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National government of North Korea From Wikipedia, the free encyclopedia
In the North Korean government, the Cabinet is the administrative and executive body.[1] The North Korean government consists of three branches: administrative, legislative, and judicial. However, they are not independent of each other, but all branches are under the exclusive political leadership of the Workers' Party of Korea (WPK).[2]
 | This article needs additional citations for verification. (October 2013) |
Emblem of North Korea | |
| Formation | 9 September 1948 |
|---|---|
| Legislature | Supreme People's Assembly |
| Communist Party | |
| Party | Workers' Party of Korea |
| General Secretary | Kim Jong Un |
| Government | |
| Executive | State Affairs Commission Cabinet |
| President of State Affairs | Kim Jong Un |
| Cabinet Premier | Kim Tok-hun |
| Assembly Standing Committee Chairman | Choe Ryong-hae |
| Military | Korean People's Army |
| Supreme Commander | Kim Jong Un |
The leader must work through various agents and their institutions, which has the power to delay, modify, or even resist the leader's orders. These institutions may set the overall tone and direction for North Korea's foreign and domestic policy, make suggestions, offer policy options, and lobby Kim himself.[3]
The government is also confirmed by the Supreme People's Assembly (SPA). The Premier, who appoints three Vice Premiers and the government's ministers, heads the cabinet. The government is dominated by the ruling Workers' Party of Korea (WPK) and has been since North Korea's inception in 1948.
The Cabinet has the right to supervise and control the Local People's Committee (LPC,지방인민위원회) with regard to local economies and administration. As the State Administrative Council (SAC,정무원) was replaced by the Cabinet, the Local Administrative and Economic Committee (LAEC,지방행정경제위원회) was abolished and its functions regarding local politics transferred to the LPC. Under WPK former General Secretary Kim Jong Il, the cabinet's power was elevated to equal status with Workers' Party of Korea and Korean People's Army Ground Force (KPA).[4]
A party chief secretary no longer concurrently holds the post of LPC chairman, which has been taken over by a former LAEC chairman. Thus, the LPC is theoretically independent of the local party and is under the control of the Cabinet. The status of the LPC as the local executive organ, in principle, became higher than before.
The Economist Intelligence Unit listed North Korea in last place as an authoritarian regime in its 2012 Democracy Index assessing 168 countries.[5]
North Korea's judiciary is headed by the Central Court, which consists of a Chief Justice (판사) and two People's Assessors (인민참심원); three judges may be present in some cases.[6] Their terms of office coincide with those of the members of the Supreme People's Assembly. Every court in North Korea has the same composition as the Central Court. The judicial system is theoretically held accountable to the SPA and the Presidium of the SPA when the legislature is not in session.
The judiciary does not practice judicial review. The security forces so often interfere with the actions of the judiciary that the conclusion of most cases is foregone; experts outside North Korea and numerous defectors confirm this to be a widespread problem.[7] Freedom House states that, "North Korea does not have an independent judiciary and does not acknowledge individual rights...reports of arbitrary detentions, 'disappearances,' and extrajudicial killings are common; torture is widespread and severe".[8]
North Korea's fifth and current constitution was approved and adopted in September 1998, replacing the one previously adopted in 1972. The former constitution had last been amended in 1992. Under the new constitution, North Korea is a socialist state representing the interests of all the Korean people.[9] Criminal penalties can be stiff; one of the basic functions of the system is to uphold the power of the regime. Because so little information is available concerning what actually occurs inside of the country, the extent to which there is any rule of law is uncertain. In any case, North Korea is known for its poor human rights situation and regularly detains thousands of dissidents without trial or benefit of legal advice. According to a US Department of State report on human rights practices, the government of North Korea often punishes the family of a criminal along with the perpetrator.[7]
The Workers' Party of Korea is organized according to the Monolithic Ideological System and the Great Leader, a system and theory conceived by Kim Yong-ju and Kim Jong Il. The highest body of the WPK is formally the Congress, which last convened as the 7th Congress of the Workers' Party of Korea in May 2016. Although the WPK is (in theory) organizationally similar to communist parties, in practice it is far less institutionalized and informal politics plays a larger role than usual. Institutions such as the Central Committee, the Secretariat, the Central Military Commission (CMC), the Politburo and the Presidium have much less power than that formally bestowed on them by the party's charter. Kim Jong Un is the current General Secretary of the WPK.
Relatively compared with other institutions of North Korea, the WPK remains to be the most ideological and views itself as the defender of the revolutionary way by emphasizing sovereignty and nationalism, as well as its commitment to a socialist ideology. Therefore, in theory, the WPK opposes accommodation and economic reform of any type.[10]
In June 2010, Kim Jong Il appointed his brother-in-law, Chang Sung-taek, as vice-chairman of the National Defence Commission, in a move seen as propping up his own position. Chang was already regarded as the second-most powerful person in North Korea and his appointment strengthened the probability that Kim's third son, Kim Jong Un, would succeed him.[11] However, in December 2013 Chang was fired from all government posts and subsequently executed. Kim Jong Un ordered the execution.[12]
In June 2016, following the 7th WPK Conference, the Constitution of North Korea was updated, replacing the National Defence Commission with the State Affairs Commission and placing Kim Jong Un as the Chairman of the State Affairs Commission.[13] This places Kim Jong Un as the official head of state.[14]
Members of the State Affairs Commission of North Korea are as follows:[citation needed]
The Presidium of the SPA is as follows:[15]
The chairman and vice-chairpersons of the Supreme People's Assembly are:[15]
Some ministers of the Cabinet of North Korea are as follows:[15]
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