CONSTITUTION OF THE DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP80-00809A000600370904-7
• Release Decision: RIPPUB
• Original Classification: C
• Document Page Count: 11
• Document Creation Date: December 22, 2016
• Document Release Date: September 27, 2011
• Sequence Number: 904
• Publication Date: February 20, 1951
• Content Type: REPORT

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CLASSIFICATION CONFIDENTIAL.C i'~F U T1kL
CENTRAL INTELLIGENCE AGENCY REPORT
INFORMATION FROM
FOREIGN DOCUMENTS OR RADIO BROADCASTS CD NO.
COUNTRY North Korea
SUBJECT Political - Constitution
HOW
PUBLISHED Official booklet
WHERE
PUBLISHED Pyongyang
DATE
PUBLISHED 20 Jul 1950
LANGUAGE Korean
THIS DOCUMENT CONTAINS INFORMATION AFFECTING THE NATIONAL DEFENSE
OF THE UNITED STATES WITHIN THE MEANING OF ESPIONAGE ACT SO
A. S. C.. 11 AND 21, AS AMENDED. ITS TRANSMISSION OR TINE REVELATION
OF ITS CONTENTS IN ANY MANNER TO AN UNAUTHORIZED PERSON 15 PRO'
NISITID ST LAW. REPRODUCTION OF THIS FORM IS PROHIBITED.
DATE OF
INFORMATION 1950
DATE DIST. .7-e Feb 1951
NO. OF PAGES 11
SUPPLEMENT TO
REPORT NO.
THIS IS UNEVALUATED INFORMATION
SOURCE Chosun Miniuiuui Inminkonghwakuk Honbop, published by the Presidium,
Supreme People's Assembly, Democratic People's Republic of Korea.
CONSTITUTION OF THE DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA
adopted 8 September 19487
CLASSIFICATION CONFIDENTIAL
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1. Our country shall be called the Democratic People's Repbublic of Ko-
rea fhereinafter referred to as the People's Republic].
2. The sovereignty of the People's Republic is vested in the people.
The Supreme People's Assembly, which is the highest body of authority, shall
exercise sovereignty through its local authorities, the people's committees.
3. All delegates to the governing bodies, from the Ri (village People's
Committees to the Supreme People's Assembly inclusive, shall be elected by the
people in accordance with their free will. The citizens of the People's Repub-
lic shall elect the delegates to their governing bodies by secret ballot under
the principles of universal, direct, and impartial suffrage.
4. All public functionaries shall have the responsibility of discharging
their duties to the people. The constituency may petition for the recall of
a delegate whom they have elected whenever he uc is found incapable of discharg-
ing his duties.
5. The productive enterprises of the People's Republic may.belong to the
state, individuals, groups of 'individuals, or to corporations. The mining,
forestry, marine, and other extractive industries, banks, railways, marine
transrortation, aviation, commilnications, waterworks, electric power facili-
ties, and all other properties formerly owned by Japanese -citizens, or by pro-
Japanese elements shell belong to the state. Foreign trade shall be conducted
by the state or under state supervision.
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CU F1 E N TFR.
6. Lands formerly owned by the Japanese government or by Japanese na-
tionals, and lands owned by Korean landlords, shall be confiscated, and the
tenancy system abolished forever. Land may be owned only by those who do
their own farming. The maximum size of land owned individuall shall be
limited to from 5 to 20 chongbo ~ne chongbo equals 2.45 acres. The maxi-
mum size shall depend on location. and other conditions of the land as de-
fined by law. The state and ftate-controlled organizations may own
land without limitations as to size. The state shall give special protec-
tion to the interests of the farmers and shall assist farmers as much as
the state's economic policy permits.
'T. Land reform shall be executed, within the period specified by the
Supreme People's Assembly, in the areas within the territorial limits of
Korea where the land reform has not been completed.
