Korea, North
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Legal Resources for North Korea• Constitution of the Democratic People's Republic of Korea [1]
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Introduction
Quick summary of the context (including the country’s recent history)
North Korea, officially known as the Democratic People’s Republic of Korea (DPRK), is a highly centralized socialist state located on the northern half of the Korean Peninsula, bordering China, Russia, and South Korea. With a population of approximately 25 million, North Korea is known for its mountainous terrain and largely state-controlled economy, historically centered around heavy industry and military production. The Korean Peninsula was under Japanese colonial rule from 1910 until Japan’s defeat in World War II in 1945. Following the war, the peninsula was divided along the 38th parallel into Soviet-occupied North Korea and U.S.-occupied South Korea. The DPRK was officially established in 1948 under Kim Il-sung, whose authoritarian rule laid the foundation for a dynastic system of leadership, continued by his son Kim Jong-il and grandson Kim Jong-un. The Korean War (1950–1953) ended in an armistice, not a peace treaty, leaving the two Koreas technically still at war. North Korea operates under a socialist constitution that has been amended several times, most recently in 2019, emphasizing the supremacy of the ruling Workers’ Party of Korea, the centrality of the Kim family, and the state’s commitment to “self-reliance” (Juche). Administratively, the country is divided into nine provinces and several special cities.
https://www.britannica.com/place/North-Korea
Type of system (common law; civil law; hybrid)
North Korea’s legal system is based on a civil law framework derived from German legal codes, shaped further by Japanese colonial influence and Communist legal theory. The system does not permit judicial review of legislative acts, meaning courts have no authority to challenge or overturn laws passed by the state. Additionally, North Korea has not accepted the jurisdiction of the International Court of Justice, reflecting its broader rejection of external legal oversight and its emphasis on national sovereignty.
The legal aid situation in the country:
State Sponsored legal aid
In North Korea, legal aid is provided by the state as part of its centralized justice system. Defense counsel is assigned through government channels, and there is no publicly available evidence of a separate or independent legal aid sector. Legal representatives operate within a system overseen by state authorities, and their functions are integrated into the broader administrative structure of the judiciary. In cases involving political or national security charges, legal proceedings are generally closed to external scrutiny, and judicial review or formal appeals processes are not publicly documented.
If no State Sponsored Legal aid exist, mention existing NGOs providing pro bono legal aid
None are known to be practicing from within North Korea; however, there are numerous NGOs based outside the country that provide legal support to North Korean refugees. These include Liberty in North Korea (LiNK), which facilitates safe passage and resettlement; PSCORE (People for Successful Corean Reunification), which offers legal education and documentation assistance in South Korea; HanVoice in Canada, which supports refugee claims and legal advocacy; the Database Center for North Korean Human Rights (NKDB), which provides legal counseling and documentation for defectors; Korea Future Initiative, which supports legal accountability through international mechanisms; and the Refugee Rights Network Korea (RRNK), which delivers legal and resettlement services for asylum seekers and refugees, including North Koreans.
Sources: Liberty in North Korea (LiNK) - https://libertyinnorthkorea.org
PSCORE (People for Successful Corean Reunification) - http://pscore.org
HanVoice - https://www.hanvoice.ca
Database Center for North Korean Human Rights (NKDB) - https://en.nkdb.org
Korea Future Initiative - https://www.koreafuture.org
Refugee Rights Network Korea (RRNK) - https://www.refugeerights.or.kr
Number of lawyers (criminal/civil) if known
Publicly available data on the number of practicing lawyers in North Korea is limited, and official statistics are not regularly released. The legal profession in North Korea is state-managed, and lawyers operate under the direction of the state through institutions such as the Central Committee of the Korean Bar Association. Independent legal practice is not recognized under the current legal framework. There is no publicly known distinction between civil and criminal legal practitioners, and most legal representation is assigned through state channels.
Sources of defendant’s rights?
National Sources of Defendant’s rights
Defendant’s rights in North Korea are formally outlined in the Socialist Constitution of the Democratic People’s Republic of Korea and related laws, including the Criminal Procedure Law and the Law on Lawyers. The Constitution guarantees certain procedural rights, such as the right to defense, the presumption of innocence until proven guilty, and protection against arbitrary arrest (Articles 69–74, depending on the version and translation). The Criminal Procedure Law establishes the framework for criminal investigations, trials, and legal representation.
