The following is the full text of the Legislation Law of the Democratic People’s Republic of Korea.
LEGISLATION LAW OF THE DEMOCRATIC
PEOPLE’S REPUBLIC OF KOREA
Adopted on December 19, Juche 101 (2012) through Decree No. 2874 of the Presidium of the Supreme People’s Assembly
Amended on August 10, Juche 105 (2016) through Decree No. 1245 of the Presidium of the Supreme People’s Assembly
Amended and supplemented on July 29, Juche 107 (2018) through Decree No. 2324 of the Presidium of the Supreme People’s Assembly
CHAPTER 1
BASIS OF THE LEGISLATION LAW
ARTICLE 1 (Mission of the Legislation Law)
The Legislation Law of the Democratic People’s Republic of Korea contributes to perfecting the socialist legal system by strictly setting up the system and order in the work of enacting laws, regulations and rules.
ARTICLE 2 (Definition of Terms)
The definition of terms in this law is as follows.
- Legislation is the activity in which authoritative state institutions create, amend or supplement laws, regulations, rules and other normative legal documents.
- A law is a legal document in which the supreme institution of power regulates in general the social relations in a certain sector by basing on the Constitution.
- A regulation is a legal document that makes the contents of a law more detailed to execute it on a nationwide scope or regulates in detail the practical contents to guarantee legal control in a sector where the conditions for enacting a law are not yet mature.
- A rule is a legal document that regulates the contents of a law or regulation in a more detailed way to execute it in line with the character of a certain sector or region.
ARTICLE 3 (Principle of Materializing the Lines and Policies of the Party)
The state makes sure to correctly materialize the lines and policies of the Workers’ Party of Korea in the legislation work.
ARTICLE 4 (Principle of Reflecting the Will of the People)
The state makes sure that the extensive masses actively participate in the legislation work and to correctly reflect the will of the people in laws.
ARTICLE 5 (Principle of Guaranteeing Realism and Scientific Character)
The state makes sure to enact laws in a scientific way in line with the demands of the realities.
ARTICLE 6 (Principle of Guaranteeing Law Observance)
The state makes sure to conduct the legislation work in line with the demands of the Socialist Constitution in accordance with the set powers and procedures and guarantee the unity of the legal system.
ARTICLE 7 (Scope of Regulations)
This law regulates the matters related to the legislation work of the Supreme People’s Assembly, the Presidium of the Supreme People’s Assembly, the Cabinet, the Commissions and Ministries of the Cabinet and other central institutions that carry out administrative management functions (hereafter referred to as the Commissions and Ministries of the Cabinet) and the people’s assemblies and people’s committees of provinces (municipalities).
The legislation work of other state institutions is in accordance with what is separately set.
CHAPTER 2
ENACTMENT OF LAWS BY THE
SUPREME PEOPLE’S ASSEMBLY
AND THE PRESIDIUM OF THE
SUPREME PEOPLE’S ASSEMBLY
Section 1
Legislative Power
ARTICLE 8 (Legislative Institution)
Legislative power is exercised by the Supreme People’s Assembly.
During the adjournment of the Supreme People’s Assembly, the Presidium of the Supreme People’s Assembly may also exercise legislative power.
ARTICLE 9 (Legislative Power of the Supreme People’s Assembly)
The Supreme People’s Assembly amends or supplements the Constitution or enacts, amends or supplements laws and approves the major laws adopted by the Presidium of the Supreme People’s Assembly during the adjournment of the Supreme People’s Assembly.
ARTICLE 10 (Legislative Power of the Presidium of the Supreme People’s Assembly)
The Presidium of the Supreme People’s Assembly enacts, amends or supplements laws during the adjournment of the Supreme People’s Assembly and enacts, amends or supplements regulations related to the sectors of power, people’s security, justice and prosecution and other necessary sectors.
ARTICLE 11 (Matters Under the Exclusive Jurisdiction of Ordinances and Decrees)
The following matters may be prescribed only through ordinances or decrees.