8. Private ownership of the land allocated by law; of other property
including livestock, farm implements, etc., of the raw materials, finished
products, buildings and fixtures that belong to the medium and small enter-
prises; also of homes, furniture, incomes, and savings of individuals, shall
be protected by law. The right to inherit private property is guaranteed
by law.
9. The state shall promote and protect by law the development of as-
sociations and organizations of people.
10. The state shall formulate the People's Economic Programs and, on
the basis of such programs, direct economic and cultural reconstruction and
development to permit the maximum utilization of the economic resources of
the state for public benefit. To execute the People's Economic Programs,
the state shall mobilize mainly the enterprises owned by the state and or-
ganizations, but may permit participation therein by private enterprises.
11. All citizens of the People's Repbulic shall be equal before the
law, irrespective of sex, race, religion, technical or productive abilities,
or degree of literacy, in the political, economic, social, cultural, or any
other field of daily life.
12. Citizens of the People's Republic having attained the age of 20
years may vote or be elected to public office irrespective of sex, race,
place. of birth, religion, length of domicile, wealth, or degree of literacy.
The members of the People's Army (Chosun Inmingun) shall have the right to
vote or be elected to public office if they are citizens of the People's
Republic. Persons whose suffrage is annulled by court decision, persons
who are declared insane, and 1ersons adjudged pro-Japanese may not vote.
13. Every citizen shall have freedom of opinion, publication, as-
sembly, and freedom to form associations, or participate in public demon-
strations. Every citizen shall have the freedom or organizing and join-
ing democratic political parties, trade unions, cooperative associations,
and physical culture, cultural, technical, and scientific organizations.
14. Every citizen shall have freedom of religion and of participating
in religious rituals.
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15. Every citizen shall have the right to receive an equal amount of
compensation for an equal amount of work in the enterprises operated by the
state, by organizations, or by individuals.
16. Every citizen shall have the right to rest. The systems of 8 hours
of work per day and vacations with pay are guaranteed by law for laborers and
clerical workers.
17. The workers entitled to social insurance benefits shall receive
material aid in case of old-age infirmities, illness, or any other disabil-
ity. Such workers are entitled to free medical care and such other assist-
ances as are guaranteed under the social insurance system provided by the
state.
18. All citizens shall have equal opportunity for education. Primary
education shall be universal and compulsory. The state guarantees free ed-
ucation for the children of the poor. The state scholarship system shall be
extended to the majority of the students in the colleges and technical schools.
The national language of Korea shall be used for instruction in all schools.
19. Every citizen shall have the right to operate medium and small-size
commercial or industrial enterprises.
20. Every citizen shall have the right of scientific and artistic pur-
suits. Copyrights and patent rights shall be protected by law.
21. Every citizen's freedom of privacy and of secrecy of correspondence
shall be protected by law.
22. Women shall have equal rights with men in political, economic, so-
cial, cultural, and all other affairs of the state. The state shall give
special protection to .:others and infants.
23. The state shall protect the sanctity of marriage and the family
system. The parental responsibilities of the blood parents for the illegiti-
mate child shall be equal to the parental responsibilities of the lawfully
married parents. The rights and privileges of the illegitimate child as a
citizen shall be equal to those of the legitimate child. Legal recognition
of the marriage and family status of the illegitimate child shall be pre-
scribed under a separate law.
24. All citizens shall have personal liberty and may not be arrested
except by court order or under authorization of a public procurator.
25. Every citizen shall have the right to present petitions to or
lodge complaints with the government. The people may petition removal of
any official from public office whenever he is found guilty of misconduct.
A person who suffers damage as the result of an unlawful act by a public
official may claim indemnity from the government.
26. The People's Republic shall protect the foreign political refugees
who fought for the liherati.on of their democratic compatriots, or for the
benefit of laboring masses, or for the freedom of science and culture in their
own countries, and who seek refuge in the Democratic People's Republic of Ko-
rea.