International Sources of defendant’s rights
North Korea is a party to several international treaties relevant to defendant’s rights, most notably the International Covenant on Civil and Political Rights (ICCPR), which it acceded to in 1981. The ICCPR includes protections such as the right to a fair trial, legal representation, and protection against torture or cruel treatment. However, North Korea withdrew from the Optional Protocol to the ICCPR in 1997, which had allowed for individual complaints to the Human Rights Committee. While these international standards formally apply, the extent of their implementation in domestic legal proceedings is unclear due to limited external access to North Korea’s legal system.
Rights of the Accused
Right Against Unlawful Arrests, Searches and Seizures
Constitution Article 79: "The citizen is guaranteed inviolability of the person and the home and privacy of correspondence."
Criminal Procedure Law Article 144: Arrests shall require a warrant issued by the prosecutor, except in cases where a suspect is caught in the act (in flagrante delicto).
CPL Article 155: Searches and seizures must be authorized by a search warrant issued by the prosecutor.
Right Against Unlawful Detention
CPL Article 149: Detention requires a formal order by the prosecutor and may be extended with prosecutorial approval.
Right Not to be Tortured or Ill-Treated
No explicit prohibition of torture in the Constitution or CPL.
Coerced confessions are discouraged but not clearly excluded from admissibility.
Right to Medical Care
No provisions in the Constitution or CPL guaranteeing detainees access to medical care.
Right to be Informed of Charges
CPL Articles 145–148: Require the accused to be informed of the reason for arrest and the nature of charges at the time of interrogation or detention.
Right to Presumption of Innocence
Constitution Article 74: "A suspect is not to be considered guilty until a judgment is delivered by a court."
Right Against Self-Incrimination
Not expressly stated in the Constitution or CPL.
No mention of a right to silence; interrogation procedures are recorded but without protection against compelled testimony.
Right to Counsel and Effective Assistance
CPL Articles 13, 18: Provide for the right to defense counsel during investigation and trial. Lawyers are appointed by or operate under state supervision.
Right to a Present a Defense
CPL Article 13: "A suspect or defendant may be defended by a lawyer from the point when he or she is informed of being a suspect in a criminal case. A suspect or defendant may organize his or her defense by presenting evidence in his or her favor, presenting testimony by witnesses in his or her favor, and giving an explanation of the criminal facts of which he or she is accused."
This provision confirms the right of the accused to participate in their defense through evidence and testimony.
Right to Due Process
CPL Article 12: "A case of a criminal offense shall be instituted only in accordance with the procedures established by the criminal procedure law."
CPL Article 27: "A criminal case shall go through the stages of investigation, preliminary examination, prosecution and trial."
CPL Articles 13, 18, 27–43: These articles outline the stages and procedures for interrogation, evidence collection, legal representation, and court process, providing a legal foundation for due process guarantees.
Right to Equal Protection of the Laws
Constitution Article 65: "Citizens are equal before the law regardless of sex, nationality, occupation, length of residence, property status, education, party affiliation, political view, or religion."
No enforcement mechanisms or discrimination protections elaborated.
Right to Bail
No provisions in the CPL for bail or conditional release pending trial.
Right Against Ex Post Facto Prosecution
DPRK Criminal Law applies prospectively; no retroactive application of criminal penalties.
Right Against Double Jeopardy
Not explicitly stated in the CPL or Constitution. Retrials are permitted under certain conditions.
Right to a Fair Trial
Generally
CPL Articles 12–18, 27–43: Outline investigation, prosecution, and defense procedures including rights to counsel and court hearings.
Right to a Trial by Jury
No jury system exists in North Korea; all trials are conducted by judges.
Right to a Speedy Trial
No statutory time frame for completion of trial, though detention durations are regulated in Article 149.
Right to an Impartial Judge
Judges are appointed by state organs; no provisions exist for judicial independence.
Right to Language Interpretation
No provision for interpretation for non-Korean-speaking defendants.
Right to Habeas Corpus
No legal mechanism for judicial review of detention or challenging its lawfulness.
Capital Punishment
Permitted under the DPRK Penal Code for serious crimes. Procedures outlined in CPL apply.
Right to Appeal
CPL Articles 216–221: Allow appeals to higher courts within set timeframes.
Rights of Counsel
Right to Provide Representation
CPL Article 13: See full text above; confirms that a suspect or defendant may be defended by a lawyer from the moment they are informed they are under suspicion.
