Review of DPRKs Revised Constitution (1)


By Chin Gil Sang, professor at Korea University in Japan

 

Preamble

 

Laws and regulations can not be permanent. They are revised in accordance with the requirements of the time. The Constitution of the DPRK is no exception.

The DPRK Constitution is the supreme law of the country. This means that every state law originates in it and each authority is to be subordinated to and bound by it.

The first Constitution of the DPRK was established in 1948, and revised in 1972 and 1992.

The 1948 Peoples Democratic Constitution was aimed at legally establishing achievements made by the anti-feudal democratic revolution and providing a favorable condition for socialist revolution (until the country established its socialist system in 1958).

The 1972 Constitution was aimed at strengthening the socialist system which liquidated human suppression and exploitation, and achieving a complete victory of socialism.

The 1992 Constitution was aimed at legalizing the achievements and experiences obtained in the past 20 years of revolution, and meeting the new demand for a completion of the Juche revolutionary cause.

The history of the Constitution shows its revisions and supplementations were made in a 20-year cycle.

The latest Constitution, which emerged after a six-year interval, suggests that socialist Korea had gone through unprecedented changes and hard trials.

During the past 6-year period;

-President Kim Il Sung, the founder of the DPRK, passed away.

-Imperialists intensified their large-scale anti-north Korean campaigns to undermine the socialist system.

-Flooding and drought of a scale that could occur only one in a century, hit the northern half of the Korean Peninsula, causing a food shortage problem.

 

New changes in the internal and external situation and the reality in the new era for the Juche revolutionary cause demanded a new Constitution which could legally establish the peoples noble achievements and experiences and new policies and plans indicated by the WorkersParty of Korea, and which could reorganize and readjust the state organs to heighten the functions and roles of the peoples government.

The new Constitution from Chapter I to V provides for the governments policies and lines, and the fundamental issues of its socialist system.

The new Constitution newly introduces a preamble and largely revises Chapter VI (state organs).

Preambles in other countriesconstitution in general summarize the history of state foundation and development, and stipulate the states ideas.

The Korean Constitution, however, consists of the one idea that President Kim Il Sung is always with us.

Thus, it summarizes his immortal accomplishments and moral traits, expressing the firm determination of the WPK and the people to uphold him as the eternal President of the DPRK and to inherit and complete his socialist cause.

The Preamble notes in the closing part of it that the new Constitution is a Kim Il Sung Constitution, which legally embodies his Juche state construction ideology and attainments.

 

New Constitution (In force since Sep. 5, 1998)

Old Constitution

Preamble

 

The Democratic Peoples Republic of Korea is a socialist fatherland of Juche, which embodies the idea of and guidance by the great leader Comrade Kim Il Sung.

The great leader Comrade Kim Il Sung is the founder of the DPRK and the socialist Korea.

 

The DPRK and the entire Korean people will uphold the great leader Comrade Kim Il Sung as the eternal President of the Republic, defend and carry forward his ideas and exploits and complete the Juche revolution under the leadership of the WorkersParty of Korea.

 

The DPRK Socialist Constitution is a Kim Il Sung constitution, which legally embodies Comrade Kim Il Sungs Juche state construction ideology and achievements.

 

There is no preamble.

 

 Chapter I (Politics)

 

In general, the main content of a Constitution is the fundamental human rights and regulations concerning a state organic system. The DPRK Constitution, in addition to these, fully stipulates its principles concerning politics, economy, culture and military affairs.

Chapter I of the new Constitution is the same as that of the old Constitution except for a single word. The revolutionary powerwritten in article 2 was revised to read the revolutionary state.

 

Chapter I (article 1-18)

Chapter I (article 1-18)

Article 2

 

The DPRK is a revolutionary state 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 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.

 

 

Chapter II (Economy)

 

Some changes are observed in articles 21, 22, 24,33, 34, 36 and 37 of Chapter II.

The word socialwas added to the expression cooperative organizations,at its head which appears in some parts of article 22. This means the range of those who can possess such property as land, agricultural machinery, ships, medium-small sized factories and enterprises (article 22, paragraph 2)is expanded. These property rights in the past only belonged to the cooperative organizations,which consist of farm, production, fishery, and service organizations. The introduction of the new word permits the social cooperative organizationsto enjoy the equal rights. They include economic and cultural organizations. This means a certain cultural center or institute, for instance, are able to manage a trading company.

