "the socialist standards of life."

2009 and 2012 Revisions
The new, amended in 2009 version of DPRK Constitution is six articles longer than the previous version adopted in of 1998.

Section 2 of Chapter VI “Chairman of the National Defense Commission” (국방위원회 위원장) is entirely new. The Chairman of National Defense Commission is the Great Leader (최고영도자) and has an authority to guide the nationwide affairs. Some of the authorities and powers of SPA and the National Defense Committee, as stated in 1998 Constitution, have been transfered to the Chairman.

The 1998 Constitution attracted worldwide attention because it was the Cabinet-oriented and the Workers' Party power-undermined. The trend was reversed in September 2010 when the genereal meeting of Workers' Party Representatives had the vacancies at the Politbureau, Secretariat, Central Military Committee almost filled up. To make matters one-sided, the successor Kim Jong-un Regime seems to reinforce the civilian control over the armed forces in the name of people's livelihood stability and economic development. It was the Politbureau's blitzkrieg decision on Sunday, July 15, 2012 with its standing members, ordinary members and candidates all present that dismissed the Chief-of-Staff Lee Young-ho. It was reported the military-run businesses had been transferred to the Cabinet.

In Articles 29 and 40 (Economy and Culture respectively) the word "communism" was dropped. Likewise, the Taean Work system was skipped in the 2010 Enterprise Act.

The 2009 Constitution transferred the authority of SPA Presidium to Great Leader Chairman of NDC and the NDC itself, not to the separated organization like the Central Peoples' Committee as provided for in the 1972 Constitution. At the genereal meeting of Workers' Party Representatives held in September 2010, Kim Jong-un was nominated as four-star general of the Peoples' Army, and elected as Vice Chairman of the Central Militrary Committee of the Peoples' Party as well as a member of the Politbureau. The succession process was smoothly conducted. In April 2012 after the sudden death of Kim Jong-il in December 2011, the fifth session of the SPA 12th Meeting declared the deceased Kim Jong-il as Permanent Chairman of National Defense Commission, and selected Kim Jong-un as the First Chairmant of NDC.

The Constitution was again amended in 2012 during the 5th Session of the 12th Supreme People's Assembly to include changes in the preamble that states the legacy of Kim Jong-il in nation building and North Korea being a "nuclear-armed state", Section 2 of Chapter VI, and several articles and provisions were revised accordingly due to provisions of Articles 91 and 95 that provide for constitutional amendments that are to be done by the SPA in its plenary sessions.