- Form of the state, nationality, territory of the state, symbols of the state and other matters of state power
- Organization and powers of the institutions of power, the administration-oriented executive institutions and the judicial and prosecutorial institutions at all levels
- Crime and punishment
- Deprivation of the political rights of citizens and compulsory actions and punishments that limit human freedom
- Basic civil system
- Litigation and arbitration systems
- Basic system in economic management and special economic zones
- Basic system in culture such as education and health
- Basic system in national defense, state security and diplomacy
- National unification and north-south relations
- Other matters that should surely be prescribed by the Supreme People’s Assembly and the Presidium of the Supreme People’s Assembly through ordinances or decrees
Section 2
Enactment of Laws by the
Supreme People’s Assembly
ARTICLE 12 (Institutions Submitting Draft Laws to the Supreme People’s Assembly)
The draft laws to be discussed by the Supreme People’s Assembly are submitted by the Chairman of the State Affairs Commission of the Democratic People’s Republic of Korea, the State Affairs Commission, the Presidium of the Supreme People’s Assembly, the Cabinet and the committees of the Supreme People’s Assembly.
Deputies to the Supreme People’s Assembly may also submit draft laws to the Supreme People’s Assembly.
ARTICLE 13 (Deliberation by the Legislation Committee of the Draft Laws to Be Submitted to the Supreme People’s Assembly)
The draft laws to be submitted to the Supreme People’s Assembly are first deliberated by the Legislation Committee of the Supreme People’s Assembly.
The Legislation Committee should decide on whether to submit the draft laws to the Supreme People’s Assembly after conducting a deliberation on them.
ARTICLE 14 (Method for the Deliberation of Draft Laws by the Supreme People’s Assembly)
The deliberation of draft laws by the Supreme People’s Assembly is conducted through the methods of reporting, draft reading and speeches. In case a draft law was distributed to deputies in advance, there may be no need to read the draft law.
If opinions for amendments and supplements on a draft law were presented in the deliberation process, it is arranged based on them, after which it is put to a vote.
ARTICLE 15 (Adoption of Draft Laws by the Supreme People’s Assembly)
The Supreme People’s Assembly adopts draft laws only when at least half of the deputies present in the session approve through a show of hands.
The Constitution is amended or supplemented only when at least two-thirds of all deputies to the Supreme People’s Assembly approve.
ARTICLE 16 (Promulgation of the Laws Adopted by the Supreme People’s Assembly)
The Constitution and laws adopted by the Supreme People’s Assembly are promulgated through the ordinances of the Supreme People’s Assembly.
ARTICLE 17 (Approval of Major Laws by the Supreme People’s Assembly)
The major laws adopted by the Presidium of the Supreme People’s Assembly during the adjournment of the Supreme People’s Assembly receive the approval of the Supreme People’s Assembly.
The procedure for the approval of the major laws by the Supreme People’s Assembly is in accordance with the relevant provisions of this section.
Section 3
Enactment of Laws by the Presidium
of the Supreme People’s Assembly
ARTICLE 18 (Institutions Submitting Draft Laws to the Presidium of the Supreme People’s Assembly)
The draft laws to be discussed by the Presidium of the Supreme People’s Assembly are submitted by the Cabinet, the committees of the Supreme People’s Assembly, the committees of the Presidium of the Supreme People’s Assembly and the deputies to the Supreme People’s Assembly.
The draft regulations to be discussed by the Presidium of the Supreme People’s Assembly are submitted by the committees of the Presidium of the Supreme People’s Assembly, the Central Prosecutor’s Office, the Central Court, the Ministry of People’s Security, the people’s committees of provinces (municipalities) and other relevant institutions.
ARTICLE 19 (Deliberation by the Legislation Committee of the Draft Laws to Be Submitted to the Presidium of the Supreme People’s Assembly)
The draft laws and major regulations to be submitted to the Presidium of the Supreme People’s Assembly are first deliberated by the Legislation Committee of the Supreme People’s Assembly.
The Legislation Committee should decide on whether to submit the draft laws and major regulations to the Presidium of the Supreme People’s Assembly after conducting a deliberation on them.
ARTICLE 20 (Jurisdiction on the Deliberation of Draft Laws by the Presidium of the Supreme People’s Assembly)
The draft laws and regulations that were submitted to the Presidium of the Supreme People’s Assembly are deliberated by the plenary or executive meeting.
