Eleanor Finch
North Korea, officially the Democratic People's Republic of Korea (DPRK), is a country in East Asia. The DPRK's constitution, known as the Socialist Constitution, was approved in 1972 and has been amended and supplemented over twenty times since, most recently in 2024. The constitution consists of a preamble and 172 articles organized into seven chapters. It outlines North Korea's political, economic, cultural, and national defense principles, as well as the basic rights and duties of its citizens. In addition to the constitution, North Korea is governed by the Ten Principles for the Establishment of a Monolithic Ideological System, which some claim supersede the constitution and serve as the supreme law of the country.
| Characteristics | Values |
|---|---|
| Name | The Socialist Constitution of the Democratic People's Republic of Korea |
| Chapters | 7 |
| Articles | 172 |
| First Approved | 27 December 1972 |
| Latest Amendment | 2024 |
| Official Ideology | Kimilsungism-Kimjongilism |
| Official Type of State | Independent socialist state |
| Official Type of Government | Revolutionary and socialist |
| Number of Branches of Government | 3 |
| Head of Government | Premier |
| Titular Head of State | President of the Supreme People's Assembly (SPA) |
| De Facto Head of State | Kim Jong-un |
| Legislative Body | Supreme People's Assembly (SPA) |
| Number of SPA Members | 687 |
| Number of SPA Presidium Members | 15 |
| Number of Chapters in the Socialist Constitution | 7 |
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What You'll Learn
The constitution's seven chapters and 172 articles
The Socialist Constitution of the Democratic People's Republic of Korea, or North Korea, consists of 172 articles spread across seven chapters. The constitution combines strong socialist and nationalist tendencies, and references the country's Juche ideology.
Chapter 1 of the constitution outlines the political structure of North Korea. It states that North Korea is an independent socialist state, with Kimilsungism-Kimjongilism as its guiding principle. It also gives sovereignty to the working people, including workers, peasants, soldiers, and talented personnel, who exercise power through their elected representatives in the Supreme People's Assembly and local people's assemblies.
Chapter 2 outlines the economic structure of North Korea, stating that the country relies on socialist relations of production and an independent national economy. It outlines ownership of the means of production by the state and social cooperatives, with provisions for private property rights.
Chapter 3 of the constitution addresses the cultural structure of North Korea, describing it as a socialist culture that aims to train people as builders of socialism. It also mentions provisions for public education, cadre training, and technological education.
Chapter 4 and 5 are not explicitly mentioned, but the constitution also covers foreign trade, judicial procedures, and the role of the State Affairs Commission (SAC) as the "supreme national guidance organ of state sovereignty".
Chapter 6, Section 1, Article 97 of the constitution outlines the process for amending the constitution, requiring approval from more than two-thirds of the deputies in the Supreme People's Assembly.
Finally, Chapter 7 designates the national symbols of North Korea, including descriptions of the national emblem, flag, anthem ("Aegukka"), and capital city (Pyongyang).
The North Korean constitution has been amended several times since its adoption in 1972, with significant changes made in 1998, 2009, 2012, 2013, 2016, and 2019. These amendments are often considered new constitutions due to the extent of the changes. Additionally, North Korea is also governed by the Ten Principles for the Establishment of a Monolithic Ideological System, which some claim supersede the constitution.
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North Korea's political structure
North Korea, officially the Democratic People's Republic of Korea (DPRK), is a highly centralized, one-party totalitarian dictatorship. The Workers' Party of Korea (WPK), a communist party led by a member of the Kim family, has an estimated 6.5 million members and controls North Korean politics. The current Supreme Leader or Suryeong of North Korea is Kim Jong-un, who is also the general secretary of the Workers' Party of Korea and president of the State Affairs Commission (SAC). The SAC acts as the "supreme national guidance organ of state sovereignty" and is responsible for deliberating and deciding on the state's defence-building and major policies.
The Socialist Constitution of the DPRK, approved in 1972, outlines North Korea's political structure in its first chapter, comprising 18 articles. Article 1 states that North Korea is an independent socialist state, with Article 2 affirming its status as a revolutionary state. The constitution also establishes Kimilsungism-Kimjongilism as the country's guiding ideology in Article 3, and assigns the Workers' Party of Korea to lead all activities in Article 11.
Article 4 of the constitution grants sovereignty to the working people, including workers, peasants, soldiers, and talented personnel. These individuals exercise their sovereignty through their elected representatives in the Supreme People's Assembly and local people's assemblies. The constitution further stipulates that these representatives are responsible to the people who elect them based on universal, equal, and direct suffrage (Articles 6 and 7).
North Korea's political system is heavily influenced by the Ten Principles for the Establishment of a Monolithic Ideological System, also known as the "Ten Principles of the One-Ideology System." These principles establish standards for governance and guide the behaviours of North Koreans. Additionally, the country's political classification system, in place since the 1950s, categorizes individuals into "core," "wavering," and "hostile" classes based on their perceived loyalty to the regime. An individual's political loyalty is subject to re-examination during significant life events, such as when applying for a job or seeking housing.