Among some small changes made in article 24, which mentions private property, the supplementation of the new phrase, income from other legal economic activitiesis noticeable.

The old Constitution listed as its individual property labor reward, additional benefits from the state and society, and individual sideline activities including those from kitchen gardens. Apart from these, however, there actually exist other private but legal property. They include inherited and granted fortunes, captured fish, hunted animals, wild plants and reward from copyright and patents.

The newly supplemented phrase provides a legal guarantee, which protects the private property of the latter.

 

Chapter II (article 19-38)

 

Article 21

 

Only the State possesses all the natural resources, railways, airports, transportation, communication establishments and major factories, enterprises, ports and banks.

Chapter II (article 19-38)

 

Article 21

 

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

Article 22

 

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

Article 22

 

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

Article 24

 

The products of individual sideline activities including those from the kitchen gardens of cooperative farmers and income from other legal economic activities shall also belong to private property

Article 24

 

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

 

 

 

Paragraph 2, article 33 was newly introduced aimed at putting emphasis on implementation of a self-supporting accounting system by factories, enterprizes, etc.

Article 36 newly defines social cooperative organizations as capable of conducting trade activities.

Article 37 added the words within a special economic zone.” “A special economic zonemeans the Rajin-Sonbong economic trade zone and bonded zones. Some tourist areas may be included in it.

 

Article 33, Paragraph 2

 

The State shall introduce a cost accounting system in the economic management according to the demand of the Taean work system, and utilize such economic levers as prime costs, prices and profits.

Article 33

 

It has no paragraph 2.

Article 36

 

In the DPRK, the State and social cooperative organizations shall conduct foreign trade activities.

Article 36

 

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

Article 37

 

The State shall encourage institutions, enterprises or associations of the DPRK to establish and operate equity and contractual joint venture enterprises with corporations or individuals of foreign countries within a special economic zone.

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.

 

 

Chapter III. Culture

Some minor changes are observed in articles 51, 55 and 56 of Chapter III. The sentence accelerate the development of the science and technology of the statein article 51 and the words carry out the policyin articles 55 and 56 were deleted.

 

New Constitution

Old Constitution

Chapter III

 

Article 51

 

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

 

 

 

 Article 55

 

The State shall popularize physical culture and make it in a habit of peoples 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 shall consolidate and develop the system of universal free medical service, and consolidates the section doctor system and the system of preventive medicine to protect peoples life and improve working peoples health.

Chapter III

 

Article 51

 

The State shall draw up a proper plan for scientific research work, consolidate creative cooperation between scientists, specialists and producer masses, and accelerate the development of the science and technology of the state.

 

Article 55

 

The State shall carry out the policy to popularize physical culture and make it in a habit of peoples 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 shall consolidate and develop the system of universal free medical service, and consolidates the section doctor system, and carry out the policy of preventive medicine to protect peoples life and improve working peoples health.

 

 

Chapter IV. Defense

The order of word arrangement was changed in article 60. The sentence to arm the entire people, fortify the country, train the army into a cadre army and modernize the armyin the old Constitution was rearranged to read to train the army into a cadre army, modernize the army, arm the entire people, and fortify the country.

To train the army into a cadre army means to make all soldiers and officers fully prepared for higher ranking roles in case of emergency. To modernize the army is to equip the KPA with modern weapons and tools and to arm them with modern military science and technology.

The four above-mentioned tasks constitute the main parts of the self-defence line of the WPK, and are decisive elements to strengthen the country militarily.

 

Chapter IV (article 39-57)

 

Article 60

 

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

Chapter IV(article 39-57)

 

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.

 

 

Chapter V. Fundamental Rights and Duties of Citizens

Revisions, supplementations or deletions were made in articles 69, 74, 75, 78, 80, 81, 84 and 86 of Chapter V.

Article 74 newly introduces regulations on legal protection of patent rights.

Patent rights mean exclusive rights in production and sales granted for a certain period those who invented new and practical scientific and technological material or those who inherited a new technology. (Page 653, The DPRK Civil Law Dictionary)

Patent rights possessors enjoy profit based on it. (Application and registration are required.) Thus, newly supplemented patent rights largely contribute to protecting an intellectual property

Article 75 newly added citizensrights to free travel and residence.

Article 81 of the new Constitution combines articles 80 and 82 of the old one.