Right of Access to the Client
CPL Article 18: "A lawyer may participate in a preliminary examination and trial and may meet and consult with the client within the limits set by the law. The meetings may be conducted in the presence of an investigator or a guard."
This provides access, but limits it through supervision.
Right to Information
CPL Article 145: "The interrogating officer must, at the beginning of the interrogation, inform the suspect or defendant of the charges and explain their rights."
Right to Confidential Communication with the Client
While CPL Article 18 allows meetings, it permits them to be monitored, and does not guarantee confidentiality.
Means of Protecting or Enforcing Rights
Exclusionary Rule
No provision in the CPL for excluding evidence obtained in violation of legal procedures.
Nullity of Procedure
There is no article specifying that legal proceedings may be voided due to procedural defects.
Motions
While defense counsel may raise objections or provide written opinions (CPL Article 13, 18), there is no formal procedure for pre-trial motions.
Contempt
The CPL does not define contempt proceedings or penalties for disrupting court proceedings.
Civil Actions
There is no integrated provision for civil claims within criminal trials; civil matters are handled under separate civil procedure laws.
Pre trial Procedures
Police procedures
Complaint/information
CPL Article 2: Public security organs and prosecutors may initiate investigations upon receiving reports or information about an offense.
Arrest, Search and Seizure Laws
Stops and Frisks
The CPL does not address investigative stops or frisking procedures.
Arrests
CPL Article 144: Specifies conditions under which arrests may be made with or without a warrant.
Pre-trial detention
CPL Article 149: Allows prosecutors to issue and extend detention orders; maximum detention periods are defined procedurally.
Searches
CPL Article 155: Searches require a warrant and are subject to procedural recording.
Enforcing the Rules (Exclusionary Rule, Nullity and other procedures to protect against illegal police procedures)
There is no formal exclusionary mechanism or review process to challenge the legality of arrest, search, or interrogation procedures.
Lineups and other identification procedures
Lineups
The CPL does not include procedures for physical lineups or identification.
Other identification procedures
No provisions found addressing voice, photographic, or other forms of suspect identification.
Interrogation
Before formal charge in court
CPL Articles 145–147: Interrogation procedures require documentation and must inform the suspect of charges.
After Defendant is formally charged
CPL Article 148: Defense counsel may attend interrogations and submit opinions to be included in the case record.
Enforcing the Rules (procedures to protect against illegal interrogation)
No procedures exist for excluding improperly obtained statements or challenging interrogation conditions.
Court Procedures
Pre-Trial
Under North Korea’s Criminal Procedure Law (CPL), pre-trial proceedings begin with the investigation phase. The initial court appearance is not clearly delineated as a separate procedural safeguard. However, Article 11 of the CPL provides a general timeline requirement:
CPL Article 11: “A suspect must be interrogated promptly, and the period for investigation shall not exceed two months. If necessary, this period may be extended by the People’s Prosecutor for up to one additional month.”
(Translation: Washington University Global Studies Law Review, 2016)
There is no explicit provision for a preliminary hearing in the Western sense, but prosecutors decide whether to initiate prosecution based on investigative findings.
The charging instrument is governed by Article 17:
CPL Article 17: “The People’s Prosecutor shall, on the basis of the results of the investigation, determine whether to initiate a prosecution.”
There is no provision for pre-trial motions or discovery mechanisms; such procedures are not typical of inquisitorial legal systems.
Trial
Nature of the Trial
Trials in North Korea follow an inquisitorial model in which judges play an active role in determining the facts. Defense counsel may participate but are state-sanctioned.
According to CPL Article 55: “The court shall thoroughly examine the case based on evidence and arguments presented by the prosecutor, defense counsel, and defendant.”
There is no public jury system. The People’s Court typically consists of one judge and two assessors (lay judges), who decide the verdict collectively.
Defendant
The accused is required to participate and may be represented by a lawyer under CPL Article 48, which provides:
CPL Article 48: “The accused may present a defense and request a lawyer. The lawyer may participate in the proceedings with the court’s approval.”
Lawyers
While legal representation is permitted, the approval of the court is required. Lawyers are appointed and managed by the state. There are no private legal practices.
Expert Witnesses
The CPL does not explicitly provide for expert witnesses. Any testimony by technical professionals would likely be introduced through state-controlled institutions.
Judges
Judges are elected by the Supreme People’s Assembly or local people’s assemblies and are subject to party control. Their independence is not institutionally guaranteed.
