North Korean Economy Watch

Writing in the Asia Times…

A few days ago, a new session of the Supreme People’s Assembly – North Korea’s rubber-stamp parliament – was convened in Pyongyang. In most cases, such sessions do not attract much attention outside a tiny circle of the full-time Pyongyang watchers: few people would be excited by the sight of monotonously and tastelessly dressed men and women sitting in rows and raising their hands to signal their unanimous approval of the laws and resolutions that – as everybody understands – seldom bear any relation to reality.

However, this time observers suspected that something unusual was going to happen. The assembly’s last session took place in April, and was not supposed to meet again so soon. As we learned on June 7, parliament was convened to authorize (with the expected 100% approval rate) a major reshuffle of the North Korean leadership – and, judging by the urgency of gathering, this reshuffle was seen as a pressing matter.

A few days earlier, on June 3, the official North Korean wire agency reported that one day before, Yi Che-kang, the first deputy chairman of the ruling Korean Workers’ Party, had been killed in a traffic accident. The victim of a car crash was, formally speaking, second only to Dear Leader Kim Jong-il in the party hierarchy.

This news had to be suspicious: North Korea’s traffic is arguably the thinnest in Asia, but the country has a long tradition of traffic incidents taking the lives of high officials. The first such incidents occurred in the early 1970s, during the transition of power from the country’s founding father Kim Il-sung to his son.

Nowadays, the new dynastic transition is unrolling. In early 2009, after long delays and much hesitation, Kim Jong-il decided that his youngest son, Kim Jong-un, would become the next great leader of the country. So far, no reference to the “Young General” has appeared in the open media, but one can come across accolades to his greatness and superhuman wisdom in classified materials that are published for the benefit of officials (and distributed widely).

The events of the past week allow us to surmise how the power structure of North Korea will look like in the first years after Kim Jong-il’s death. It seems that North Korean political heavyweights have finally begun to prepare for the unthinkable – the demise of the Dear Leader.

The choice of Kim Jong-un as a heir designate serves, above all, the interests of the North Korean elite, so one can even suspect that the choice was somehow pushed on Kim Jong-il by his entourage. The “Young General” really is young, being merely 27 or 28 years old. Even North Korean propaganda mongers find this embarrassing, so they insist General Kim is in his early 30s.

The choice of such an exceptionally young candidate serves, above all, the interests of the old guard, Kim Jong-il’s own entourage. A young crown prince has no power base and no allies. Thus, even if he technically becomes the supreme leader, he will have no choice but to follow the advice of his father’s entourage, that is, people who are running the country now. He is doomed to become a puppet – at least for some while.

However, a weak crown prince will require an able prince regent. For the past few years, most Pyongyang watchers agreed that the most likely candidate to take such a position is Jang Song-taek, a brother-in-law of Kim Jong-il.

Born in 1946, he is 64 and hence young by the standards of North Korea, where a majority of the top leaders are in their 70s and 80s. The recent Supreme People’s Assembly session confirmed these speculations. At the session, Jang was appointed vice chairman of the National Defense Commission. The North Korean constitution stipulates that the chairman of this body is head of the state, and Kim Jong-il runs the country exactly in this capacity. Therefore, Jang officially became the second-placed person in the country.

The car incident that killed Yi Che-kang was also timely for Jang Song-taek. Yi was widely believed to be a rival of Jang. Now, with Yi dead, Jang seems to have no serious rivals left. The recent assembly session also appointed a new head of the North Korean cabinet. In North Korea, the prime minister is essentially a top technocrat, but it is still significant that this position went to Choe Yong-rim, who is rumored to be close to Jang.

Jang’s position remains precarious: Kim Jong-il is still the supreme leader, and in North Korea even blood connections with the highest family do not always secure a person from august wrath. In the past, family members have been exiled a number of times, and in one case a young relative of the Dear Leader was assassinated in Seoul, where he had defected. A few years ago, Jang Song-taek disappeared from public sight for a year, and he is widely believed to have spent this time in exile.

At any rate, the North Korean elite – with at least tacit approval of Kim Jong-il – began to work on the architecture of a post-Kim Jong-il regime. It seems that the future power structure will consist of Kim Jong-un, a much extolled Star of Revolution and Shining Comrade (or whichever flowery titles they will invent) who will essentially be a powerless puppet while real authority will dwell with a council of technocrats and generals presided over by Jang Song-taek. In all probability, it means that the death of Kim Jong-il will not bring about much change: for a while the country will be steered by the same people who have been running it for the past two or three decades.

However, power transitions do not always go as intended. To start with, Kim Jong-un’s personality cult is still in its infancy, and it will take few years to develop it to the usual North Korean levels. We are yet to see pages of all newspapers filled with countless stories of the “Young General’s benevolence”. However, before the personality cult is developed enough, not only Kim Jong-un’s position but the entire system will remain insecure. We do not know whether Kim Jong-il and his old guard have enough time at their disposal: at the latest Supreme People’s Assembly session the Dear Leader did not look particularly well.

