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

■ Global NK Zoom&Connect 원문으로 바로가기

1. Constitutional Name Change After 54 Years

Through the 15th Supreme People's Assembly election on March 15, 2026, 687 deputies were elected. Subsequently, the 1st session of the 15th Supreme People's Assembly was held 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 National Economic Development Five-Year 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 issues were addressed.

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

One of the points of interest was the 'Constitutional Amendment.' This was because it was the first agenda item for the newly formed Supreme People's Assembly following the election of the Chairman of the State Affairs Commission, state leading organs, and 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 the revised and supplemented content, stating, "The revision and supplementation of 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, in line with the requirements of the new stage of the revolution, will mark a groundbreaking milestone in legally guaranteeing the victorious advance of socialist construction and our cause." As expected, the constitutional amendment, 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.

The reason this constitutional name change is noteworthy is that it is a 'constitutional name' change after a considerable 54 years. The constitution defines the supreme authority of a nation. Of course, the status of the constitution in North Korea is different. 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's 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, is held, the constitution has been amended to reflect the decisions of the Party Congress. This constitutional amendment and supplementation were also carried out to reflect the results 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 externally represents North Korea's identity. It defines, for the outside world, the nature of the state, the composition of power, and state 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 aimed to establish a state system. It promptly began 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, based on a proposal from the United States. In response, North Korea initiated the process of enacting a constitution on November 18, 1947, 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. The following day, November 19, 1947, the 'Provisional Constitution Drafting Committee of Korea' was launched, and on November 20, the 1st meeting of the 'Provisional Constitution Drafting Committee of Korea' was held. On December 20, 1947, a draft constitution was prepared at the 2nd meeting of the Provisional Constitution Drafting Committee of Korea.

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 the 'Constitution of the Democratic People's Republic of Korea.' It stipulated state 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 North Korea's 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 27,' which North Korea commemorates as Constitution Day, is 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 the 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 amended constitution to Article 1: 'The Democratic People's Republic of Korea is a sovereign socialist state representing the interests of the entire Korean people.' Its identity as a 'sovereign socialist state' was redefined and proclaimed to the outside world. The name of the constitution was also changed to 'Socialist Constitution of the Democratic People's Republic of Korea.' To commemorate this constitution, which proclaimed its national identity as a 'sovereign socialist state,' Constitution Day was set and celebrated on December 27. In 2026, on March 15, 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 rule by 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. North Korea declared a 'transition of anti-South Korea operations to anti-enemy operations' and announced the severance of inter-Korean relations. Subsequently, the inter-Korean joint liaison office was blown up, and anti-South Korea organizations were abolished. Then, at the enlarged meeting of the 9th Plenary Session of the 8th Central Committee of the Workers' Party in 2023, South Korea was designated as 'our principal enemy,' and inter-Korean relations were officially declared a fundamental shift in policy towards the South, defined as 'relations between two hostile and warring states.'

Furthermore, he 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 on January 15, 2024, Kim Jong Un stated, "It is an indispensable process that must be addressed to newly establish the position on North-South relations and unification policy at the Supreme People's Assembly, which discusses the national law of the Democratic People's Republic of Korea." He also instructed that "legal measures must be taken to legally and accurately define the sovereign territory of the Democratic People's Republic of Korea as a socialist state." Specifically, he ordered, "I believe that expressions such as 'North half' and 'independence, peaceful reunification, and great national unity' in the Constitution must now be deleted. I think 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 cited 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 then recalled 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 the Republic 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 nation." 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. Whether it includes the border provisions emphasized by Kim Jong Un since 2023 is also unconfirmed, although he has used expressions like '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 constitution's position as North Korea's supreme law, and the relationship between the two Koreas as a relationship between 'two states' has been proclaimed as an irreversible, constitutionally defined principle. ■

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

■ In charge and edited by: Lee Sang-jun_EAI 연구원; Oh In-hwan_EAI 수석연구원

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