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Economic structure and property rights
The North Korean constitution, also known as the Socialist Constitution, outlines the country's economic structure and property rights in Chapter 2, which consists of 19 articles.
Articles 19 to 23 state that North Korea's economy is based on socialist relations of production and an independent national economy. The means of production are owned by the state and social cooperatives, with specific provisions for state and social cooperative properties.
Article 24 allows citizens to own private property, which the state is responsible for protecting and guaranteeing its inheritance. The state is also responsible for providing food, clothing, and housing to its people, as stated in Article 25, with the goal of continually improving living standards.
The constitution also emphasizes the importance of science and technology in the economy (Article 27) and establishes an eight-hour workday for workers (Article 30).
The country's economic management system has evolved from the Taean work system to a socialist system of responsible business operation. North Korea's foreign trade provisions have also expanded to include maintaining credibility, improving trade structure, and expanding foreign trade relations.
The constitution also establishes the Supreme People's Assembly as the highest government institution, with the power to pass laws, elect the Cabinet, Supreme Court, and Procurator General. The Standing Committee of the Assembly represents the country in foreign relations and exercises power during the recess of the Assembly.
The North Korean legal system is a codified civil law system inherited from colonial Japan, with about 236 laws and regulations as of 2015, half of which relate to economic management. The country's foreign investment laws are well-developed, and it has a highly advanced arbitration system.
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Socialist culture and public education
The Socialist Constitution of the Democratic People's Republic of Korea (DPRK) consists of a preamble and 172 articles organized into seven chapters. It combines strong socialist and nationalist tendencies, along with references to the country's Juche ideology. North Korea is an officially self-described "revolutionary and socialist state", guided by Kimilsungism-Kimjongilism, with the Workers' Party of Korea leading all of the country's activities.
Chapter 3 of the Socialist Constitution outlines the cultural structure of North Korea. Article 39 states that North Korea has a socialist culture, which, according to Article 40, involves training the people to become builders of socialism. Article 41 further describes this socialist culture as popular and revolutionary.
Article 44 of the North Korean constitution provides for public education, cadre training, technological education, and education in work. Education in North Korea is universal and state-funded by the government. Children go through one year of kindergarten, five years of primary education, and six years of secondary education, after which they can attend university or technical college.
The DPRK strives to achieve the complete victory of socialism by strengthening the people's power and performing the three revolutions: the ideological, cultural, and technical. The state aims to revolutionize and "working-classize" all social members, binding society together in a united group.
Socialist Education in Korea, a book by Riley Park and Cambria York, delves into the history and educational praxis of North Korea, offering insights into the socialist educational project in the country. It explores the pedagogical philosophies, practices, organizations, purposes, and government institutions that shape North Korea's educational system.
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The constitution's amendments and supplements
The Socialist Constitution of the Democratic People's Republic of Korea has been amended and supplemented several times since its adoption in 1972. The constitution, which consists of a preamble and 172 articles organized into seven chapters, outlines North Korea's political, economic, cultural, and national defence principles, as well as the basic rights and duties of its citizens.
The first constitution of North Korea was approved in 1948 and was amended five times between 1954 and 1962. However, the present Socialist Constitution was instituted to reflect the expanding socialist policies and the political, economic, and social changes in the country that were no longer aligned with the 1948 constitution.
Amendments to the Socialist Constitution have been made in 1992, 1998, 2009, 2010, 2012, 2013, 2016, April 2019, August 2019, 2023, and 2024. These amendments are considered significant, often resulting in an entirely new constitution due to the extent of the changes. The process of amending the constitution involves gaining approval from more than two-thirds of the total deputies in the Supreme People's Assembly, the country's highest government institution.
The amendments and supplements to the constitution have covered a range of topics, including the following:
- The political structure: Articles outline North Korea's status as an independent socialist state, with Kimilsungism-Kimjongilism as its guiding ideology, and the Workers' Party of Korea leading all activities.
- Economic structure: Articles state that the means of production are owned by the state and social cooperatives, with provisions for state and cooperative properties, as well as the protection of private property rights.
- Foreign trade: Articles encourage foreign trade and joint ventures with foreign entities, while also establishing tariff policies to protect the North Korean economy.
- Cultural structure: Articles describe North Korea's socialist culture, emphasizing the importance of training its people in socialism, providing public education, and promoting a popular and revolutionary culture.
- Judicial procedures: The constitution outlines the judicial system, including public court trials, the right of defence for the accused, and the use of the Korean language in judicial proceedings.
- National symbols: Articles designate the national emblem, flag, anthem ("Aegukka"), and capital city of Pyongyang.
- Border definition: In 2024, following a provocative statement by North Korean leader Kim Jong-un, a constitutional amendment was proposed to redefine the boundary with South Korea as the 'Southern National Borderline'.
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