It is also possible that after Kim Jong-il’s death some cracks in the top leadership, now invisible, will lead to intense infighting and thus undermine the cohesion that is essential for the stability of the system.

And even if the transition goes smoothly enough, the resulting system will remain inherently unstable. Kim Jong-un might be young, inexperienced and compliant now, but he will get stronger and wiser, and in all probability will not be too happy about the control of the old dignitaries. Many young kings ended up challenging and removing their regents.

On the other hand, the likely members of the future regent council are quite old, with an average age of 75 or so, hence in a decade many of the present-day top dignitaries will be dead from natural causes (and, perhaps a car crash or two).

Finally, Jang Song-taek might be tempted into assuming all power for himself. Nasty things are known to have happened to young crown princes in the past – from food poisoning to riding incidents and, perhaps, even good old car crashes.

But, whatever happens, the first days of June saw the contours of post-Kim Jong-il North Korea emerge.

Read the full story below:
Son rising for a post Dear Leader era
Asia Times
Andrei Lankov
6/16/2010

According to Yonahp:

North Korea will open its rubber-stamp parliament for the second time in less than two months, a session analysts say is likely to be joined by leader Kim Jong-il who recently returned from a trip to China amid rising tension on the Korean Peninsula.

The communist state’s official media reported Tuesday the Supreme People’s Assembly (SPA) will convene on June 7, exactly a month after Kim returned from his summit meeting with Chinese President Hu Jintao in Beijing.

The last session, which was skipped by Kim, convened on April 9.

The 687-member assembly has not opened twice in one year since 2003. Even then, each session was held by a separate group of representatives, a Unification Ministry official here said.

“The (South Korean) government will closely monitor the upcoming session,” the official said, asking not to be named.

“This should be seen as an extraordinary session at an extraordinary time,” Paik Hak-soon, a North Korea researcher at the Sejong Institute, said. “Kim will likely be present to oversee it.”

Paik was referring to heightened tensions between the divided Koreas since a South Korean warship sank on March 26 near the western sea border with North Korea.

A ranking South Korean defense official said Tuesday investigators have found evidence that points to a North Korean attack on the 1,200-ton Cheonan. Forty-six of the ship’s crew members died when the ship split in half.

“The parliament will also declare its support for economic cooperation projects Kim has brought from China,” Paik said, adding that North Korea fears sanctions on it will tighten if Seoul and Washington conclude Pyongyang is to blame for the ship sinking.

Baek Seung-joo, a researcher from the Korea Institute for Defense Analyses, said Kim is likely to call for support for a power succession that has been secretly underway in Pyongyang.

“This will be much focused on domestic politics,” Baek said, discounting the significance of the meeting between the North Korean and Chinese leaders.

“We may see clear moves that indicate Kim’s third son is rising up the ladder,” he said, adding the ship sinking is unlikely to be a major topic as Pyongyang has already denied any link to the incident.

Pyongyang held its first session of the newly elected SPA last year, reappointing leader Kim Jong-il to another five-year term as head of the National Defense Commission, the highest seat of power.

A member of the 13-man commission was retired earlier this month due to his age, and Baek said that opens up room for a cascade of reshuffles that can help pave the way for a power transfer.

The coming session also comes as North Korea remains reluctant to return to stalled six-party talks on its nuclear weapons programs.

Pyongyang says it will rejoin the aid-for-denuclearization talks only if Washington agrees to launch separate talks toward a peace treaty to formally close the 1950-53 Korean War and the United Nations lifts its sanctions on the country.

The six-nation talks include the two Koreas, the U.S., China, Russia and Japan. Kim pledged to work with China to create “favorable conditions” for their resumption in his summit meeting in China, but Seoul and Washington say it depends on the outcome of the investigation into the ship sinking.

Cho Myung-chul, a North Korea researcher at the Korea Institute for International Economic Policy in Seoul, said the SPA may issue a statement denouncing any South Korean or U.S. moves linking the sinking to the North.

He noted that the U.S. Senate last week passed a resolution calling for a thorough probe of the incident, while South Korea will announce the results of a multinational investigation later this week.

“The SPA may announce measures and warning against South Korea and the United States,” Cho said.

Read the full story here:
N. Korea unexpectedly calls rubber-stamp parliament into session
Yonhap
Sam Kim
5/18/2010

According to KCNA:

Report on Implementation of 2009 Budget and 2010 Budget
 
Pyongyang, April 9 (KCNA) — Deputy Pak Su Gil, vice-premier and minister of Finance, delivered a report on the results of the implementation of the DPRK state budget for last year and its state budget for this year at the 2nd Session of the 12th Supreme People’s Assembly held on Friday.

According to the report, the state budget for last year was successfully implemented and, as a result, the state budgetary revenue was overfulfilled 1.7 per cent, an increase of 7 per cent over the previous year.

Ministries, national institutions, management bureaus and complexes overfulfilled the national plans for budgetary revenue and all provinces, cities and counties across the country also overfulfilled their plans for local budgetary revenue.

Last year’s plan for state budgetary expenditure was carried out at 99.8 per cent.

