Eleanor Finch
North Korea's constitution has undergone several changes since its adoption in 1948, with the most recent iteration being the Socialist Constitution, which was first introduced in 1972 and has since been amended eight times. The constitution outlines the country's political structure and ideology, with sovereignty residing in the people, who elect their representatives through universal and equal suffrage. While the constitution provides a theoretical framework for North Korea's government and legal system, the extent to which it guarantees due process and protects the rights of citizens is a matter of debate and interpretation. This paragraph will explore the question of whether due process is enshrined in North Korea's constitution and the implications for the country's legal system.
| Characteristics | Values |
|---|---|
| Date of adoption | 27 December 1972 |
| Previous constitution | 1948 |
| Number of amendments | 8 |
| Years of amendments | 1992, 1998, 2009, 2010, 2012, 2013, 2016, 2019 |
| Official name | Democratic People's Republic of Korea |
| Political structure | Socialist state |
| Guide for activities | Kimilsungism-Kimjongilism |
| Party to lead all activities | Workers' Party of Korea |
| Sovereignty | Working people (workers, peasants, soldiers, talented personnel) |
| Election of representatives | Universal, equal, and direct suffrage |
| Judges' ruling | Independent according to their conscience and in conformity with the Constitution and law |
| Chief Justice appointment | By the President with the consent of the National Assembly |
| Supreme Court Justices appointment | By the President on the recommendation of the Chief Justice and with the consent of the National Assembly |
| Judges' appointment | By the Chief Justice with the consent of the Conference of Supreme Court Justices |
| Chief Justice term of office | 6 years |
| Supreme Court Justices term of office | 6 years, can be reappointed |
| Other judges' term of office | 10 years, can be reappointed |
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What You'll Learn
North Korea's Socialist Constitution
North Korea's first constitution was approved in 1948. The country began drafting its present Socialist Constitution in the 1970s, as the previous constitution no longer reflected the expanding socialist policies and the political, economic, and social changes in the country. The new constitution was approved by the 6th Supreme People's Assembly at its first session on 27 December 1972. It has since been amended and supplemented several times, in 1992, 1998, 2009, 2010, 2012, 2013, 2016, 2019 (twice), 2023, and 2024.
The Socialist Constitution of the Democratic People's Republic of Korea consists of a preamble and 172 articles organized into seven chapters. It combines strong socialist and nationalist tendencies and references the country's Juche ideology. The preamble describes North Korea as the "socialist state of Juche", applying the ideas and achievements of Kim Il Sung and Kim Jong Il on state construction. Kim Il Sung is credited as the "founder of the Democratic People's Republic of Korea and father of socialist Korea", who founded the Juche idea and turned North Korea into a socialist country. Kim Jong Il is credited as the "peerless patriot and defender of socialist Korea", who maintained Kim Il Sung's policies and turned North Korea into a politico-ideological power, a nuclear state, and a military power through Songun politics. The preamble concludes by enshrining Kim Il Sung and Kim Jong Il as the eternal leaders of North Korea, and that the constitution would consist of their ideas and achievements.
Chapter 1 of the Socialist Constitution consists of 18 articles that outline the political structure of North Korea. Article 1 states that North Korea, officially the Democratic People's Republic of Korea, is an independent socialist state, with Article 2 also stating it as a revolutionary state. Article 3 makes Kimilsungism-Kimjongilism the country's guide for its activities, while Article 11 makes the Workers' Party of Korea lead all of the country's activities. Article 4 gives the sovereignty of the country to the working people, including workers, peasants, soldiers, and talented personnel, who exercise it through their representatives in the Supreme People's Assembly and the local people's assemblies. Article 6 and 7 state that these representatives are elected by the people based on universal, equal, and direct suffrage, and are responsible to them.
Chapter 2 of the Socialist Constitution consists of 19 articles that outline the economic structure of North Korea. Article 19 states that North Korea relies on socialist relations of production and the foundation of an independent national economy. Articles 20 to 23 state that the means of production are owned by the state and social cooperatives, and list provisions for state and social cooperative properties. Article 24 allows citizens to have private property, which the state shall protect and guarantee its inheritance.
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The role of Kim Il Sung and Kim Jong Il
Kim Il Sung was the founder of North Korea and its first supreme leader, leading the country from its establishment in 1948 until his death in 1994. He was also the leader of the Workers' Party of Korea (WPK) from 1949 to 1994. During his rule, North Korea was established as a totalitarian socialist personalist dictatorship with a centrally planned economy.
Kim Il Sung's philosophy of Juche, or "self-reliance", became the guiding principle of North Korea's society and the foundation of the personality cult that surrounded his family. In 1972, he pushed for the creation of a new constitution, the Socialist Constitution, to codify the "socialist revolution and construction" and their achievements. The preamble of the Socialist Constitution describes North Korea as the "socialist state of Juche" that applies the ideas and achievements of Kim Il Sung.
Kim Jong Il was Kim Il Sung's son and successor. He became the supreme leader of North Korea in 1994, following his father's death. In 1992, an amendment to the Socialist Constitution solidified Kim Jong Il's position as the successor to Kim Il Sung by making the National Defence Commission a separate institution from the Central People's Committee. This amendment also removed the mention of Marxism–Leninism in the constitution and constitutionalized the philosophical principle of Juche. In 1998, following Kim Il Sung's death, the preamble of the constitution was amended to refer to him as the "Eternal President".