Meanwhile, a regulation concerning treason against the state and the people mentioned in article of the old Constitution 86 was deleted.

 

 

Chapter V (article 62-86)

 

Article 69, paragraph 2

 

Complaints and petitions shall be fairly investigated and dealt with according to law.

 

 

Article 74, paragraph 3

 

Copyright, inventorsrights and patent rights shall be protected by law.

 

Article 75

 

The citizens shall have freedom to reside in and travel to any place.

 

Article 78, paragraph 2

 

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

 

Article 80

 

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 81

 

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

 

Citizens must value organizations and collectives, and must demonstrate the spirit of devoting themselves to the work for the society and the people.

 

 

 

Article 84

 

Citizens shall take good care of State and social cooperative organizationsproperty, combat all forms of misappropriation and waste and manage the nations economy diligently as the masters.

 

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.

 

 

Chapter V(article 62-86)

 

Article 69, paragraph 2

.

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

 

Article 74, paragraph 3

 

Copyright and inventorsrights shall be protected by law.

 

 

 

 

 

 

Article 77, paragraph 2

 

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

 

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 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 84

 

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

 

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 Peoples Assembly

 

 

Highlights of the new Constitution are the introduction of a preamble and a drastic rearrangement of state organs.

The new Constitution eliminated the system of Presidency, the Central Peoples Committee and the Standing Committee of the SPA, newly set up the SPA Presidium, and abolished the Administration Council to be replaced by the newly instituted Cabinet.

The system of Presidency, which was not designated in the 1948 Constitution, was newly introduced in the 1972 Socialist Constitution.

Its main idea was to highly uphold Kim Il Sung as President and the state head and guarantee the monolithic system of his guidance.

 Although the new Constitution scrapped the presidential system, it decided to regard him as the eternal President of the DPRK.

The Presidents authority and duties concerning diplomatic affairs have been transferred to the SPA Presidium and its President. They include promulgation, ratification and renunciation of a treaty with a foreign country, appointing and recalling diplomatic representatives abroad, and accepting credentials and issuing summons to foreign envoys.

As for the SPA as the supreme sovereign organ, some sentences were partly polished up.

Noticeable is the deletion of a phrase mentioning the SPAs authority to decide on questions of war and peace (article 91, paragraph 20). This suggests that matters concerning national defense and sovereignty will be fully taken care of by the National Defense Commission.

The newly introduced words except for a flagrant offence(article 99) allows authorities in charge to arrest and punish SPA deputies any time in case of a flagrant offence.

 Meanwhile, the new Constitution excluded the NDC from the organs, which submit items to be considered at the SPA (article 95). This makes clear the fact that a defense issue is to be discussed not by the SPA but by the NDC.

 

 

New Constitution

Chapter IV. State Organ

Section 1. The Supreme Peoples Assembly (Article 87-99)

 

*Section 1 in the old Constitution consists of article 87-104.

 

Article 88

 

The SPA exercises legislative power.

 

When the SPA is not in session, the SPA Presidium (the Standing Committee of the SPA in the old Constitution) also can exercise legislative power.

 

Article 91

 

The SPA has the authority to:

 

1. amend and supplement (newly added) the Constitution,

 

2. adopt, amend and supplement departmental laws, (newly added)

 

3. approve major departmental laws (laws in the old Const.) adopted by the SPA Presidium (the Standing Committee of the SPA) in the intervals between the sessions of the SPA,

 

6. elect or remove the President of the SPA Presidium, (newly supplemented phrase)

 

8. elect or transfer the vice-presidents, honorary vice presidents (newly added) secretary and members of the SPA Presidium,

 

9. elect or transfer the Premier of the Cabinet, (Administration Council)

 

10. appoint the vice premiers of the Cabinet (Administration Council), chairmen of commissions, ministers and other members of the Cabinet (Administration Council) according to the recommendation of the Premier of the Cabinet,

 

16. receive a report on the work of the Cabinet and national institutions (a report on the work of the central State bodies organized by the SPA) and adopt measures, if necessary,

 

Article 94

 

The SPA elects its Chairman and vice chairmen. The Chairman presides over the sessions. (The Chairman presides over the sessions and represents the Supreme People's Assembly in foreign relations.)

