Hostname: page-component-5c6d5d7d68-lvtdw Total loading time: 0 Render date: 2024-08-23T03:10:20.547Z Has data issue: false hasContentIssue false

The Judicial and Administrative Structure in North Korea*

Published online by Cambridge University Press:  17 February 2009

Extract

A knowledge of judicial and administrative structure plays a vital part in understanding the government and politics of any society. In a Communist society, the administrative apparatus plays an important role, not only in controlling the society but also in implementing Party and government directives. To fully understand the government and politics of North Korea, it may prove helpful to investigate the administrative structure by which the North Korean leaders control the society and remain in power. After a decade and a half of political rule, these North Korean leaders are faced with constant social changes and rising pressures from below. The relations between political power and political institutions, between political ideal and social reality, between the formulation and implementation of policy, have in fact been a major ideological concern for North Korea's administrators, a preoccupation they share with the leaders of other Communist societies. The amount of information made available about the North Korean judicial and administrative system has been scanty at best. This article therefore is exploratory and not definitive in nature. By utilising the materials that are available this article attempts to present North Korean views and attitudes about law and administration, and to describe the institutional framework in which the legal and administrative apparatus functions; at the same time it also attempts to examine the Soviet and Communist Chinese impact on the development of North Korea's administrative system.

Type
Research Article
Copyright
Copyright © The China Quarterly 1963

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

1 Hazard, John N., Law and Social Change in the U.S.S.R. (London: Stevens, 1953), p. 1.Google Scholar

2 Urinara Popui Palchon (The Development of Law in Our Country) (Pyongyang: State Publishing House, 1960), p. 10Google Scholar. This book is a collection of six essays by North Korean jurists on such specialised fields as civil law, land law, law of the agricultural co-operatives, labour law, criminal law, and procedural law.

3 Il-song, Kim, “For the Execution of Our Party's Judicial Policy,” Kim Il-song Sonjip (Selected Works of Kim Il-song) (Pyongyang: Worker's Daily Press, 1960), V, 1960, p. 450.Google Scholar

4 Vyshinsky, Andrei Y., The Law of the Soviet State, translated by Babb, Hugh W. (New York: The Macmillan Company, 1948), p. 50.Google Scholar

5 These laws will be translated and included in the author's forthcoming book Communism in North Korea: A Documentary History.

6 Choson Minjujui Inmin Kongwhakuk Poplyong mit Choeko Inminhwoei Sangim Wiwonhwoe Chonglyongjip (Collected Laws of the Korean People's Democratic Republic and Decrees of the Presidium of the Supreme People's Assembly) (Pyongyang: Presidium of the Supreme People's Assembly, 1955), I, p. 30.Google Scholar

7 Article 17, “Law Governing the Organisation of the Courts.”

8 For the criminal code and more specific provisions for economic crimes see “Criminal Legislation of the People's Democratic Republic of Korea,” in Gel'fer, M. A., ed., Ugolovnoye zakonodaltel'stvo zarbezhnykh sotsialistticheskikh gosudarstvo (Criminal Legislation in Foreign Socialist States) (Moscow: State Publishing House of Juridical Literature, 1957), pp. 2751.Google Scholar

9 Ibid. Chapter 13 (Arts. 64–81).

10 Art. 48, “Law Governing the Organisation of the Courts.”

11 Ibid., Art. 57.

12 Vyshinsky, , op. cit., pp. 525526.Google Scholar

13 Constitution, Art. 94.

14 Vyshinsky, , op. cit., p. 537.Google Scholar

15 Writings on this aspect of the Soviet system are too numerous to illustrate here; however, the following articles present an excellent description of its development. Hazard, John N., “Political, Administrative and Judicial Structure in the U.S.S.R. since the War,” The Annals of the American Academy of Political and Social Science (05 1949)Google Scholar, and “Governmental Development in the U.S.S.R. since Stalin,” Annals (01 1956)Google Scholar, Fainsod, Merle, “Recent Development in Soviet Public Administration,” Journal of Politics (11 1949)Google Scholar, Schapiro, Leonard and Utechin, S. V., “Soviet Government Today,” The Political Quarterly (0406 1961).Google Scholar

16 Pak Chang-ok, Deputy Premier and Chairman of the State Planning Committee; Kim Il, Deputy Premier and Minister of Agriculture; Choe Chang-ik, Deputy Premier and Minister of Finance; Chong Il-yong, Deputy Premier and Minister of Heavy Industry; Pak Ui-wan, Deputy Premier and Minister of Light Industry.

17 “Reorganisation of the Structure and the Control System of Central Ministries and Bureaus,” Minju Sabop (Democratic Judicial Administration), 09 1959, p. 3.Google Scholar

18 Pong-gol, Yi, “Necessity and Significance of Unifying Courts and Law Enforcement Agencies,” Minju Sabop (Democratic Judicial Administration), 10 1959, p. 4.Google Scholar

20 Development of legal thinking since the death of Stalin: see Hazard, John N. and Shapiro, Issac, The Soviet Legal System: Post Stalin Documentation and Historical Commentary (New York: Parker School of Foreign and Comparative Law, Columbia University, 1962).Google Scholar

21 Il-song, Kim, op. cit., p. 439.Google Scholar

22 Pong-gol, Yi, op. cit., p. 6.Google Scholar