The law of North Korea (officially called the Democratic People's Republic of Korea) is a codified civil law system inherited from the Japanese and influenced by the Soviet Union. It is governed by The Socialist Constitution and operates within the political system of North Korea.
Legal system
editNorth Korea has a codified civil law system, which was inherited from colonial Japan and is similar to South Korea's system. As of December 2015, there were 236 laws and regulations, about half of which relate to economic management. The foreign investment laws are well-developed and up-to-date, and there is a highly developed arbitration system.[1][2]
North Korea has a three-tier court system, based on the Soviet model, comprising a Central Court, provincial courts, and county courts. Judicial affairs are handled by the Central Procurator's Office.[3]
The penal code is based on the principle of nullum crimen sine lege (no crime without a law), but remains a tool for political control despite several amendments reducing ideological influence.[4] Courts carry out legal procedures related to not only criminal and civil matters, but also political cases as well.[5] Political prisoners are the only ones who have their entire family and themselves sent to labor camps, while criminal offenders are incarcerated in correctional facilities and prisons.[6]
Legal profession
editNorth Korean attorneys must join the Choson Bar Association. The association's Central Committee determines professional standards, as well as the qualifying or disqualifying of attorneys. Attorneys are not hired by individuals or agencies, but rather the committee collects legal representation requests and then assigns cases and pays remunerations to the assignee. However, attorneys do not have a monopoly on providing legal services as anyone might provide representation in civil or criminal proceedings. The Law College at Kim Il Sung University is the only university-level institution that provides legal education.[7] It is estimated that there are about 500 registered lawyers in North Korea, of whom 200 are active in Pyongyang.[8] For 12 years, Michael Hay was the only foreign lawyer operating in North Korea. He reported winning or partly winning 70% of cases when representing foreign firms.[9]
In practice, lawyers are limited in what sort of defense they can mount on behalf of their clients in criminal trials, as the North Korean judicial system is an instrument of state power of North Korea's authoritarian government. Due to the small number of practicing lawyers it is difficult for defendants to even obtain one, and when a lawyer does represent a client, it is largely a formality. They may explain their clients' motives for committing their suspected crimes and make some positive comments about their clients but do not mount serious defenses.[8]
Law and politics
editAccording to Robert Collins of the Committee for Human Rights in North Korea, the specific hierarchy of authority in North Korea is the words or personal directives of Kim Jong Un, followed by the Ten Principles for the Establishment of a Monolithic Ideological System, WPK directives —particularly the policy guidance of the WPK Secretariat's Organization and Guidance Department, the WPK Charter and domestic civil laws, and finally the North Korean Constitution. The WPK, while maintaining the dominant political role within the North Korean party-state, came to serve the leader in primacy above all other political entities. As in other communist political systems, the state and society serve the party, and civil laws do not bind the party.[10]
See also
editReferences
edit- ^ Dae Un Hong (25 February 2021). "North Korean Laws Since 2016: What They Imply for the Country's Future". 38 North. The Henry L. Stimson Center. Retrieved 1 March 2021.
- ^ Salmon, Andrew (3 December 2018). "Getting to grips with law and business in high-risk North Korea". Asia Times.
- ^ DeRouen, Karl R.; Bellamy, Paul, eds. (2007). International Security and the United States: An Encyclopedia. Vol. 1. Westport: Praeger Security International. p. 567. ISBN 978-0-313-08486-7.
- ^ Country Study 2009.
- ^ Country Study 2009, p. 201.
- ^ "Outside World Turns Blind Eye to N. Korea's Hard-Labor Camps". The Washington Post. 20 July 2009. Archived from the original on 19 September 2010. Retrieved 19 May 2014.
- ^ Seoul, Yonhap News Agency (2002-12-27). North Korea Handbook. M.E. Sharpe. ISBN 9780765635235.
- ^ a b Lawyers in N. Korea
- ^ Salmon, Andrew (3 December 2018). "Getting to grips with law and business in high-risk North Korea". Asia Times.
- ^ "Songbun- North Korea's Social Classification System, pg.15" (PDF). Archived from the original (PDF) on 2013-09-21. Retrieved 2014-01-21.
Works cited
editFurther reading
edit- Chʻoe Chong-go (2005). Law and Justice in Korea: South and North. Seoul: Seoul National University Press. ISBN 978-89-521-0635-3.
- Kim Jong-il (1986). On Increasing Obedience to Socialist Laws, December 15, 1982. Pyongyang: Foreign Languages Publishing House. OCLC 25030491.
- Sung Yoon Cho (1988). Law and Legal Literature of North Korea: A Guide. Washington: Library of Congress. OCLC 898316632.
- Goedde, Patricia (2003). "Law "Of Our Own Style": The Evolution and Challenges of the North Korean Legal System". Fordham International Law Journal. 27 (4).
- Bryan, Greyson; Scott Horton; Robin Radin (1997). "Foreign Investment Laws and Regulations of the Democratic People's Republic of Korea". Fordham International Law Journal. 21 (5).
External links
edit
- North Korea at the Law Library of Congress
- Full texts of laws on economy and trade at Naenara
- Compilation of Laws and Regulations (For Foreign Investment)
- North Korea at NATLEX (ILO)
- North Korea at FAOLEX (FAO)
- North Korea at WIPO Lex
- Intellectual property laws at Korea Computer Center (archived)
- Criminal Law of the Democratic People's Republic of Korea (1999/2009) Archived 2016-09-15 at the Wayback Machine
- "Brushes with the Law: North Korea and the Rule of Law" at Keia.org