The plenary meeting deliberates the draft laws to be newly adopted, and the executive meeting deliberates draft amendments and supplements to laws, draft regulations and draft amendments and supplements to laws.
ARTICLE 21 (Method for the Deliberation of Draft Laws by the Presidium of the Supreme People’s Assembly)
The deliberation of the draft laws and regulations by the plenary and executive meetings of the Presidium of the Supreme People’s Assembly is conducted through the method of reading and discussing the drafts.
In case a draft was distributed to members in advance, there may be no need to conduct a reading of the draft.
If opinions for amendments and supplements on a draft were presented in the deliberation process, it is arranged based on them, after which it is put to a vote.
ARTICLE 22 (Adoption of Draft Laws by the Presidium of the Supreme People’s Assembly)
The plenary and executive meetings of the Presidium of the Supreme People’s Assembly adopt draft laws and regulations only when at least half of the members present in the meeting approve.
ARTICLE 23 (Promulgation of the Laws Adopted by the Presidium of the Supreme People’s Assembly)
The laws adopted by the Presidium of the Supreme People’s Assembly are promulgated through the decrees of the Presidium of the Supreme People’s Assembly, and the regulations are promulgated through the decisions of the Presidium of the Supreme People’s Assembly.
ARTICLE 24 (Power of the Presidium of the Supreme People’s Assembly to Interpret Laws)
The interpretation of the Constitution and laws and of the regulations adopted by the Presidium of the Supreme People’s Assembly is conducted by the Presidium of the Supreme People’s Assembly.
The interpretations made by the Presidium of the Supreme People’s Assembly on laws and regulations have the same effect as the relevant laws or regulations.
ARTICLE 25 (Deliberation and Adoption of Interpretations of Laws by the Presidium of the Supreme People’s Assembly)
The draft interpretations of the Constitution, laws and regulations are deliberated and adopted by the Presidium of the Supreme People’s Assembly. In this case, the draft interpretations of the Constitution and laws receive deliberation by Legislation Committee in advance.
The interpretations of laws adopted by the Presidium of the Supreme People’s Assembly are issued through the instructions of the Presidium of the Supreme People’s Assembly.
CHAPTER 3
ENACTMENT OF REGULATIONS
BY THE CABINET
ARTICLE 26 (Power of the Cabinet to Enact Regulations)
The Cabinet enacts, amends or supplements the regulations related to state management by basing on the Constitution and laws.
The Cabinet may issue regulations on matters where there is a necessity to make the contents of the laws more detailed to execute them, matters authorized by the laws to be set by the Cabinet and matters under the powers of the Cabinet that are prescribed in Article 125 of the Socialist Constitution.
ARTICLE 27 (Proposal for the Enactment of Regulations)
The proposals for enacting regulations are made by the Commissions and Ministries of the Cabinet.
ARTICLE 28 (Period for the Proposal of Regulations)
The Cabinet should enact the necessary regulations for the execution of a law within a year after it is promulgated.
In case several regulations are necessary for the execution of a law, they should be enacted within two years after the law was promulgated.
In case a law was amended or supplemented, the related regulations should be amended or supplemented within six months.
ARTICLE 29 (Organization for the Preparation of Draft Regulations)
The preparation of draft regulations is organized by the Cabinet.
ARTICLE 30 (Procedure for the Deliberation and Adoption of Draft Regulations)
The procedure of deliberating and adopting draft regulations is set by the Cabinet.
ARTICLE 31 (Promulgation of Regulations)
Regulations are issued through the decisions of the Cabinet.
ARTICLE 32 (Interpretation of Regulations)
The interpretation of the regulations adopted by the Cabinet is conducted by the Cabinet. In this case, these interpretations have the same effect as the relevant regulations.
CHAPTER 4
ENACTMENT OF RULES BY THE
COMMISSIONS AND MINISTRIES
OF THE CABINET
ARTICLE 33 (Power of the Commissions and Ministries of the Cabinet to Enact Rules)
The Commissions and Ministries of the Cabinet enact, amend or supplement rules within the scope of the powers of the relevant institutions by basing on the laws and the regulations of the Cabinet.
