[Global NK Commentary] The Significance of Renaming North Korea's Constitution

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1. Constitutional Name Change After 54 Years

Through the 15th Supreme People's Assembly election held on March 15, 2026, 687 deputies were elected. Subsequently, the 1st session of the 15th Supreme People's Assembly was convened on March 22. The main agenda items for the Supreme People's Assembly were fivefold: 1. 'Election of the Chairman of the State Affairs Commission,' 2. 'Election of State Leading Organs,' 3. 'Election of SPA Sectoral Committees,' 4. 'Revision and Supplementation of the Socialist Constitution,' and 5. 'The issue of implementing the new Five-Year National Economic Development Plan' presented at the 9th Congress of the Workers' Party of Korea.' Additionally, the settlement of the 2025 state budget execution and the 2026 state budget were addressed.

This was to elect the heads of state institutions whose legal terms had ended with the 9th Party Congress, and to elect those responsible for operating the newly formed Supreme People's Assembly. It was a meeting to provide legal backing for the decisions of the 9th Party Congress.

One of the points of interest was the 'constitutional revision.' This was because it was the first agenda item for the newly formed Supreme People's Assembly, following the election of the State Affairs Commission Chairman and other state leading organs, as well as the SPA sectoral committees. Choe Ryong-hae, the newly elected Chairman of the Supreme People's Assembly, delivered a report. He explained the constitutional name change and revised provisions, stating, 'Revising and supplementing the Constitution of the Republic, which serves as the legal foundation and political charter for the dignity, sovereignty, and independent development of the country and its people, is a groundbreaking milestone in legally guaranteeing the victorious advance of socialist construction and our cause.' The constitutional revision, including the name change from 'Socialist Constitution of the Democratic People's Republic of Korea' to 'Constitution of the Democratic People's Republic of Korea,' was passed unanimously as expected.

The reason this constitutional name change is noteworthy is that it is the first 'constitutional name' change in a remarkable 54 years. The constitution defines the supreme authority of a nation. Of course, the status of the constitution in North Korea differs. In North Korea, the constitution is subordinate to the ideology of the supreme leader and the rules of the Workers' Party. State policies are not determined by the constitution. The Party rules are codified according to the supreme leader's ideology, and the constitution is amended to align with the Party's decisions. When the Party Congress, the supreme body of the Workers' Party, convenes, the constitution has been amended to reflect the decisions of the Party Congress. This constitutional revision and supplementation was also an amendment made to reflect the outcomes of the Party Congress.

2. Reconstructing Constitutional and National Identity

Even if North Korea's constitution is determined by the supreme leader's ideology and the rules of the Workers' Party, its status cannot be considered low. This is because the constitution represents North Korea's identity externally. It defines externally the nature of the state, the composition of power, and national symbols that have been discussed internally within North Korea.

North Korea first enacted its constitution in September 1948. Upon liberation, North Korea began preparations for statehood and sought to establish a state system. It promptly commenced preparations for the enactment of a constitution, which would serve as the foundation of the state. On November 14, 1947, the UN decided to establish the UN Temporary Commission on Korea at the proposal of the United States. In response, North Korea initiated the process of enacting a constitution through a 'Report on Preparations for the Enactment of a Provisional Constitution of Korea' at the 3rd session of the North Korean People's Committee on November 18, 1947. The following day, November 19, 1947, the 'Committee for the Enactment of the Provisional Constitution of Korea' was formed, and its 1st meeting was held on November 20, 1947. A draft constitution was prepared at the 2nd meeting of the Committee for the Enactment of the Provisional Constitution of Korea on December 20, 1947.

On September 8, 1948, the constitution was enacted at the 1st session of the 1st Supreme People's Assembly. At that time, the name of the constitution was 'Constitution of the Democratic People's Republic of Korea.' It stipulated national symbols, including the 'national name' in Article 1, 'Our country is the Democratic People's Republic of Korea,' as well as the national flag, which symbolizes North Korea externally, and the 'national emblem,' which symbolizes its official status internally.

However, although North Korea enacted its constitution on September 8, 1948, 'Constitution Day' is celebrated on December 27. This differs from South Korea, which celebrates 'Constitution Day' on July 17, commemorating the first promulgation of its constitution in 1948.