27. Every citizen must observe the constitution and laws of the People's
Republic. Any attempt to abuse constitutional rights, to alter or to destroy
the spirit set forth in the. Constitution, constitutes a capital offense against
the state and is punishable by law.
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28. Every citizen shall be subject to the duty of defending the Father-
land. The defense of the Fatherland shall be the supreme duty and honor of
avc apcitizen. subject Ftohsevere theprosecutionpeople constitute
e
29. Every citizen shall be subject to the duty of paying taxes accord-
ing to his ability.
30. Every citizen shall be subject to the duty of rendering labor ser-
vice. The Korean people shall regard labor an honor. Labor shall be the
foundation of the economic and cultural development of the People's Republic.
31. Minority races who have citizenship of the People's Republic shall
citi-
have equal rights with those of the native citizens. These natura
ralizedocitg
zens shall have the freedom of using their native languages and
their native culture.
III. CENTRAL ADMINISTRATIVE SYSTEM
A. The Supreme People's Assembly
32. The Supreme People's Assembly is the highest body of state author-
ity of the People's Republic.
33. Only the Supreme People's Assembly shall exercise legislative
powers.
34. The Supreme People's Assembly shall be composed of the delegates
elected by the people through universal, direct, and impartial suffrage and
by secret ballots.
35. The delegates to the assembly shall be elected at the ratio of one
delegate to each 50,000 population.
36. The tenure of office of the delegates to the assembly shall be 3
years.
37. The assembly shall exercise the highest authority of the state.
Only the constitutional powers vested in the Presidium of the Supreme Peo-
ple's Assembly and the cabinet may exceed those of the assembly. The as-
sembly shall have the following powers:
a. To approve or amend the Constitution.
b. To make basic policies for domestic and foreign affairs.
c. To elect the members of the Presidium.
d. To organize the cabinet.
e. To hold referendums on laws, and to approve bills adopted by
the Presidium while the assembly is not in session.
f. To approve the People's Economic Programs.
? approve
To approve the state budgets. and ri administra-
tive To establish or change to, at, kun, myon,
tive districts.
i. To exercise the power of granting amnesty.
J. To elect judges to the Supreme Court.
k. To appoint the Procurator General.
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38. The Supreme People's Assembly shall be convened for regular or ex-
traordinary sessions. The regular sessions shall be convened twice a year,
by the decision of the Presidium. Extraordinary sessions of the assembly may
be convened oy the request of the Presidium or at the instance of one third
or more of the members of the assembly.
39. The assembly shall elect its chairman and two vice-chairmen. The
chairman shall conduct the assembly in accordance with the rules adopted by
the assembly.
40. The assembly shall open its sessions when the majority of its mem-
bers are present, and may pass resolutions by majority votes of its members
present.
41. The legislative measures adopted by the assembly shall be promul-
gated under joint signatures by the chairman and secretary-general of the
Presidium, within 5 days after the adoption.
42. The assembly may appoint committees to study special issues pre-
sented to it. The committees may consult the government agencies related
to the issues in question.
43. A legislative committee shall be formed in the assembly to draft
or examine legislative bills to be submitted to the Presidium for approval.
44. Every member of the assembly shall be guaranteed certain inviol-
able rights as a delegate. No delegate shall be arrested or punished, ex-
ceppermiss thetassemblypwhennitdisninlsession wPresidiumithout theiassemblytisr
not in session..
45. The Presidium shall conduct the election of new members of the
assembly before expiration of tenure of the current members. If the as-
sembly is dissolved, the election of new members must be conducted within
2 months after the dissolution.
46. The assembly may extend its tenure in case of a state emergency
and continue to function with the existing members for the duration of such
an emergency. The assembly may also dismiss its members before the termina-
tion of office if the situation so demands.
B. Presidium of the Supreme People's Assembly
47. The Presidium of the Supreme People's Assembly shall assume the
highest authority of the state when the assembly is not in session.
