Analysis and Forecast of Constitutional Changes in North Korea during Kim Jong-un's Era

Park Jeong-Won

Law School, Kookmin University

Constitution as an Institutionalization of the Sole Leadership System

North Korea's Constitution Day (December 27) commemorates the enactment of the socialist constitution in 1972. Similar to South Korea's Constitution Day on July 17, which commemorates the constitution established in 1948, North Korea's observance is far from reflecting on the profound values of the constitution. According to North Korean defectors, it's merely a holiday at year-end, with no particular emphasis on the meaning of the constitution. Naturally, there is a lack of education and interest in the existence and significance of the constitution. Meanwhile, North Korea also refers to its constitution as the country's supreme fundamental law. Indeed, all North Korean laws are based on the Socialist Constitution, which is founded on Juche constitutional and legal theory, setting the implementation of Juche ideology as a normative goal.

The North Korean constitution legitimizes the power succession system from Kim Il-sung to Kim Jong-il and Kim Jong-un, institutionalizing the sole leadership system of Suryong (supreme leader)in constitutional terms. The constitutional status of the highest authority evolving from the president, chairman of the National Defense Commission, to the President of the State Affairs Commission reflects the hereditary power system of the Kim family. The Socialist Constitution enacted in 1972 institutionalized Kim Il-sung's supreme power through the presidency and was amended in 1992 and 1998 during the power transition to Kim Jong-il. These amendments reflected changes in domestic and foreign policy, focusing on power succession and economic revival. After Kim Il-sung's death in 1994, Kim Jong-il solidified his power regime through the constitutional amendment in 2009. This constitutional power structure laid the groundwork for Kim Jong-un's succession.

Amendments to the Socialist Constitution in the Kim Jong-un Era

Following the unexpected passing of Kim Jong-il on December 17, 2011, Kim Jong-un, despite his youth, quickly allayed fears about the succession of power and solidified a stable regime. Over the span of more than ten years, his decisive leadership has been mirrored in six constitutional amendments up to 2023. Let's take a concise look at the nature of these amendments under Kim Jong-un's rule.

First, in the 2012 amendment, the constitution was renamed from 'Kim Il-sung Constitution' to 'Kim Il-sung-Kim Jong-il Constitution,' mirroring the practice during Kim Jong-il's reign of honoring Suryong Kim Il-sung. The title of the National Defense Commission's chairman was modified to first chairman. This mirrored the 1998 removal of the state presidency post, coinciding with Kim Il-sung's elevation to 'Eternal President' and the subsequent bolstering of the National Defense Commission chairman's role. Additionally, the constitution’s preamble was revised to openly declare North Korea as a nuclear state, thereby asserting the justification and necessity of its nuclear development.

Second, the 2013 amendment symbolized the eternal life of Suryong and the Kumsusan Palace of the Sun, reflecting the 12-year compulsory education system. The Kumsusan Palace of the Sun Law was enacted, and the constitutional amendment aligned the education system reform with the constitution.

Third, the 2016 amendment, following the 7th Congress of the Workers' Party of Korea, expanded the foundation of the firm Kim Jong-un power regime. It abolished the National Defense Commission and its first chairman system, transitioning to the President of the State Affairs. The President of the State Affairs Commission was granted extensive authority, including guiding the nation's overall affairs, appointing and dismissing key officials, declaring a state of emergency and mobilization orders, etc. The change in nomenclature from national defense to state affairs signified a shift to a normal state system.

Fourth, the April 2019 amendment firmly established the Kim Jong-un power regime. The President of the State Affairs Commission was designated as the highest leader representing the nation (Article 100), granting him not only the status of a 'de facto head of state' but also that of a 'diplomatic head of state.' The term 'Songun (military-first politics)' was removed, and the President of the State Affairs Commission's military status was changed from 'supreme commander of all the republic's forces' to 'commander-in-chief of the republic's forces.' This institutionalized the shift from military-first to party-first in the power structure. Additionally, recent economic situations led to the abolition of the economic management methods of the Chongsan-ri spirit and method, principles set by Kim Il-sung in 1961, and specifying the 'socialist corporate responsibility management system' as the national economic management method. Emphasizing the expansion and development of foreign economic relations is noteworthy.

Fifth, the August 2019 amendment strengthened the status and powers of the President of the State Affairs Commission, enhancing the state power system centered around the State Affairs Commission. Firstly, it legally reinforced the President of the State Affairs Commission by separating it from the deputy position of the Supreme People's Assembly. The President of the State Affairs Commission, while not holding a deputy position in the Supreme People's Assembly, was granted powers to promulgate laws and important decrees of the Supreme People's Assembly and the State Affairs Commission and appoint or recall diplomatic representatives abroad. Additionally, the President of the State Affairs Commission took over the Supreme People's Assembly's law promulgation powers and the authority to appoint and recall diplomatic representatives, as well as the power to promulgate important decrees and decisions of the State Affairs Commission.

Sixth, the September 2023 amendment explicitly stated the improvement of the nuclear arsenal as a responsible nuclear-armed state (Article 58). Following the declaration of the nation's nuclear status in the constitution's preamble in April 2012, the completion of the national nuclear force in 2017, and the adoption of the nuclear force policy law specifying preemptive nuclear weapon use in September 2022, this emphasizes the constitutionalization of nuclear force policy.

Kim Jong-un Constitution: Its Characteristics and Prospects

The constitutional amendments in the Kim Jong-un era respond to changes in North Korea's domestic and international environment and policies. They exhibit the general meaning of constitutional amendments, resolving conflicts between reality and norms and aligning laws with the constitution. However, these amendments primarily focus on protecting the power regime. The President of the State Affairs Commission not only strengthens the position and authority of the highest leader but also aims to elevate the status of a normal state. Replacing Juche ideology and military-first politics with Kimilsungism–Kimjongilism, boldly deleting the absolute teachings of Kim Il-sung, and constitutionalizing the nuclear force policy demonstrate Kim Jong-un's strong power position. Emphasizing science and technology, expanding the status of intellectuals as sovereigns of the people, consider the changing phenomena in North Korean society and ultimately aim to expand the power regime.

Moreover, adopting pragmatic aspects of capitalism in the constitution and pursuing practicality to accommodate overall economic changes are being promoted for the revival and development of the North Korean economy. Policy changes like marketization measures and expansion of the scope of private ownership could positively affect the operational principles of cooperative farms and enterprises. However, the emphasis on people's welfare in accommodating changes in North Korea's people's economy cannot deny that it ultimately serves as a means to prevent deviation from the regime. Instead, enhancing laws to strongly punish anti-state and anti-regime activities through the control of anti-socialist ideas and culture is contradictory.

Constitutional changes in North Korea, driven more by the demands of the leadership than by the will of its citizens, highlight several critical issues. The Kim Jong-un regime is expected to keep modifying the constitution to align with its internal and external policy needs. The North Korean constitution is assessed as nominal and ornamental, with a disconnect between norms and reality and a disregard for the basic rights of North Korean citizens. However, it is important to maintain interest and guide the actual guarantee of the basic rights of citizens as stipulated in the North Korean constitution.