The 'December 27th,' which North Korea commemorates as Constitution Day, refers to December 27, 1972. On December 27, 1972, North Korea amended its constitution at the 1st session of the 5th Supreme People's Assembly. The core of this amendment was the redefinition of national identity. Article 1, which in 1948 read, 'Our country is the Democratic People's Republic of Korea,' was changed in the 1972 revised constitution to Article 1: 'The Democratic People's Republic of Korea is a sovereign socialist state representing the interests of all Korean people.' Its identity was redefined and proclaimed externally as a 'sovereign socialist state.' The name of the constitution was also changed to 'Socialist Constitution of the Democratic People's Republic of Korea.' The constitution, which thus proclaimed its national identity as a 'sovereign socialist state,' was commemorated by setting December 27th as Constitution Day. In 2026, on March 15th, it was renamed back to the original name at the time of its enactment: 'Constitution of the Democratic People's Republic of Korea.'

3. Legalizing Inter-Korean Relations as 'Two States'

The omission of 'socialist' from the constitutional name does not signify an abandonment of socialism. It is judged to be an intention to strengthen its character as a normal, ordinary state towards the international community. It implies a shift from emphasizing 'our style' particularity from a defensive stance to strengthening activities as a universal state. Internally, it is understood as an intention to reinforce the legal framework of the constitution and externally, to showcase governance through the rule of law and its republican nature.

At 12:00 PM on June 9, 2020, Kim Jong Un ordered the complete severance of all inter-Korean communication lines, citing the South Korean government's response to North Korean leaflet scattering as the reason. North Korea declared a 'transition of anti-South Korea operations to anti-enemy operations' and announced the severance of inter-Korean relations. Subsequently, it blew up the inter-Korean joint liaison office and abolished its anti-South Korea organizations. Then, at the expanded meeting of the 9th Plenary Session of the 8th Central Committee of the Workers' Party in 2023, it officially declared a fundamental shift in its policy towards South Korea, defining South Korea as 'our principal enemy' and inter-Korean relations as 'relations between two hostile and warring states.'

He then ordered the legalization of the newly defined inter-Korean relations. In his policy speech at the 10th session of the 14th Supreme People's Assembly held on January 15, 2024, Kim Jong Un stated that 're-establishing the position on North-South relations and unification policy in the Supreme People's Assembly, which discusses the national law of the Democratic People's Republic of Korea, is an indispensable process that must be addressed.' He also instructed 'legal measures to legally and accurately define the scope of sovereignty exercise of the Democratic People's Republic of Korea as a socialist state.' Specifically, he ordered, 'I believe that expressions such as "the northern half of Korea," "Jaju (Independence), Peaceful Reunification, Great National Unity" in the Constitution must now be deleted. I believe that the Constitution of the Republic must be revised to reflect these issues and be deliberated at the next Supreme People's Assembly.'

Following his policy speech in 2024, Kim Jong Un again demanded in his speech at the 13th session of the 14th Supreme People's Assembly on September 14, 2025, that the changed inter-Korean relations be reflected in the constitution. One of the grounds Kim Jong Un asserted for the need to legally redefine inter-Korean relations was the Constitution of the Republic of Korea.

In his speech at the 13th session of the 14th Supreme People's Assembly, Kim Jong Un emphasized the authority of the constitution, stating, 'The 13th session of the 14th Supreme People's Assembly of the Democratic People's Republic of Korea is successfully carrying out its work... based on the mission and authority granted by the Constitution of the Republic.' Regarding nuclear possession, he stated, 'Our nuclear possession is national law, and we have a legal obligation to defend national law,' emphasizing the obligation to enact and abide by laws.

He also invoked the territorial provisions of the Constitution of the Republic of Korea when discussing the need to redefine inter-Korean relations. 'Syngman Rhee, by embedding the phrase "The territory of Korea shall be the Korean Peninsula and its adjacent islands" in the first Constitution of the Republic of Korea, fabricated and promulgated in July 1948, codified the inherent nature most hostile to our state.' He added, 'Although the government in South Korea has changed more than 10 times and the constitution has been amended 9 times, nothing has changed in the constitutional territorial provisions aimed at invading and annexing our Republic.'

The content of the recently amended constitution has not yet been confirmed. Although the presence of border provisions, which Kim Jong Un has emphasized since 2023, has not been confirmed, he has used expressions such as 'the southern border of the Republic' and 'border.' It is highly likely that this aspect has been stipulated in the current constitutional amendment. This constitutional amendment has solidified the position of the constitution as North Korea's supreme law, and the relationship between the two Koreas as a 'two-state' relationship has been proclaimed as an irreversible, constitutionally defined principle. ■

■ Jeon Young-sun_Professor, Institute for Humanities, Konkuk University.

■ Editor: Lee Sang-jun_EAI Researcher; Oh In-hwan_EAI Senior Researcher

Contact: 02 2277 1683 (ext. 211) | leesj@eai.or.kr