ARTICLE 34 (Matters for the Enactment of the Rules of the Commissions and Ministries of the Cabinet)
The Commissions and Ministries of the Cabinet may issue rules on matters where there is a necessity to make the contents of the laws or the regulations of the Cabinet more detailed to execute them and matters authorized by the laws or the regulations of the Cabinet to be set by the relevant institutions.
ARTICLE 35 (Period for the Enactment of Rules)
The Commissions and Ministries of the Cabinet should enact the necessary rules for the execution of a law or regulation within six months after it is promulgated.
In case a law or regulation was amended or supplemented, the related rules should be amended or supplemented within three months.
ARTICLE 36 (Organization for the Preparation of Draft Rules)
The preparation of draft rules is organized by the relevant Commission or Ministry of the Cabinet.
A rule on a matter related to the scope of the powers of at least two Commissions and Ministries of the Cabinet may be jointly prepared by the relevant Commissions and Ministries.
ARTICLE 37 (Deliberation and Adoption of Rules)
The procedure for the Commissions and Ministries of the Cabinet to deliberate and adopt rules is set by the Cabinet.
ARTICLE 38 (Promulgation of Rules)
The rules adopted by the Commissions and Ministries of the Cabinet are issued through the instructions of the relevant Commissions and Ministries of the Cabinet.
ARTICLE 39 (Interpretation of Rules)
The interpretation of the rules of the Commissions and Ministries of the Cabinet is conducted by the relevant Commissions and Ministries of the Cabinet. In this case, these interpretations have the same effect as the relevant rules.
CHAPTER 5
ENACTMENT OF RULES BY THE
PEOPLE’S ASSEMBLIES AND
PEOPLE’S COMMITTEES OF
PROVINCES (MUNICIPALITIES)
ARTICLE 40 [Power of the People’s Assemblies of Provinces (Municipalities) to Enact Rules]
The people’s assemblies of provinces (municipalities) may enact, amend or supplement rules to execute laws and regulations in line with the realities of the relevant regions.
ARTICLE 41 [Power of the People’s Committees of Provinces (Municipalities) to Enact Rules]
The people’s committees of provinces (municipalities) may enact, amend or supplement rules to execute laws and regulations in line with the realities of the relevant regions during the adjournment of the people’s assemblies of provinces (municipalities).
ARTICLE 42 [Deliberation and Adoption of Draft Rules by the People’s Assemblies and People’s Committees of Provinces (Municipalities)]
The procedure for the submission, deliberation and adoption of the draft rules to be discussed by the people’s assemblies and people’s committees of provinces (municipalities) is in accordance with the relevant regulations of the Law on the Local Institutions of Power.
ARTICLE 43 (Promulgation of the Rules Adopted by the People’s Assemblies and People’s Committees of Provinces (Municipalities)]
The rules adopted by the people’s assemblies and people’s committees of provinces (municipalities) are issued through the decisions of the people’s assemblies or people’s committees of provinces (municipalities).
ARTICLE 44 [Interpretation of the Rules of the People’s Assemblies and People’s Committees of Provinces (Municipalities)]
The interpretation of the rules of the people’s assemblies and people’s committees of provinces (municipalities) is conducted by the people’s committees of provinces (municipalities). In this case, these interpretations have the same effect as the relevant rules.
CHAPTER 6
EFFECT OF LEGAL DOCUMENTS
ARTICLE 45 (Effect of the Constitution)
The Constitution has supreme legal effect.
All legal documents should not be contrary to the Constitution.
ARTICLE 46 (Effect of Laws)
The effect of laws is higher than regulations and rules.
ARTICLE 47 (Effect of the Regulations of the Presidium of the Supreme People’s Assembly)
The effect of the regulations issued by the Presidium of the Supreme People’s Assembly is higher than the regulations issued by the Cabinet.
ARTICLE 48 (Effect of the Regulations of the Cabinet)
The effect of the regulations issued by the Cabinet is higher than the rules of the Commissions and Ministries of the Cabinet and the people’s assemblies and people’s committees of provinces (municipalities).
ARTICLE 49 (Effect of the Rules Issued by the Commissions and Ministries of the Cabinet)
The rules issued by the Commissions and Ministries of the Cabinet have the same effect and are implemented within the scope of their respective powers.
The effect of the rules issued by the Commissions and Ministries of the Cabinet is higher than the issues issued by the people’s committees of provinces (municipalities).