 

Article 95

 

Items to be considered at the Supreme People's Assembly are submitted by the SPA Presidium (The Standing Committee of the SPA), Cabinet (The Administration Council) and SPA departmental committees (SPA Committees).

 

*The President of the DPRK, the National Defense Commission, the Central Peoples Committee were deleted. 

 

Article 98

 

The SPA appoints departmental committees such as the Bills Committee and the Budget Committee.

 

* The Foreign Affairs Committee and the Reunification Policy Committee were deleted.

 

Article 99

 

Deputies to the SPA are guaranteed inviolability as such.

 

No deputy to the SPA can be arrested or punished without the consent of the SPA or, when it is not in session, without the consent of the SPA Presidium, except for a flagrant offence. (newly added)

 

Articles 100, 101, 102, 103 and 104 in the old Constitution, which mention role and function of the SPA Standing Committee were deleted.

 

 

Section 3. The SPA Presidium (article 106-116)

 

The new Constitution integrates the Central Peoples Committee (CPC) and the SPA Standing Committee into the newly established SPA Presidium, which inherits most parts of the authority granted for the state President.

(Under the 1948 Constitution, in which no presidential system and the CPC were established yet, the SPA Standing Committee was the supreme sovereign organ when the SPA was in recess.)

The SPA Presidium as the supreme sovereign organ when the SPA is in recess, plays a sovereign supervisory role on all affairs of the state except for national defense matters.

This does not mean that the Presidium takes care of law execution in all of its aspects. It means that the Presidium supervises matters of basic principles and primary importance. In other words, the Presidium collectively discusses and decides matters of importance, and sets up proper measures concerning them. .

The new Constitution supplements a phrase of the President of the SPA Presidium where it represents the state. This means its president takes charge of all state affairs but military affairs as representative of the state.

The constitutional alternation significantly enhances the status of the SPA Presidium, transferring to it most parts of the authority earlier granted the SPA Standing Committee, the Central Peoples Committee and the state President.

A new provision for examining and approving the State plan for the development of the national economy, the State budget and its adjusted plan, raised when the SPA is in recess due to unavoidable circumstancesis introduced into article 110, paragraph 3.

There are some authorities provided for in the old Constitution, which are not transferred to the SPA Presidium simply because they disappeared from the new Constitution. They include the CPCs authority to direct the work of the Administration Council and the local People's Assemblies and People's Committees (article 120, paragraph 2), the one to direct the work of the judicial and procuratorial bodies (article 120, paragraph 3), and the state Presidents authority to convene and preside over meetings of the Administration Council (article 107, paragraph 2).

One of the noticeable features of the SPA Presidium is the establishment of an honorary vice presidency system. This is a measure to honor old revolutionary veterans.

Section 3. The SPA Presidium (article 106-116)

 

Article 106

 

The SPA Presidium is the highest organ of power in the intervals between sessions of the SPA. (newly added)

 

Article 108

 

The SPA Presidium may appoint some honorary vice chairmen.

The honorary vice chairmen may be those from among SPA deputies who have participated in State construction works for a long time and made a noticeable contribution.(newly added)

 

Article 110

 

The SPA Presidium has the duties and authority to

 

1. convene sessions of the SPA, (notice 1)

2. examine and adopt new departmental bills and regulations, raised when the SPA is in recess, and examine and adopt drafts of amendment and supplement to departmental bills and regulations in force, and receive approval from the next SPA session on important departmental bills which will be adopted and implemented, (notice 1)

3. examine and approve the State plan for the development of the national economy, the State budget and its adjusted plan, raised when the SPA is in recess due to unavoidable circumstances, (newly added)

4. interpret the Constitution, departmental laws and regulations in force. (notice 1)

5. supervise the observance of laws of State organs, and adopt measures, (notice 2)

6. abolish State organsdecisions which violate the Constitution, SPAs laws and decisions, NDCs decisions and orders and the SPA Presidiums decrees, decisions and directions, and suspend the implementation of unwarranted decisions by a local peoples assembly, (notice 2)

7. do work for an SPA deputy election, and organize an election for deputies in a local peoples assembly, (notice 1)

8. do work with SPA deputies, (notice 1)

9. do work with SPA departmental committees, (notice 1)

10. form or abolish commissions and ministries of the Cabinet, (notice 2)

11. appoint or remove vice premiers, chairman, and Cabinet and ministry members upon a proposal by Premier when the SPA is in recess, (notice 2)