48. The members of the Presidium shall be elected by the assembly, and
it shall be composed of a chairman, two vice-chairmen, a secretary-general,
and 17 members.
the following
49. The Presidium sa..... h_ l have the following duties:
a. To summon the assembly.
b. To supervise enforcement of the Constitution and laws, and to
interpret and proclaim laws.
c. To annul the cabinet decisions which are in conflict with the
Constitution or statutes.
d. To proclaim the laws adopted by the assembly.
e. To grant amnesty.
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f. To appoint ministers, through recommendations of the premier,
when the assembly is not in session, and to request subsequent
confirmation by the assembly of such appointments.
g. To confer medals and honorary titles.
h. To ratify or revoke treaties with foreign nations.
i. To appoint or recall ambassadors and ministers of the People's
Republic.
j. To accept credentials and letters of recall from the foreign
envoys to the People's Republic.
50. The Presidium is responsible to the assembly for its activities,
and the assembly may replace by election a part or all members of the Presi-
dium whenever deemed advisable.
51. If the assembly is dissolved, the exiting Presidium must continue
to function until the new Presidium is formed.
IV. STATE CENTRAL EXECUTIVE BODY
A. The Cabinet
52. The cabinet -is the highest executive body of the state.
53. The cabinet may issue decisions and mandates in accordance with the
Constitution and statutes.. The decisions and mandates proclaimed by the cabinet
shall be enforced within the territories of the People's Republic.
54+. The cabinet shall supervise the activities of the ministries and
their subsidiary agencies.
55. The cabinet shall have the following duties:
a. To supervise the foreign affairs of the state and to conclude
treaties with foreign countries.
b. To control the foreign trade of the state.
c. To supervise local governments.
d. To organize and control the currency and credit systems.
e. To formulate state budgets, to control state and local budgets,
and to assess taxes.
f. To control commerce, industry, agriculture, finance, transporta-
tion, and communications of the state.
g. To establish policies concerning the maintenaa:.? of public peace
and order, the protection of state interests, and the guaranty
of civil rights.
h. To establish basic policies for the exploitation of land and mar-
ine resources.
i. To administrate education, culture, science, art, and public
health.
J. To establish political, economic, and social policies in orde
to elevate the economic and cultural standards of the ,p p
k. To supervise the organization of the People's Army and to com-
mission the officers thereof.
1. To appoint vice-ministers of the cabinet, directors of the im-
portant industrial enterprises, and presidents of universities.
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56. The cabinet may overrule the ministerial regulations or the deci
s which lin
ions and instructions
s
Constitution, statutes, manpeople's dates, ormcabinet decisions
any way contradict
or instructions.
57. The resolutions of the cabinet meeting shall be adopted by majority
votes. The resolutions adopted by the cabinet shall be promulgated in written
form bearing countersignatures of the premier and the cabinet members concerned.
58. The cabinet shall be composed of the premier, vice-premier, chairman
of the State Planning Board, and the following ministers: National Defense,
State Inspection, Internal Affairs, Foreign Affairs, Industry, Agriculture and
Forestry, Commerce, Transportation, Finance, Education, Communications, Justice,
Culture and Propaganda, Labor, Public Health, Urban Management, and a minister
without portfolio. Each ministry may establish its subordinate bureaus and de-
partments according to the needs.
59. The premier is the head of the government of the People's Republic.
The premier may summon cabinet meetings and shall preside over the meeting.
The vice-premier is responsible to the premier; in case the premier is in-
capacitated, the vice-premier shall assume the duties of the premier acting
in the full capacities accorded to the premier.
60. The cabinet is responsible to the assembly, and when the latter is
in recess, to the Presidium.
