Suggested citations
AGLC4 | 재판소구성법 2011 [Court Composition Law of the Democratic People's Republic of Korea (2011)] [tr Daye Gang].
Bluebook | Jaepansoguseongbeob 2011 [Court Composition Law of the Democratic People's Republic of Korea (2011)] translated in Law and North Korea by Daye Gang, https://www.lawandnorthkorea.com/.
Adopted on January 10, Juche 65 (1976), as Decision No. 19 of the Standing Committee of the Supreme People’s Assembly
Amended and supplemented on July 1, Juche 87 (1998), as Decision No. 122 of the Standing Committee of the Supreme People’s Assembly
Amended and supplemented on November 19, Juche 87 (1998), as Directive No. 160 of the Presidium of the Supreme People’s Assembly
Amended on April 28, Juche 98 (2009), as Directive No. 27 of the Presidium of the Supreme People’s Assembly
Amended and supplemented on December 21, Juche 100 (2011), as Directive No. 2052 of the Presidium of the Supreme People’s Assembly
Article 1 (Objectives of Court Composition Law)
The Court Composition Law of the Democratic People’s Republic of Korea shall strictly adopt systems and order in the organization of the court, and serve to correctly hear and resolve criminal and civil cases.
Article 2 (Principle of correctly composing the court)
Correctly composing the court is a prerequisite condition to assure the scientificity, objectivity, caution, and fairness of trials. The State shall correctly determine the process of composing the court, and must correctly keep it.
Article 3 (Organization of courts)
The Democratic People’s Republic of Korea shall have a highest court, a province (or municipality directly under central authority) court, a city (or district), or county People's Court. There shall be Special Courts in required sectors such as military tribunals, railway courts, and military supplies courts.
Article 4 (Election of Judges and People’s Assessors)
Judges and People’s Assessors shall be elected on democratic principles. The Judges and People’s Assessors of the highest court shall be elected by the Presidium of the Supreme People’s Assembly, and the Judges and People’s Assessors of the province (or municipality directly under central authority) court, city (or district), or county People's Courts shall be elected by the given People's Assembly.
Article 5 (Appointment and election of Special Court Judges and People’s Assessors)
The Judges of Special Courts shall be appointed by the highest court, and People’s Assessors shall be elected at the given soldiers’ meeting or employees’ meeting.
Article 6 (Qualifications of Judges and People’s Assessors)
Judges and People’s Assessors may be citizens of the Republic who have the right to vote. However, people without the given qualifications may not be Judges.
Article 7 (Term of election of Judges and People’s Assessors)
The term of election of Judges and People’s Assessors shall be the same as the term of election of the given People's Assembly.
Article 8 (Dismissal of Judges and People’s Assessors)
Judges and People’s Assessors may only be dismissed upon the summons of the institution that elected or appointed them.
Article 9 (Composition of Court of first instance)
A Court of first instance shall be composed of a presiding judge, who is a Judge, and 2 People’s Assessors. In special cases, a Court of first instance may be composed of 3 Judges. In these cases, one of the Judges shall be the presiding judge.
Article 10 (Conditions for not being able to become a member of a court)
Judges and People’s Assessors who are each other’s relatives may not be members of one court.
Article 11 (Conditions for not being able to be a member of the court that rehears the same case)
A Judge or People’s Assessor who participated in the first instance trial may not be a member of a first instance or appeal court that rehease the case.
Article 12 (Number of days for trial participation by People’s Assessors)
People’s Assessors may participate in a trial for 14 days in 1 year. People’s Assessors may participate in the hearing of a trial for more than 14 days as necessary.
Article 13 (Living expenses, remuneration, expenses of People’s Assessors during trial participation period)
People’s Assessors shall receive living expenses, remuneration, and expenses for the period they participate in a trial from the institution, enterprise or organization he or she is affiliated with. People’s Assessors who do not work at an institution, enterprise or organization shall receive their expenses for the period they participated in the trial from the given court.
Article 14 (Composition of appeal court)
Appeal courts shall be composed of 3 Judges. In these cases, one of the Judges shall be the presiding judge.
Article 15 (Composition of court hearing an emergency appeal or retrial)
Courts hearing emergency appeal cases and retrial cases for final judgments or findings of all courts besides the highest court shall be composed of 3 Judges of the highest court. In these cases, one of the Judges shall be the presiding judge.
Article 16 (Composition of judicial meeting of the highest court hearing an emergency appeal case)
The hearing of an emergency appeal case about a judgment or finding of the highest court shall be done at a judicial meeting of the highest court. The judicial meeting of the highest court shall be composed of the President, Vice-President, and Judges of the highest court. A judicial meeting of the highest court may only be held if more than two thirds of all its members participate.
Article 17 (Adoption of judgment, findings)
The judgment or a finding of a court shall be adopted by a majority decision of the Judges and People’s Assessors who participated in the court proceedings or the judicial meeting.
Article 18 (Supervision and control for judicial activities)
Supervision and control for court work shall be done by the highest court in a standardized way. The highest court must normally supervise and control the court work of the whole country.
Article 19 (Responsibility for judicial activities)
The highest court shall take responsibility for its work before the Supreme People’s Assembly, and when it is not in session, before the Presidium of the Supreme People’s Assembly. Province (or municipality directly under central authority) courts, city (or district), and county People's Court shall take responsibility for their work before the given People's Assembly, and when it is not in session, before the People’s Committee at the corresponding level.
Article 20 (Supervision and control of province (or municipality directly under central authority) or Special Courts)
Province (or municipality directly under central authority) court and Special Courts must normally supervise and control the work of lower courts.
Article 21 (Administrative or criminal responsibility)
A person who has caused grave consequences to the resolution of a criminal or civil case by violating this law shall have administrative or criminal responsibility imposed depending on the gravity.
Last updated 20 November 2020