An investment from the state budget was focused on the development of metal industry while a huge financial allocation was made for the power and coal industries and the railway transport.

8.6 per cent more funds than the previous year were spent for capital construction and expenditure was increased for agriculture and light industry.

A 7.2 per cent greater financial disbursement than the previous year was made for the field of science and technology, surpassing the level of the latest science and technology in domains of space technology, nuclear technology and CNC technology and putting the key industries of the national economy on a high scientific and technological basis.

A large amount of fund went to the field of cultural construction and 15.8 per cent of the total state budgetary expenditure was spent for national defence.

The reporter said that the scale of revenue and expenditure in the state budget for this year has been set on the principle of improving the people’s standard of living to meet the requirements of the policy of the Workers’ Party of Korea on conducting a great offensive to bring about a decisive turn in the above-said work.

This year’s plan for state budgetary revenue is expected to grow 6.3 per cent over last year. The revenue from the profits of state enterprises, the main source of state budgetary revenue, is expected to go up 7.7 per cent over last year, that from the profits of cooperative organizations 4.2 per cent, that from the fixed asset depreciation 2.5 per cent, that from real estate rent 2 per cent and that from social insurance 1.9 per cent.

This year’s plan for state budgetary expenditure is expected to show an 8.3 per cent increase over last year.

The spending for the light industry is expected to go up 10.1 per cent, that for agriculture 9.4 per cent and that for metal, power and coal industries and railway transport 7.3 per cent as compared with last year.

The expenditure for the machine-building industry is expected to go up and an 8.5 per cent bigger financial allocation will be made for scientific researches and the introduction of new technologies.

A 6.2 per cent bigger financial disbursement than last year is expected to be made to more successfully enforce the popular policies, a proof of the advantages of Korean-style socialism centered on the popular masses.

15.8 per cent of the total state budgetary expenditure for this year is expected to be spent for national defence.

It is expected that a large amount of educational aid fund and stipends will be sent for the children of Koreans in Japan this year, too.

In order to successfully implement this year’s state budget, all domains and units of the national economy should work out enterprising and realistic business strategy and management strategy and tenaciously carry them out by relying on a high degree of mental power of the producer masses and thus fulfill the plans for budgetary revenue without fail, stressed the reporter.

And according to the Choson Ilbo:

North Korean leader Kim Jong-il can freely dispose of 20 percent of his country’s budget, a former secretary of North Korean Workers’ Party has said that. Hwang Jang-yop told the Asahi Shimbun, “Only 30 percent of the budget is spent on public services, while 50 percent is earmarked for military spending.” Hwang defected to South Korea in 1997.

Hwang was interviewed by the daily during his visit to Japan on April 4-8. “Kim Jong-il’s dictatorship is 10 times worse than his father’s. People have a painful life,” he said.

Asked if the North is likely to abandon its nuclear weapons program, he said, “There is no such possibility. But the North won’t use the weapons. They’re a means to maintain the regime.”

To the question why Kim’s eldest son Jong-nam was passed over for the succession, he said, “At first, Kim Jong-il thought of choosing his eldest son as his successor. But he seems to have changed his mind as he fell in love with Ko Young-hee, the mother of Jong-un, his third son, after Jong-nam’s mother Song Hye-rim died.”

Commenting on the North’s bizarre abductions of Japanese citizens in the 1970s and 80s, he said, “The North needed native Japanese to train agents who would work in Japan.”

Read the full story here:
Kim Jong-il ‘Gets 20% of N.Korea’s Budget for His Own Use’
Choson Ilbo
4/12/2010

UPDATE 1: Here is what KCNA had to say:

SPA of DPRK Meets

Pyongyang, April 9 (KCNA) — The 2nd Session of the 12th Supreme People’s Assembly of the DPRK was held at the Mansudae Assembly Hall Friday.

It was attended by deputies to the SPA.

Officials of Party, armed forces and power organs, public organizations, ministries and national institutions and those in the fields of science, education, culture and arts, public health and media attended it as observers.

The session discussed the following agenda items: “1. On the work of the DPRK Cabinet in Juche 98 (2009) and its tasks for Juche 99 (2010)”, “2. On the results of the implementation of the DPRK state budget for Juche 98 (2009) and its state budget for Juche 99 (2010)”, “3. On the adoption of the ordinance of the DPRK Supreme People’s Assembly ‘On revising some provisions of the DPRK Socialist Constitution'” and “4. Organizational matter”.

Deputy Kim Yong Il, premier of the Cabinet, in a report on the first agenda item said that last year the indomitable mental power of all the people of the country and production potential were fully displayed and, as a result, the gross industrial output value markedly grew as compared with that in 2008. This year the Cabinet will boost the production of consumer goods and grain by leaps and bounds by putting spurs to the development of light industry and agriculture once again and reenergize the overall production by giving definite priority to the production of electricity, coal, iron and steel and railway transport and, at the same time, energetically organize and conduct the campaign for a great surge with main emphasis on stepping up the technological upgrading and modernization of the national economy, he added.