Kim Jong Il was credited as the "peerless patriot and defender of socialist Korea" who had kept Kim Il Sung's policies and turned North Korea into a politico-ideological power, a nuclear state, and a military power through Songun politics. In 2009, the constitution was amended again to cement Kim Jong Il's position as concerns were raised following a stroke he suffered in 2008. This amendment designated the chairman of the National Defense Commission, a position held by Kim Jong Il, as the supreme leader of North Korea and expanded his powers to guide overall state affairs.
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The country's political structure
Article 3 establishes Kimilsungism-Kimjongilism as the guiding principle for the country's activities. The Workers' Party of Korea is designated as the leader of all national activities in Article 11. The sovereignty of North Korea is vested in the working people, which includes workers, peasants, soldiers, and talented individuals, according to Article 4. These individuals exercise their sovereignty through their elected representatives in the Supreme People's Assembly and local people's assemblies.
Articles 6 and 7 stipulate that these representatives are chosen by the people through universal, equal, and direct suffrage and are accountable to them. The Socialist Constitution has been amended eight times since its adoption in 1972, with the most recent amendment occurring in 2019. These amendments are typically considered new constitutions due to the significant changes made to the original document.
The preamble to the constitution praises Kim Il Sung and Kim Jong Il as the "saviors of the nation" and credits them for making North Korea a unique country. It also states that their ideas and achievements are the basic guarantee for the country's prosperity and sets up the Kumsusan Palace of the Sun as a monument to their immortality and a national symbol.
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The independence of the judiciary
The North Korean Constitution, officially known as the Socialist Constitution of the Democratic People's Republic of Korea, was first adopted in 1972 and has since undergone several amendments, reflecting the evolving political, economic, and social landscape of the country. While the Constitution provides a framework for the country's governance, the extent to which it guarantees judicial independence is questionable due to the nation's highly centralized power structure.
The Constitution does not explicitly mention the independence of the judiciary or provide specific mechanisms to ensure it. However, it does establish a hierarchy of courts and outlines the process for appointing judges. For example, according to the Constitution, the Chief Justice of the Supreme Court is appointed by the President with the consent of the National Assembly. The Supreme Court Justices are also appointed by the President, but with the recommendation of the Chief Justice and the consent of the National Assembly. This process highlights a potential influence of the executive branch on judicial appointments, which could impact the perceived independence of the judiciary.
In contrast, the Constitution of the Republic of Korea (South Korea) explicitly mentions the independence of the judiciary. It states that judges shall rule independently according to their conscience and in conformity with the Constitution and law. This explicit provision reinforces the separation of powers and ensures that judicial decisions are impartial and free from external influence.
While North Korea's Constitution may not explicitly guarantee judicial independence, it is worth noting that the country's unique political system and centralized power structure could influence the interpretation and implementation of judicial independence. The Workers' Party of Korea, led by the country's supreme leader, plays a dominant role in all aspects of governance, including the judiciary. As such, the concept of judicial independence in North Korea may differ significantly from that in other democratic societies.
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The right to education
Article 73 of the North Korean constitution guarantees citizens the right to free education. The constitution also states that the government will provide state-funded schooling. In North Korea, education is universal and compulsory. The country has a history of prioritising education, with the 1948 constitution outlining the provision of various freedoms and rights to Koreans.
The North Korean education system is based on a "revolutionary ideal" that aims to create an acknowledgeable generation. The curriculum includes Juche ideology, labour party policies, revolutionary traditions, communist beliefs, and revolutionary optimism. The goal is to raise students as steadfast revolutionaries who are willing to fight for their society and as well-rounded individuals with a communist mindset. This is reflected in Article 43 of the constitution, which states that the country will "embody the principles of socialist pedagogy so as to raise the rising generation to be steadfast revolutionaries who will fight for society and the people".
Education in North Korea typically includes one year of kindergarten, four to five years of primary education, and six years of secondary education. After completing secondary education, students can attend university or technical college. The country has various institutions of higher education, including colleges, universities, teachers' training colleges, colleges of advanced technology, medical schools, special colleges for specific fields, and military colleges.
Compulsory education in North Korea has undergone several changes over the years. Initially, primary education became compulsory for children in 1950, but the Korean War delayed its implementation. By 1958, North Korea claimed to have implemented seven years of compulsory primary and secondary education. In 1967, this was extended to nine years, and in 1975, an eleven-year compulsory education system was put in place. In 2012, under Kim Jong-un's leadership, North Korea expanded its compulsory education to twelve years, consisting of one year of preschool, ten years of primary and secondary education, and one year of higher education.
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Frequently asked questions
The official name of North Korea as per its constitution is the Democratic People's Republic of Korea.
The basis of North Korea's constitution is Kimilsungism-Kimjongilism, with the Workers' Party of Korea leading all of the country's activities.
North Korea has amended its constitution eight times in 1992, 1998, 2009, 2010, 2012, 2013, 2016, and 2019.
Yes, North Korea's constitution guarantees the right to education and employment for all citizens.
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