12. appoint or remove members of departmental committees of the SPA Presidium, (newly added)

13. elect or transfer judges of the Central Court and peoples assessors, (notice 1)

14. ratify or abrogate treaties concluded with other countries, (notice 2)

15. decide on and publish the appointment or recall of diplomatic envoys accredited to foreign countries, (notice 2 as to rights on decision, notice 3 as to rights on announcement)

16. institute a decoration, a medal, an honorary title and a diplomatic rank, and grant a decoration, a medal, and an honorary title, (notice 2)

17. exercise the right to grant general amnesties or special pardon, (notice 2 as to rights on amnesties, notice 3 as to rights on special pardon)

18. institute and reorganize an administration unit and district. (notice 2)

 

Article 111

 

The President of the SPA Presidium organizes and guides the work of the presidium.

The President of the SPA Presidium represents the State and receives credentials and letters of recall of diplomatic representatives accredited by a foreign state. (notice 3)

 

*The authority mentioned in notice 1 belonged to the Standing Committee of the SPA.

The authority mentioned in notice 2 belonged to the Central Peoples Committee.

The authority mentioned in notice 3 belonged to the state President.

 

 

Section 4. Cabinet

 

The new Constitution changes the name of the Administration Council to Cabinet, and enhances its status and role. This suggests that the Cabinet is not only an executive organ of the state policy but also a general state management organ. The administrative and executive body of the highest organ of State power(article 117) means that the Cabinet is the highest executive body which organizes and implements laws, regulations and decisions on a nationwide level.

The newly introduced words a general state management organaccentuate the Cabinets role to grasp, guide and manage the work in charge.

The new Constitution makes the Premier of the Cabinet represent the government of the DPRK, and allows his independent activities. The Administration Council received a guidancefrom the state President and the Central Peoples Committee under the old Constitution.

Meanwhile, the Cabinet is empowered with some new authorities, which were not granted the Administration Council. They include the ones to adopt measures to execute state policy, to institute, amend, and supplement regulations concerning state management, to set up and remove main administrative economic organizations and enterprises, and to do inspection and control work to establish order in state management.

Along with the consolidation of the Cabinet functions, the structure of administrative organs is simplified with abolition, absorption and integration of some ministries and bureaus.

For example, the External Economic Affairs Commission was dissolved and absorbed by the Ministry of Foreign. Trade, the Ministry of Power Industry and the Ministry of Coal Industry were integrated into the Ministry of Power and Coal Industries, the Ministry of Metal Industry and the Ministry of Machine-Building Industry into the Ministry of Metal and Machine Industries, the Ministry of City Management and the Ministry of Land Environmental Protection into the Ministry of City Management and Land Environmental Protection, etc.

The new Constitution also reduces the number of Vice Premiers from ten to two.

Section 4. Cabinet (article 117-130)

 

Article 117

 

The Cabinet is the administrative and executive body of the highest organ of State power and a general state management organ. (newly added)

 

Article 119

 

The Cabinet has duties and authority to:

 

1. adopt measures to execute state policy, (the authority which belonged to the CPC in the old Constitution)

2. institute, amend, and supplement regulations concerning state management based on the Constitution and departmental laws, (newly added)

3. guide the work of the Cabinet commissions, ministries, direct organs of the Cabinet, local peoples committees,

4. set up and remove direct organs of the Cabinet, main administrative economic organizations, and enterprises, and adopt measures to improve the State management structure, (newly added)

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

6. compile the State budget and adopt measures to implement it,

7. organize and exercise works in the fields of industry, agriculture, construction, transportation, communications, commerce, trade, land management, city management, education, science, culture, health, physical training, labor administration, environmental protection, tourism and others,

8. adopt measures to strengthen the monetary and banking system,

9. do inspection and control work to establish a state management order, (newly added)

10. adopt measures to maintain social order, protect State and social cooperation bodys possession and interests, and to guarantee citizensrights,

11. conclude treaties with foreign countries, and conduct external activities,

12. abolish decisions and directions by economic administrative organs, which run counter to the Cabinet decisions or directions,

 

Article 120

 

The Premier of the Cabinet organizes and guides the work of the Cabinet.

The Premier represents the government of the DPRK. (newly added)

 

Article 122

 

The Cabinet plenary meeting deliberates on and adopts new and important issues in economic administrative work (state management work in the old Constitution).