61. The premier, vice-premier, and ministers shall take the following
oath before the assembly on the day of their inauguration:
"I do solemnly and sincerely swear that I will serve faithfully the peo-
ple and the Democratic People's Republic of Korea, perform my' duties satis-
factorily as a member of the cabinet, work for the benefit of the entire peo-
ple and the state, observe the Constitution and statutes faithfully, and pro-
tect the democratic freedom and sovereignty of the Democratic People's Repub-
lic of Korea to the best of my ability."
62. The members of the assembly may interrogate the cabinet or minis-
tries. The cabinet or ministries interrogated shall answer in accordance
with the rules prescribed by the assembly.
B. The Ministries
63. Each ministry is a specialized executive organ of the state.
64. The functions of each ministry shall be under the jurisdiction of
the cabinet and shall be confined to administration of the respective field
concerned.
65. The minister shall be the head of the ministry concerned. The min-
ister is empowered to make ministerial decisions, and is responsible to the
cabinet for iischarging his duties.
66. The minister may, within his juridical power, issue mandates and
ordinances necessary for execution of his duties.
67. In case the minister is incapacitated, the v..ce-minister shall act
in his behalf. The vice-minister is subordinate to the minister.
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V. LOCAL GOVERNMENT SYSTEM
68. People's committees for, to, si, kun, myon, and ri shall constitute
the local government system.
69. People's committees of all levels shall be composed of the dele-
gates elected by universal, equal, and direct suffrage and by secret ballot.
The rules governing the election of the people's committees shall be pre-
scribed by law.
70. People's committees shall function in accordance with the rules
set forth by the Constitution, statutes, ordinances, cabinet decisions, and
instructions.
71. In their respective administrative activities, the To People's
Committees shall be responsible to the cabinet, the Si and Kun People's Com-
mittees to the To People's Committees, the Myon People's Committees to the
Kun People's Committees, and the Ri People's Committees to Myon People's
Committees.
72. People's committees may, within their respective spheres of au-
thority, enact and ordain local laws and regulations insofar as they are
not in conflict with the Constitution, statutes, ordinances, cabinet deci-
sions, and instructions.
73. The local people's
committees shall have their own budgets.
74. The people's committees of all levels shall have the following
duties.
a. To protect the citizenship and ownership rights of citizens.
b. To protect the state properties entrusted to the people's
committees.
c. To maintain public peace and order.
d. To enforce the laws and regulations issueily the central government.
e. To develop local industries.
f. To develop local communications systems.
g. To construct and repair public roads.
h. To administer local budgets and to collect taxes.
i. To administer education and cultural activities.
j. To supervise the state hospitals and clinics, to provide medi-
cal aid to the people, and to guide public health services.
k. To formulate and execute rural and urban development programs,
and to supervise construction of houses and sewage system, and
to maintain public health and sanitation.
1. To make surveys of arable lands, and to supervise the proper
use of lands.
m. To collect taxes in kind.
n. To formulate measures to combat natural calamities and epidemics.
'5. The people's committees of all levels shall carry out the duties
listac! Bove within the province of authority vested in them at the respective
levels.
76. Each people's committee shall organize a standing committee to carry
on the functions of the people's committee while it is not in session.' The
standing committee shall be composed of a chairman, vice-chairman, secretary,
and committee members. The standing committee may be dispensed with at ri
level, provided that the chairman, vice-chairman, and secreatry of the Ri Peo-
ple's Committee jointly assume the functions of the standing committee.
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77. The standing committees for the respective level of the people's
committee shall be elected by majority votes with more than two thirds of
the members of the people's committee present.
78. The standing committee shall function as an executive body for the
people's committee concerned, and shall be responsible to the people's com-
mittee for its activities. The people's committee may re-elect part or whole
of the standing committee befor8 the termination of the member's tenure.
79. Each people's committee shall have subcommittees in charge of spe-
cialized fields of industrial activities. The method of organizing subcom-
mittees shall be prescribed by a separate ordinance.
80. The chairman of each subcommittee shall be selected and appointed sible for
his ac thetpe ple'secommitteetor,the sthe shal andinglcommitteenwhile the formertisinotsin
session.