Deputy Pak Su Gil, vice-premier of the Cabinet and minister of Finance, in a report on the second agenda item said that last year’s state budget revenue was overfulfilled 1.7 percent and the state budgetary expenditure was implemented at 99.8 percent.

He noted that the plan for state budgetary revenue for this year is expected to increase 6.3 percent over last year while the plan for state budgetary expenditure is expected to grow 8.3 percent.

Speakers at the session pointed out that the Cabinet’s work last year and the implementation of its state budget were properly reviewed and summed up, this year’s tasks were clearly laid down and its state budget was correctly shaped. They expressed full support and approval of them.

They manifested their resolution to successfully put into practice the Party’s intention and idea of augmenting the country’s political and military potentials in every way and bringing about a dramatic turn in improving the people’s standard of living in this significant year marking the 65th anniversary of the founding of the Worker’s Party of Korea.

The session adopted the decision of the SPA of the DPRK “On approving the report on the work of the DPRK Cabinet and the results of the implementation of the DPRK state budget for Juche 98 (2009)” and the ordinance of the SPA of the DPRK “On the DPRK state budget for Juche 99 (2010).”

Also adopted there was the ordinance of the DPRK Supreme People’s Assembly “On revising some provisions of the DPRK Socialist Constitution”.

Deputy Pyon Yong Rip was elected secretary general of the Presidium of the SPA to fill vacancy and Deputy Jang Pyong Gyu was appointed as director of the Supreme Public Prosecutors Office at the session.

ORIGINAL POST: We still don’t know exactly what happened, but  below is some information from the meeting.

According to the New York Times:

North Korea’s rubber-stamp legislature convened Friday in the capital, Pyongyang, offering few hints of a major policy shift despite a growing desperation for economic recovery.

The country’s ailing leader, Kim Jong-il, did not show up at the Supreme People’s Assembly, igniting speculation about his health and whereabouts. His absence from the assembly, although not unusual, followed some unconfirmed news reports in South Korea in the past week that he might already have embarked on a clandestine trip to China to win needed aid. South Korean officials questioned those reports, though they had earlier predicted that he might soon visit China, the North’s last remaining major ally.

Outside analysts have been closely monitoring Mr. Kim’s absences or appearances in major state affairs since his 2008 stroke fueled speculation on how long he could stay in power. Mr. Kim, 68, is now struggling with North Korea’s deepening economic woes while preparing to hand over power to a son.

On Friday, the legislative session adopted a second constitutional revision in a year, the country’s state-run news agency, KCNA, reported without providing details. The South Korean news agency Yonhap speculated that the amendment might be intended to help the transfer of power from Mr. Kim to his third son, Kim Jong-un, 27.

Others doubted it.

“I think it may have more to do with the economy or a minor readjustment of the Constitution,” said Kim Yong-hyun, a North Korea expert at Dongguk University in Seoul.

The gatherings of legislators in the North provide outside officials and analysts with a rare opportunity to seek clues to North Korean policies and any changes in its leadership hierarchy.

Kim Jong-il, who is also a legislator, has often skipped the sessions. But he used the meeting last year to demonstrate that he was still in charge despite having suffered a stroke in 2008. After months of being out of sight, he entered the parliamentary hall to the thunderous applause of loyal members, though he looked gaunt and limped slightly.

At the time, the assembly approved the first constitutional revision in 11 years to make one of Mr. Kim’s several official titles — chairman of the National Defense Commission — the supreme ruling post in North Korea. The move reconfirmed his already absolute grip on power.

Analysts had said that the session this year was most likely to focus on reviving North Korea’s moribund economy, a goal the nation had set at the start of the year.

On Friday, KCNA reported that the session passed a budget for the year that promised a 10.1 percent increase in spending for consumer goods industries and a 9.4 percent increase for agriculture.

North Korean reports on Friday’s session made no reference to the country’s tricky relations with South Korea and the United States. But the country’s Foreign Ministry reiterated that the North would continue to build and modernize nuclear weapons.

An unidentified spokesman of the ministry told KCNA that North Korea was willing to “denuclearize the Korean Peninsula” — but only if the United States abandoned its “hostile policy” toward the North.

According to AFP (via Asia One):

North Korea’s rubber-stamp parliament at its annual meeting Friday will focus on ways to improve living standards after a bungled currency change sparked widespread public anger, analysts said.

Members of the Supreme People’s Assembly (SPA) are effectively chosen by the ruling communist party, and they endorse the bills it puts forward without serious debate.

But the day-long session indicates the secretive regime’s priorities and any changes to the line-up among the ruling elite.

Yang Moo-Jin of Seoul’s University of North Korean Studies said legislators would approve institutional and personnel changes to bolster leader Kim Jong-Il’s power and prepare for the eventual succession of his third son Jong-Un.

The North is apparently moving to put the national police agency under the direct control of the National Defence Commission headed by Kim, he said.

It was unclear whether the leader would attend the meeting, as he did last year – looking frail and gaunt after a reported stroke.