 

Article 124

 

The Cabinet may set up non-permanent departmental committees which assist in its works.

 

Article 128

 

The Cabinet commissions and ministries grasp, guide and manage the work in charge, under the guidance of the Cabinet (departmental executive bodies of the Administration Council in the old Constitution).

 

 

Section 6. Local Peoples Committee

 

The new Constitution puts together the Local Peoples Committee and the Administrative Committee. The measure empowers the LPC with a new function as an administrative executive organ of local sovereignty. This means that the authority and duties, which formerly belonged to the Administrative and Economic Committee have been transferred to the LPC.

There also are newly introduced authorities to it. They include the one to do inspection and control work to establish order in state management in the area concerned(article 141, paragraph 9). This allows the LPC to exercise a sovereign, administrative function, and take full responsibility as head of a local area in charge.

The new Constitution makes the LPC independent and free from guidance from the Central Peoples Committee(old Constitution).

 

Section 7. Public ProsecutorsOffice and Court

 

 The new Constitution changes the order of word arrangement in the title of section 7. The Court and Public ProsecutorsOfficein the old Constitution is rearranged to read Public ProsecutorsOffice and Court.

This is a measure to suggest that law-supervising bodys duty is heavier in establishing order in the legal system, and to enhance its role.

The Central ProsecutorsOffice and the Central Court are made accountable only to the SPA, and to the SPA Presidium when the SPA is in recess, in accordance with the elimination of the presidential system and the Central Peoples Committee.

The two organs receive no more guidance from the Central Peoples Committeeand act independently.

 

Section 6. Local Peoples Committee (article 139-146)

 

Article 139

 

The People's Committee of the province (or municipality directly under central authority), city (or district) and county are local sovereign power organs when the People's Assembly at the corresponding level is not in session, and are administrative executive organs of local sovereignty.(newly added)

 

Article 142

 

The Local Peoples Committee has the duties and authorities to:

 

1. convene sessions of the People's Assembly;(notice 1)

2. organize the election of deputies to the People's Assembly;(notice 1)

3. work with the deputies to the People's Assembly;(notice 1)

 

2. do preparatory work for the election of a local assembly, (notice 1)

3. do work with deputies of a peoples assembly, (notice 1)

4. exercise laws, decrees, decisions and directions of the peoples assembly at the corresponding level, upper peoples assemblies, peoples committees, and the Cabinet, Cabinet commissions, and ministries,(notice 2)

5. organize and exercise all the administrative work in the area concerned, (notice 2)

6. draft a local plan for the development of the national economy and adopt measures to put it into effect,(notice 2)

7. compile a local budget and adopt measures to put it into effect,(notice 2)

8. adopt measures to maintain social order in the area concerned, protect the property and interests of the State and social cooperative organizations, and to guarantee citizensrights,(notice 2)

9. do inspection and control work to establish order in state management in the area concerned,(newly added)

10. guide the lower peoples committees in its work,(notice 1)

11. abolish unwarranted decisions and direction adopted by a lower peoples committee, and suspend implementation of unwarranted decisions made by a lower peoples committee.(notice 1)

 

Article 145

 

The LPC may set up non-permanent departmental committees which assist in its works. (newly added)

 

Section 7. Public ProsecutorsOffice and Court (article 147-162)

 

Article 151

 

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

( the phrase The Central Court is guided by the Central People's Committee,was deleted.)

 

Article 152

 

The Central ProsecutorsOffice is accountable to the SPA, and to the SPA Presidium when the SPA is in recess.

The words accountable to the President of the Democratic People's Republic of Korea and the Central People's Committee,was deleted.

 

Article 161

 

The Central Court is the supreme court of the DPRK.

The Central Court supervises trial activities of all courts.

(The phrase The Central Court is guided by the Central People's Committee,was deleted.

 

Article 162

 

The Central Court is accountable to the SPA, and to the SPA Presidium when the SPA is in recess.

(The words, accountable to the President of the Democratic People's Republic of Korea and the Central Peoples Committee,were deleted.)

 

*The authority mentioned in notice 1 belonged to the Peoples Committee.

The authority mentioned in notice 2 belonged to the Administrative and Economic Committee.

*No alternation or supplementation were made in Chapter 7 (National Emblem, Flag, National Anthem and Capital).

 

 

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