ARTICLE 50 [Effect of the Rules of the People’s Assemblies of Provinces (Municipalities)]
The effect of the rules issued by the people’s assemblies of provinces (municipalities) is higher than the rules issued by the relevant people’s committees.
ARTICLE 51 (Effect of General and Special Legal Norms and New and Old Legal Norms)
In case the special legal norms and the general legal norms differ on the same matter in a legal document issued by an institution, the special legal norms are applied, and, in case the new legal norms and the old legal norms differ, the new legal norms are applied.
ARTICLE 52 (Date of Implementation of Legal Documents)
A legal document states the date of its implementation.
In case the date of implementation is not stated on a legal document, it takes effect from the day after 15 days have passed after its promulgation.
ARTICLE 53 (Principle of Non-Retroactivity of Effect and Retroactivity)
The effect of legal documents is not retroactive. However, it may be exceptionally prescribed to be retroactive to better protect the rights and interests of institutions, enterprises, organizations and citizens.
ARTICLE 54 (Decision on the Application of New General Legal Norms and Old Special Legal Norms)
In case the new general legal norms and the old special legal norms differ on the same matter in a law or a regulation issued by the Presidium of the Supreme People’s Assembly, the Presidium of the Supreme People’s Assembly makes a decision on which to apply.
In case the new general legal norms and the old special legal norms differ on the same matter in a regulation issued by the Cabinet, the Cabinet makes a decision on which to apply.
ARTICLE 55 (Decision on the Application of Regulating Contents in Case They Differ on the Same Matter in a Rule Issued by an Institution)
In case the new general legal norms and the old special legal norms differ on the same matter in a rule issued by an institution, the institution makes a decision on which to apply.
ARTICLE 56 (Decision on the Application of Regulating Contents in Case They Differ on the Same Matter in the Rules Issued by Different Institutions)
In case the regulating contents differ on the same matter in the rules issued by the people’s assemblies of provinces (municipalities) and the Commissions and Ministries of the Cabinet, the Presidium of the Supreme People’s Assembly makes a decision on which to apply in accordance with the proposal of the Cabinet.
In case the regulating contents differ on the same matter in the rules of the Commissions and Ministries of the Cabinet, the Cabinet makes a decision on which to apply.
ARTICLE 57 (Proposal for the Evaluation of the Legality of Regulations and Rules)
Institutions, enterprises, organizations and citizens may propose to the Presidium of the Supreme People’s Assembly to evaluate the regulations issued by the Cabinet or the rules issued by the people’s assemblies of provinces (municipalities) in case they recognize that they are contrary to the Constitution and laws.
ARTICLE 58 (Proposal for the Evaluation of the Legality of Rules)
Institutions, enterprises, organizations and citizens may propose to the Cabinet to evaluate the rules issues by the Commissions and Ministries of the Cabinet or the people’s committees of provinces (municipalities) in case they recognize that they are contrary to the regulations of the Cabinet.
ARTICLE 59 (Reasons for the Nullification and Cancellation of Legal Documents)
In the following cases, a legal document is nullified or cancelled.
- In case the contents of a legal document are contrary to the lines and policies of the state
- In case of adopting a legal document outside of authority
- In case of violating the legislation procedure
- In case the contents of a legal document with a lower effect are contrary to the contents of a legal document with a higher effect
- In case the regulating contents differ on the same matter in legal documents that have the same effect
ARTICLE 60 (Power to Nullify and Cancel Legal Documents)
The power to nullify and cancel legal documents is as follows.
- The Presidium of the Supreme People’s Assembly may nullify or cancel the regulations of the Cabinet and the rules of the Commissions and Ministries of the Cabinet and the people’s committees of provinces (municipalities).
- The Cabinet may nullify or cancel the rules of the Commissions and Ministries of the Cabinet and the people’s committees of provinces (municipalities).
- The people’s assemblies of provinces (municipalities) may nullify or cancel the rules of the relevant people’s committees.