Since then the regime has been grappling with serious food shortages and tougher UN sanctions imposed to curb its missile and nuclear ambitions.

The currency revaluation last November 30 wa

Institute for Far Eastern Studies (IFES)
NK Brief No.09-12-21-1
12/21/2009

The Korean Central Broadcasting Station (KCBS) announced on December 16 that the North Korean Supreme People’s Assembly Standing Committee has revised the North’s Real Estate Management Law, the Commodities Consumption Level Law, the General Equipment Import Law, and other laws related to economic management. This on the heels of the November 30th announcement, when authorities announced across-the-board currency reform measures, apparently in an attempt to regain control of the country’s market economy.

The KCBS reported that the Real Estate Management Law “regulates fundamental issues of real estate registration and inspection, use, and payment of user fees,” but offered no further details.

Since 2006, North Korean authorities established new offices in each city, county, and region throughout the country. These offices were responsible for surveying property, occupied and vacant, claimed by organizations and businesses, as well as recording the size of each structure on these lands.

In the mid-1990s, with the onset of serious food shortages, food rations to workers were halted and North Korean authorities from every branch and level (including the military, railway, business enterprises) were encouraged to distribute foodstuffs in ways more beneficial to themselves. These authorities planned to resolve food distribution issues through agricultural moves.

The new Real Estate Management Law appears to be aimed at labeling land used for private purposes as strategic nationalized land and strengthening the state’s ability to collect real estate taxes. However, the broadcaster failed to explain in detail how this restructuring would occur.

By enacting the Commodities Consumption Level Law, North Korean authorities can control the basis at which goods are injected into each production sector. This appears to be in preparation for taking cost-reduction measures for enterprises related to production in each region. The broadcaster explained that there were legal demands for the enactment and enforcement of regulations on the level of consumption.

The General Equipment Import Law newly regulates import plans, contracts, and the use of goods by factories, schools, hospitals, ships and broadcasters in an effort to control quality. In each sector, the measure prevents double-investment and controls consumption competition.

As these economic control measures are focused on factories and other bases of production along with importers, it appears that, in conjunction with the recent currency reform, North Korean authorities are attempting to control production quality on all levels. For example, as the North is suffering ongoing supply difficulties due to a lack of materials, the law on consumption levels is an attempt to restrict goods by forcefully managing demand. The law on imports appears to be in an effort to regulate general-use goods in light of the increased reliance on foreign equipment.

Peking Review, Vol. 4, No. 28, p.5.
Transcribed/HTML: Max, B. and Mike B.
(h/t Northeast Asia Matters)

July 11, 1967

The Chairman of the People’s Republic of China and the Presidium of the Supreme People’s Assembly of the Democratic People’s Republic of Korea, determined, in accordance with Marxism-Leninism and the principle of proletarian internationalism and on the basis of mutual respect for state sovereignty and territorial integrity, mutual non-aggression, non-interference in each other’s internal affairs, equality and mutual benefit, and mutual assistance and support, to make every effort to further strengthen and develop the fraternal relations of friendship, co-operation and mutual assistance between the People’s Republic of China and the Democratic People’s Republic of Korea, to jointly guard the security of the two peoples, and to safeguard and consolidate the peace of Asia and the world, and deeply convinced that the development and strengthening of the relations of friendship, co-operation and mutual assistance between the two countries accord not only with the fundamental interests of the two peoples but also with the interests of the peoples all over the world, have decided for this purpose to conclude the present Treaty and appointed as their respective plenipotentiaries:

　　　The Chairman of the People’s Republic of China: Chou En-lai, Premier of the State Council of the People’s Republic of China.

　　　The Presidium of the Supreme People’s Assembly of the Democratic People’s Republic of Korea: Kim Il Sung, Premier of the Cabinet of the Democratic People’s Republic of Korea,

Who, having examined each other’s full powers and found them in good and due form, have agreed upon the the following:

Article I

The Contracting Parties will continue to make every effort to safeguard the peace of Asia and the world and the security of all peoples.

Article II

The Contracting Parties undertake jointly to adopt all measures to prevent aggression against either of the Contracting Parties by any state. In the event of one of the Contracting Parties being subjected to the armed attack by any state or several states jointly and thus being involved in a state of war, the other Contracting Party shall immediately render military and other assistance by all means at its disposal.

Article III

Neither Contracting Party shall conclude any alliance directed against the other Contracting Party or take part in any bloc or in any action or measure directed against the other Contracting Party .

Article IV

The Contracting Parties will continue to consult with each other on all important international questions of common interest to the two countries.

Article V

The Contracting Parties, on the principles of mutual respect for sovereignty, non-interference in each other’s internal affairs, equality and mutual benefit and in the spirit of friendly co-operation, will continue to render each other every possible economic and technical aid in the cause of socialist construction of the two countries and will continue to consolidate and develop economic, cultural, and scientific and technical co-operation between the two countries.

Article VI

The Contracting Parties hold that the unification of Korea must be realized along peaceful and democratic lines and that such a solution accords exactly with the national interests of the Korean people and the aim of preserving peace in the Far East.