81. In the course of executing its duties, each people's committee may
creative extensively
energies pofstheepopul shall
any time importance populace
of a the as
at times stress th ace.
VI. COURT OF JUSTICE AND PUBLIC PROCURATOR'S OFFICE
82. The judicial power shall reside in the Supreme Court, in the Local si, and
ourts
and i by,each courtuincthe name ofnthetheDemocraticspecial
83. The courts shall be organized by elections. The Supreme Court shall
be organized by the Supreme People's Assembly through elections. The to, si,
and kun courts shall be organized by the people's committees of the corres-
ponding levels through secret-ballot elections. Special courts shall be or-
ganized in accordance with a law to be enacted separately. Only the body
which elected and appointed the judicial officials shall have the authority
to remove from office the judicial officials whom it elected and appointed.
81k. The first trials may be conducted by "ch'amsimwon" rcting judges?]
who have the same judicial power as judges.
85. Any citizen of the People's Republic who has suffrage and who
not serve as a judge or procurator under the Japanese government may become
a judge or "ch'amsimwon."
86. Trials and judgments of the court shall be conducted in public, ex-
cept where law public
judgment. The defendant is guaranteed his right to pleadhislcase.of the
87. In general, the Korean language shall be used inttehtrials. If
the person before the c%' - ~ does not does "ot speak Korean, he may use
-
tongue, provided that an interpreter be hired.
88. Judges shall have complete independence in the conduct of trials.
89. The Supreme Court shall be the highest judicial organ of the Peo-
ple's Republic, and shall supervise the court proceedings of lower courts.
90. The procurators shall exercise surveillance over, the government
offices aiuc sincere obediencen of a the nlawsnd over indivi-
duals as to their strict and s _ c -
CONFIDENTIAL
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91. The procurators shall see to it that the executive ordinances,
regulations, and measures issued by the central and local governments do not
contradict or violate the Constitution or laws.
92. The head of the Public Procurator's office shall be the Public
Procurator General appointed by the Supreme People's Assembly.
93. The procurators for to, si and kun courts shall be appointed by
the Public Procurator General.
94. The procurators shall not be subservient to any of the local gov-
ernments, and shall have complete independence in the performance of their
duties.
95. The purpose of the state budget is to consolidate state wealth,
to build a powerful people's economy, to elevate the cultural and living
standards of the people, and to strengthen the national security.
96. The state budget shall be formulated each year by the cabinet,
subject to approval by the Supreme People's Assembly.
97. All the state revenues and expenditures shall be combined under
a single state budget.
98. No government office may exceed expenses appropriated under the
state budget. All government offices must conform to the fiscal rules set
forth by law.
99. Economy and proper allocation of funds shall be the cardinal
principle of all financial undertakings of the government.
vIII. PEOPLE'S SECURITY
100. The People's, Army. shall be organized to protect the security of
the People's Republic. The mission of the People's Army shall be to protect
the sovereignty of the Fatherland and the freedom of the people.
IX. STATE EMBLEM, FLAG, AND CAPITAL
101. The state emblem of the People's Republic shall be a circle in-
scribed with "Democratic People's Republic of Korea" written horizontally
across the bottom, framed by two blades ofaricerplantnencirclingoa mbone
ficent picture of a hydroelectric ant. with
illuminating the background.
102. The state flag of the People's Republic shall be rectangular in
shape, and shall be twice as long as it is wide. It shall be red except
for single blue stripes at the top and bottom, with a five-pointed red star
on a white circular background in the left center of the flag.
50X1-HUM
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103. Seoul shall be the capital of the People's Republic.
X. AMENDMENTS TO THE CONSTITUTION
104. No amendment to the Constitution may be made unless it shall have
been approved by not less than two thirds of the delegates to the Supreme Peo-
ple's Assembly.
CONFIDENTIAL
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