Victims
The CPL provides no clear role for victims to participate in criminal trials as civil claimants or as independent parties.
Sentencing
Sentencing is governed by the Penal Code and the CPL. There is no separate sentencing hearing. The sentence is announced directly following the verdict.
CPL Article 68: “After a conviction is reached, the court shall announce the sentence in accordance with the Penal Code.”
Sentencing guidelines are not publicly available. Factors influencing sentencing are determined internally by the judiciary and prosecutorial agencies.
Appeals
The right to appeal is provided under CPL Article 71, but the time frame and grounds are limited:
CPL Article 71: “A defendant or prosecutor may file an appeal within 10 days of the judgment being rendered.”
There is no appeal to an independent or international court. The Supreme Court of the DPRK is the highest court of appeal and its decisions are final.
Rights in prison
Right to Humane Conditions of Confinement
The DPRK Socialist Constitution includes general provisions related to human dignity and human rights. Article 63 of the Constitution states:
“The State shall regard it as its important duty to protect the political and ideological integrity, the lives and property, and the personal safety of the citizens.”
However, the Criminal Procedure Law does not explicitly detail standards for prison conditions. There is no comprehensive codified right to humane confinement or specific standards for prison infrastructure, treatment, or oversight mechanisms found in the legal text.
Right to Medical Care in Prison
There is no explicit provision in the Criminal Procedure Law that mandates the right to medical care for prisoners. However, Article 148 (Criminal Procedure Law) provides that:
"The chief of the detention facility shall take necessary measures to ensure the health of detainees.”
This implies a basic duty to safeguard the health of detainees, but there is no detail on the scope, quality, or enforcement of medical services in detention facilities.
Right to Mental Health Care
No articles within the Constitution or the Criminal Procedure Law specifically reference access to mental health services or treatment for prisoners. There is no dedicated legal framework addressing the mental well-being of detainees.
Rights of Special Populations
Women
There is no article in the Criminal Procedure Law or Constitution that provides detailed protections specific to women prisoners. However, Article 6 of the DPRK Law on the Protection and Promotion of the Rights of Women (2010) notes:
“The State shall protect the rights of women in employment, education, health care, and in family life.”
While this law addresses broad protections, it does not contain specific guidance on the treatment of women in detention or corrections settings.
LGBT Prisoners
No specific laws or provisions in the DPRK legal framework recognize or protect the rights of LGBT individuals, whether in society or in detention settings.
Mentally Ill Prisoners
There are no provisions in the Criminal Procedure Law or Constitution referencing the treatment, legal responsibility, or procedural protections for individuals with mental illness in the justice system.
Juveniles
The DPRK does not have a publicly available, distinct juvenile justice law. However, Article 13 of the Criminal Law states:
“A person under the age of 14 is not subject to criminal punishment.”
This implies a minimum age of criminal responsibility at 14, but there is limited information on protections or alternative justice measures for juvenile offenders. No specialized courts or detention facilities are mentioned in the Criminal Procedure Law.
Bibliography
DPRK Criminal Procedure Law (2007 Amendment) – English translation provided by Washington University Global Studies Law Review: https://apps.law.wustl.edu/GSLR/CitationManual/countries/northkorea.pdf
DPRK Socialist Constitution (2016 Amendment) – English translation via Constitute Project: https://www.constituteproject.org/constitution/People's_Republic_of_Korea_2016.pdf?lang=en
Criminal Law of the DPRK (Penal Code) – Summary excerpts and references in academic and NGO sources (no official consolidated version publicly available in English).
UN Treaty Body Database – DPRK Country Ratification Status: https://tbinternet.ohchr.org/_layouts/15/TreatyBodyExternal/Treaty.aspx?CountryID=45&Lang=EN
Law on the Protection and Promotion of the Rights of Women (DPRK, 2010) – Quoted in international reports and academic references; not officially published in full in English.
Human Rights Watch – Legal and Human Rights Reports on DPRK: https://www.hrw.org/asia/north-korea
Amnesty International Reports on North Korea’s Criminal Justice System: https://www.amnesty.org/en/location/asia-and-the-pacific/east-asia/north-korea/report-north-korea/
United Nations Commission of Inquiry on Human Rights in the DPRK (2014 Report): https://www.ohchr.org/en/hr-bodies/hrc/co-idprk/report-coi-dprk