Article VII

The present Treaty is subject to ratification and shall come into force on the day of exchange of instruments of ratification, which will take place in Pyongyang. The present Treaty will remain in force until the Contracting Parties agree on its amendment or termination. Done in duplicate in Peking on the eleventh day of July, nineteen sixty-one, in the Chinese and Korean languages, both texts being equally authentic.
(Signed)
CHOU EN-LAI
Plenipotentiary of the
People’s Republic of China

(Signed)
KIM IL SUNG
Plenipotentiary of the
Democratic People’s Republic of Korea

Institute for Far Esatern Studies (IFES)
NK Brief No. 09-22-1
9/22/2009

In order to meet the goal of building a ‘Strong and Prosperous Nation’ by the year 2012, North Korean authorities are reshuffling some positions within the Cabinet, which is its ‘Economic Headquarters’. During the first session of the 12th Supreme People’s Assembly (SPA) last April, Kim Jong Il launched his third regime, and now less than 6 months later, is restructuring the Cabinet. For example, the National Science and Technology Council, which was merged into the Cabinet Academy of Science (now the National Academy of Science) in 1998, has been re-established.

North Korean media briefly reported on the 19th that the SPA Standing Committee brought out the “Democratic People’s Republic of Korea National Science and Technology Council” through the announcement of Government Ordinance # 301. The press did not follow up with specifics concerning the announcement, but the recent position of North Korean authorities that “without scientific and technological development, there is no independence, no national defense, and no economy,” it appears that the recent cabinet order is related to attempts by the North to strengthen its economy.

The first National Science and Technology Council established in the North was created in 1962, and was intended to support the national defense industries. The Academy of Science, which had been established 10 years prior, was put under the control of the council, and the council was responsible for the creation and implementation of a national science and technology plan, as well as for providing guidance over research activities. However, as the North’s level of science and technology improved, the council, which was not made up of experts on science and technology, was unable to appropriately guide the research carried out by the academy. In 1982, the academy was separated from the council, and its status was boosted to that of an independent entity.

North Korea is currently in its 3rd 5-year plan to “develop new national science and technologies” by 2012. Currently, North Korea is prioritizing the modernization of factories, enterprises and other industries, and Kim Jong Il has stressed modernization and the introduction of vanguard technologies during his on-site inspections of the nation’s economic facilities. Therefore, it appears that the newly established National Science and Technology Council will be responsible for overseeing cooperation between mechanical and chemical industries and the modernization of the industrial sector, while the National Academy of Science will focus purely on research.

Institute for Far Eastern Studies (IFES)
IFES Forum No. 09-8-18-1
Choi Eun-suk, Research Professor, IFES, Kyungnam University
8/18/2009

Detention of U.S. Journalists

Korean-American Euna Lee (Lee Seung-eun) and Chinese-American Laura Ling, reporters for the U.S.-based Current TV, were detained by North Korean soldiers on March 17, 2009 while near the Tuman River border between North Korea and China. On June 8, the Central Court, the highest court in North Korea, sentenced each of the two to an unprecedented 12 years of ‘Reform through Labour.’ However, after less than two months, a visit by former U.S. President Bill Clinton on August 4 led to the ‘special pardon’ of the two women, bringing a relatively swift conclusion to their plight.

What laws were enforced against the two American reporters? North Korean criminal code article 69 (Jo-seon-min-jok-Jeok-dae-joi, or literally, Korean Nation Antagonism Crime) states, “If a foreign person resides abroad with the intention of antagonizing Korea or injuring the body or assets of a sojourning Korean, or if national discord arises, they shall be faced with a sentence of more than 5 and less than 10 years of Reform through Labour (Ro-dong-Ky-ohwa-hyeong). In serious circumstances, [the person] faces a sentence of more than 10 years Reform through Labour.” Criminal Law article 233 (Illegal Border Crossing) dictates that “A person illegally crossing the national border faces less than 2 years of labor discipline (Ro-dong-dan-ryeon-hyeong). In serious circumstances, [the person] faces less than 3 years of reform through labour (Rodong Kyohwa-hyeong).

North Korea’s Criminal Procedures and the Accused’s Right to Council

The North Korean legal system maintains a 3-tier, 2-trial system. That is, the courts are divided into three levels, but actually, trials may only be heard twice. However, in the case of the two reporters, the trial was directly handled by the Central Court, meaning that only one trial would be held, and there was, of course, no chance to appeal.

Examining the North’s judicial system and criminal law, one can see that the DPRK constitution divides power among the Central Court, Provincial Courts, People’s Courts, and Special Courts (Constitutional Law, article 153). In addition, according to North Korea’s Criminal Procedure Law, the Central Court was established in order to handle appeals when verdicts handed out by lower courts were challenged (Criminal Procedure Law, article 129, clause 1), and it was designated the supreme court in the North Korea (Constitutional Law, article 161). The law also allows for the direct intervention of the Central Court, or for a case to be sent to a court on the same level or of the same kind as the court giving the initial verdict (Criminal Procedure Law, article 129, clause 2). Furthermore, according to the system established by these codes, after a case is opened in one of these courts, it must be completed within 25 days (Criminal Procedure Law, article 287). In the case of the two American reporters, the prosecution received notice of their charges on May 14, meaning that if they were to be prosecuted, the trial would have to have been completed by June 7.