CHAPTER 7
PREPARATION OF LEGAL DOCUMENTS
AND LEGAL SYSTEMATIZATION
Section 1
Preparation of Legal Documents
ARTICLE 61 (Demand to Be Observed in the Preparation of Laws, Regulations and Rules)
Laws, regulations and rules are prepared for the legal rights and duties, parties, subjects and legal responsibilities and relations to clearly appear. In this case, regulations are prepared in a more detailed way than laws, and rules are prepared in a more detailed way than regulations.
ARTICLE 62 (Demands to Be Observed in the Preparation of Regulations or Rules for the Execution of Laws or Regulations)
In case of preparing regulations or rules issued to execute laws or regulations, the following demands should be observed.
- They should state that they were enacted to execute the relevant laws or regulations.
- They should not be contrary to the relevant laws or regulations.
- They should repeat as is the contents that were already clearly described in relevant laws or regulations.
ARTICLE 63 (Title of Legal Documents)
The title of a legal document is generally “Law”, “Regulation” or “Rule”.
The title of a law is “Law of the Democratic People’s Republic of Korea on…” and be used only by the Supreme People’s Assembly and the Presidium of the Supreme People’s Assembly.
The title of a regulation issued by the Presidium of the Supreme People’s Assembly or the Cabinet is “Regulation for the Implementation of the Law” or “Regulation”.
The title of a rule issued by a Commission or Ministry of the Cabinet or the people’s assembly or people’s committee of the province (municipality) is “Rule for the Implementation of the Law”, “Rule for the Implementation of the Regulation” or “Rule”.
The title of a tentative legal document has the expression “Tentative” attached to it.
ARTICLE 64 (Enacting Institution and Date)
A legal document states its enacting institution and date.
ARTICLE 65 (Units of Division of Legal Documents)
A legal document may be divided into books, chapters, sections, articles, paragraphs, sub-paragraphs and items according to its contents.
Books, chapters and sections have titles.
Articles may also have titles.
ARTICLE 66 (General Provisions)
General provisions are legal provisions that prescribe the principled and general contents of the relevant legal document to guarantee the accuracy and unity of the interpretation of legal norms and the organic unity of the legal norms.
The general provisions prescribe the mission (purpose), definition of terms, scope of application and principles of the relevant legal document and others.
ARTICLE 67 (Particular Provisions)
Particular provisions are legal provisions that prescribe the rights, duties and legal responsibilities to be possessed by the parties in detailed circumstances.
The particular provisions should completely, clearly and definitely prescribe the legal rights and duties, parties, subjects, legal responsibilities and legal facts.
ARTICLE 68 (Supplementary Provisions)
The supplementary provisions prescribe the contents related to the implementation of the relevant legal document.
ARTICLE 69 (Cited Provisions)
A legal document may cite other provisions to avoid repetition.
ARTICLE 70 (Language of Legal Documents)
A legal document is prepared in the Korean language.
ARTICLE 71 (Linguistic Expressions in Legal Documents)
The linguistic expressions in a legal document should be easy to understand, accurate, clear and formal.
A legal document should consistently use one word for the same concept and express different concepts using different words.
An important term or a term used with a meaning that differs from daily life should have its meaning defined in the relevant legal document.
The meaning of a term used in a regulation or rule issued to execute a law or regulation should be the same as the meaning of the term used in the relevant law or regulation.
ARTICLE 72 (Hearing of Opinions on Draft Legal Documents)
Institutions that prepare legal documents should sufficiently accept opinions from related institutions, enterprises, organizations and citizens in the stage of preparing the draft.
Section 2
Legal Systematization
ARTICLE 73 (Legislation Plan)
The legislation work is conducted in accordance with a plan.
The legislation institutions should set up the legislation plan by reflecting the laws, regulations and rules to be enacted in line with the demands of the policies of the state and the demands of the realities.
ARTICLE 74 (Arrangement of Laws and Regulations)
The arrangement of laws and regulations is conducted every year.
ARTICLE 75 (Compilation of Laws and Regulations)
The legislation institutions regularly organize the compilation of laws and regulations.
A compilation of laws and regulations contains the legal documents that are in effect at the time of compilation according to editing standards.
CHAPTER 8
LEGAL RESPONSIBILITY
ARTICLE 76 (Administrative Responsibility)
Leading officials who cause severe consequences in the legislation work by violating this law are given the relevant administrative punishment according to severity.
DPRKnotes 