When the Central Court holds the initial hearing in a prosecution, there are two possibilities for retrial. Only “in the event that it becomes known that the evidence upon which a decision is based was false,” or, “facts become known that could influence a decision and that were not known at the time of the trial,” can a Central Court case be reheard (Criminal Procedure Law, article 409). The decision to retry is in the hands of the North’s judicial authorities, meaning that it would have been difficult to find a route to appeal or retrial for the two reporters.

The verdict in an initial trial is decided by a judge and two civilian jurors, although in special cases a panel of three judges is allowed (court organization law, article 9). Any North Korean citizen with the right to vote can be a judge or civilian juror (Court Organization Law, article 6), and judges and jurors are chosen through democratic elections (Court Organization Law, article 4). A criminal case in North Korea follows a process of investigation, pretrial hearing, indictment, and trial (in that order). A detention order must be signed by a public prosecutor within 48 hours of a suspect’s arrest, and charges must be filed within 10 days (Criminal Procedure Law, article 144, clause 1).

The two reporters were apprehended March 17, and were not transferred to the court until May 14, almost two months later. According to North Korean law, a preliminary hearing must be held within two months of opening a pre-trial investigation (Criminal Procedure Law, article 151, clause 1). If investigators want to extend the investigation period, they must receive permission from a public prosecutor, and then can only extend the investigation for an additional two months (Criminal Procedure Law, article 152). Charges of crimes against the state or against the nation are investigated by the State Security Department (Criminal Procedure Law, article 124). In the case of Lee and Ling, investigators did not apply for an extension, and handed the case over to the courts within the allowed two-month period.

The North Korean constitution guarantees a public trial and the guaranteed the right of defense, although in some cases courtrooms are allowed to be closed (Constitutional Law, article 158). The constitution also guarantees that a foreigner will be able to speak in their native tongue during a hearing (Constitutional Law, article 159). A defendant has the right to choose their legal counsel, and that choice can include family members or a representative from work (Criminal Procedure Law, article 108), as well as the freedom to waive their right to council (Criminal Procedure Law, article 109). The right to choose one’s lawyer is directly related to one’s basic freedoms. In the case of the two American reporters, Laura Ling retained council, while Euna Lee chose not to be represented or give any statement.

The North Korean Central Court sentenced Lee and Ling to ten years of reform through labour for ‘Korean Nation Antagonism Crime’ (Criminal Law, article 69) and an additional four years for illegally crossing into the country (Criminal Law, article 233). However, in the North, in the case of multiple charges, the sentence for the more minor charge is halved, then added to the sentence of the more serious offence, meaning a 12-year sentence for the two reporters. This sentence was to begin within 10 days of the verdict. North Korean law dictates that reform through labour be carried out in reform institution (Judicial Conduct Law, article 25). When a defendant is sentenced, they are to be sent to a reform institution within 10 days, along with a copy of the court’s decision, detention orders, and all other relevant paperwork (judicial conduct law, article 33). This, in a nutshell, is the North Korean legal system, from arrest to starting to serve a sentence.

Kim Jong Il’s Power of Pardon and the Release of U.S. Journalists

When North Korea released the two U.S. reporters, the government claimed to do so based on its “humanitarian and peace-loving policy,” and stated that former President Clinton’s visit deepened understanding and helped to build trust between Washington and Pyongyang. This was an interesting use of Kim Jong Il’s power of pardon. It appears that last April, at the first session of the 12th Supreme People’s Assembly, there was a constitutional revision that transferred the ability to grant pardons from the SPA Presidium to the Chairman of the National Defense Commission (NDC). According to a ‘report’ of Clinton’s visit released by North Korean authorities on August 5, “In accordance with the Socialist Constitution Article 103, pardon is granted to two U.S. reporters sentenced to reform through labour; the Chairman of the National Defense Commission of the Democratic People’s Republic of Korea passed down the order for [their] release.”

After the previous constitutional revision, coinciding with the launch of the Kim Jong Il regime in September 1998, article 103 clause 5 specified the duties and powers of the chairman of the NDC, but there was no mention of the ability to pardon. However, article 110, clause 17, which defines the duties and powers of the SPA Presidium, states that it “exercises the right to grant general amnesties or special pardon.” In the past, when pardons were granted on national holidays or in conjunction with other important events, they were done so in the name of the SPA Presidium. North Korea has yet to publicize what constitutional changes were made in April, but with the release of the two Americans in the name of Kim Jong Il, it can be seen that the ability to grant general amnesty has been transferred to the NDC chairman. Earlier, on May 22, the Japanese newspaper Nikkei (日本經濟新聞) quoted members of a delegation from the Economic Research Institute for North East Asia (ERINA) as saying that their North Korean counterparts had explained that the power to ratify and nullify treaties, to grant amnesty, and to issue announcements in times of emergency had been transferred to the chairman of the NDC.

After 142 days, Euna Lee and Laura Ling have finally returned to their families.

Kim Jong il sets sights on increasing processed food rationing in order to improve the daily lives of the people
Institute for Far Eastern Studies (IFES)
NK Brief No. 09-8-10-1
8/10/2009

North Korean authorities, recognizing that rationing of processed foods is directly linked to the daily lives of the residents of North Korea, are concentrating on a policy of increasing distribution as part of the campaign to build a ‘Strong and Prosperous Nation’ by 2012. The policy calls for the construction of regional food processing facilities throughout the country and using domestic ingredients for all processed foods. In addition, the government plans to undertake diversification of small-scale factories in order to produce soybean paste, soy sauce, cooking oil and other staples, as well as noodles, rice-cake and other foods, all kinds of side dishes, and alcoholic beverages.

This movement was announced in concurrence with Kim Jong Il’s visit to the Samilpo Special Products Factory and Store, both run by the military, on April 7, just two days after the North’s launch of a long-range rocket. This factory, on the bank of the Daedong River, produces over 350 kinds of edibles, including noodles, rice-cakes, oil, sweets, alcoholic drinks, processed meats and fish products. During his visit, Kim Jong Il is said to have stated, “Today, I am happier than during the launch of the Kwangmyeongseong 2,” emphasizing his interest in boosting food production.

On July 15, (North) Korean Central Broadcasting announced the formation of construction offices in Jagang, North Pyongan and other provinces to oversee the building of food production complexes, and the dispatch of “shock troops” to bolster construction efforts.

Recently, the construction of large-scale factories to produce foodstuffs out of each region’s local stock has been pursued in every province in the country. Even at the Cabinet level, a ’Production Workers’ Conference’ was held, bringing together responsible authorities and local production experts to discuss a course for quickly improving services provided to the general population.

In order to effectively implement the North’s policy of increasing rations of foodstuffs, the Standing Committee of the Supreme People’s Assembly issued an order to establish a Ministry of Foodstuff and Daily Necessities Industry.

As North Korea tries to implement this type of measure to boost production and rationing, failure to improve food shortage conditions and economic hardships while at the same time mobilizing the population in a drive to establish a Strong and Prosperous Nation has led to growing outcries among residents. North Korean authorities appear to be introducing these measures in order to placate these complaints.

Jang Song-taek, Kim Jong il’s brother in law, and his senior aid were promoted to the DPRK’s top governing body the National Defense Commission.  Jang was recently elected to the Supreme People’s Assembly last month. 

Of slightly less interest was the fact that Kim Jong il was reappointed to the National Defense Commission as well.

According to Yonhap, the Supreme People’s Assembly, which formally “elected” Kim and Jang to the NDC also unanimously voted to revise the DPRK’s constitution for the first time in 11 years.  They did not announce what those changes were intended to be.

This session of the Supreme People’s Assembly saw the first video appearance by Kim Jong il since last summer when he is reported to have suffered a stroke.

And according to IFES, the SPA approved the state budget:

DPRK sets 2009 budget at USD$3.45 billion
Institute for Far Eastern Studies (IFES)
NK Brief No. 09-4-13-1
2009-04-13   

On April 9, North Korea opened the first session of the 12th Supreme People’s Committee, at which this year’s budget, 5.2 percent larger than that of last year, was passed. Pyongyang set the 2009 budget at 482.6 billion Won (1 USD=140 Won).

At this meeting, North Korea’s newly appointed Minister of Finance Kim Whan-su reported on last year’s budget and introduced the spending plan for 2009. While details were not revealed, it was noted that the overall budget had grown by 5.2 percent, with expenditures up 7 percent. The 2008 budget had been set at 451.5 billion won. It was also reported that last year’s spending was 1.6 percent over-budget, but that 99.9 percent of budgeted expenditures had been carried out.

Minister Kim reported that taxes from Chinese enterprises and related national businesses had grown by 5.8 percent, and that cooperative organizations were up 3.1 percent, production earnings were up 6.1 percent, real estate income had grown 3.6 percent, and social insurance had brought in an addition 1.6 percent.

As for the expenditure plan, city administration was allotted an additional 11.5 percent, while mining of metal, coal, steal, and other natural resources was boosted by 8.7 percent, education received an additional 8.2 percent, public health care grew by 8 percent, farming was bumped by 6.9 percent, physical education by 5.8 percent, light industry by 5.6 percent, and cultural activities by 3.2 percent. National defense accounted for 15.8 percent of the overall budget, just as it did last year, meaning that 545 million USD will be put toward the military.

Kim explained that the 2009 budget was based on the idea of “reducing unproductive expenditures in order to find the utmost source of revenue to ensure perfect support for the funds necessary to strengthen national security, improve the lives of the people, and build an economically strong nation.”

At this meeting, Kim Jong Il was reappointed to the post of chairman of the national defense commission, and Kim Yong Nam was reaffirmed as the head of the Cabinet.