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Title: Democratic People's Rep. of Korea Human Rights Practices, 1995
Author: U.S. Department of State
Date: March 1996
DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA*
---------------------
*The United States does not have diplomatic relations with the
Democratic People's Republic of Korea. North Korea does not allow
representatives of foreign governments, journalists, or other invited
visitors the freedom of movement that would enable them to assess human
rights conditions there. This report is based on information obtained
over a period of time extending from well before 1995, as updated where
possible by information drawn from recent interviews, reports, and
documentation. While limited in detail, this information is nonetheless
indicative of the human rights situation in North Korea today.
------------------------
The Democratic People's Republic of Korea (DPRK) is a dictatorship under
the absolute rule of the Korean Workers' Party (KWP). Kim Il Sung ruled
the DPRK from its inception until his death in July 1994. Although he
has not assumed his father's positions of President of the DPRK and
Secretary General of the KWP, Kim Jong Il's leadership appears to be
unchallenged. Both Kim Il Sung and Kim Jong Il continue to be the
objects of intense personality cults.
The Korean People's Armed Forces is the primary organization responsible
for external security. It is assisted by a sizable military reserve
force and several quasi-military forces, including the Worker-Peasant
Red Guards and the People's Security Force. These organizations assist
the Ministry of Public Security and cadres of the Korean Workers Party
in maintaining internal security. Members of the security forces
committed serious human rights abuses.
The State directs all significant economic activity, and only
government-supervised labor unions are permitted. According to some
estimates, the economy has contracted in each of the last 5 years,
largely due to the collapse of the Soviet bloc and the elimination of
Soviet and Chinese concessional trade and aid. Economic development
continues to be hindered by distribution bottlenecks, inefficient
allocation of resources, lack of access to international credit stemming
from the DPRK's default on much of its foreign debt, and by the
diversion of a quarter of the gross national product to military
expenditures. In 1995 North Korea admitted publicly for the first time
that it suffered from food shortages, which were exacerbated by
widespread flooding in the summer; it sought international food aid as
well as other forms of assistance. Food, clothing, and energy are
rationed throughout the country.
The Government continues to deny its citizens human rights. Citizens do
not have the right peacefully to change their government. There
continued to be reports of extrajudicial killings and disappearances.
Torture and harsh prison conditions are common. Citizens are detained
arbitrarily and many are held as political prisoners. The
constitutional provisions for an independent judiciary and fair trials
are not implemented in practice. The North Korean regime subjects its
citizens to rigid controls. The state leadership perceives most
international norms of human rights, especially individual rights, as
illegitimate and alien social artifacts subversive to the goals of the
State and party. The Penal Code is draconian, stipulating capital
punishment and confiscation of all assets for a wide variety of "crimes
against the revolution," including defection, slander of the policies of
the party or State, listening to foreign broadcasts, and possessing
"reactionary" printed matter. The Government prohibits freedom of the
press and association; all forms of cultural and media activities are
under the tight control of the party. Little outside information
reaches the public except that approved and disseminated by the
Government. The Government restricts freedom of religion, citizens'
movements, and workers' rights.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including Freedom
from:
a. Political and Other Extrajudicial Killing
According to defector sources, the regime continued summary executions
of political prisoners, political opponents, repatriated defectors, and
others (reportedly including military officers suspected of plotting
against Kim Jong Il). The Criminal Law makes the death penalty
mandatory for activities "in collusion with imperialists" aimed at
"suppressing the national liberation struggle." Some prisoners
are sentenced to death for such ill-defined "crimes" as "ideological
divergence," "opposing socialism," and other "counterrevolutionary
crimes."
b. Disappearance
There is no reliable information on disappearances within North Korea.
However, there continued to be numerous reports of DPRK involvement in
the kidnaping abroad of South Koreans, Japanese, and other foreign
nationals. The Japanese press estimates that as many as 20 Japanese may
have been kidnaped and remain in detention in North Korea. In addition,
several cases of kidnaping, hostage taking, and other acts of violence
allegedly intended to intimidate ethnic Koreans living in China and
Russia were reported. The DPRK denies these reports.
Amnesty International (AI) reports issued in 1993, 1994, and 1995 detail
a number of cases, including that of Japanese citizen Shibata Kozo and
his wife Shin Sung Suk, who left Japan in 1960 and resettled in North
Korea. Mr. Shibata was reportedly arrested in 1962, allegedly after
encouraging a demonstration against the poor treatment given to former
residents of Japan. In 1993 AI claimed that he was still in
custody, and in poor health. AI stated that there had been no word
about his wife and three children since 1965. In June AI was informed
by North Korean officials that Shibata Kozo, his wife, children, and
grandchildren died in a train accident in early 1990, a few weeks after
his release from nearly 30 years in prison. However, AI has received
other reports that Shibata Kozo was still in custody at the time of the
alleged accident.
In another case cited by AI in 1993, North Korean officials informed AI
in April that Japanese citizen Cho Ho Pyong, his ethnic Japanese wife
Koike Hideko, and their three young children were killed in 1972, while
attempting to flee the country. The North Korean authorities told AI
that Cho had escaped from a detention center, where he was being held
for spying, killing a guard.
In September AI reported that three ethnic Korean residents of Beijing,
China (ages 16, 18, and 20) had been taken to North Korea against their
will in apparent retaliation for criticism of North Korean human rights
violations made by their father, a former prisoner in North Korea, on
Japanese television and in the Japanese press. The North Korean
authorities deny this allegation, claiming that the three brothers had
been deported to North Korea for breaking Chinese law, and that they are
now living with relatives. AI has been unable to confirm this account
and at year's end was still concerned about the welfare of the three
brothers.
Numerous reports indicate that ordinary citizens are not allowed to mix
with foreign nationals, and AI reported that a number of North Koreans
who maintained friendships with foreigners have disappeared. In at
least one case, AI reported that a citizen who had disappeared was
executed for maintaining a friendship with a Russian National.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment
While there is no information on recent practices, credible reports
indicate that prisoners are routinely tortured or ill-treated, and that
many prisoners have died from torture, disease, starvation, or exposure.
There are increasing reports of executions reportedly carried out at
public meetings and rallies attended by workers, students, and school
children. Executions have also been carried out before assembled
inmates at places of detention.
According to international nongovernmental organization (NGO) and
defector sources, whole families, including children, are imprisoned
together. "Reeducation through labor" is common punishment, consisting
of forced labor (logging, tending crops) under harsh conditions. A
small number of people who claim to have escaped from North Korean
detention camps report that starvation and executions are common. In
one prison, clothing was reportedly issued only once in a 3-year period.
Former inmates have produced photographs of an inmate wearing specially
designed leg irons which permit walking but make running impossible. AI
reports the existence of "punishment cells," too low to permit standing
upright and too small for lying down flat, where prisoners are kept for
up to several weeks for breaking prison rules. Recent visitors to North
Korea report observing prisoners being marched in leg irons, metal
collars, and shackles. With the exception of one model "rehabilitation
center" visited by Amnesty International representatives, the Government
has not permitted inspection of prisons by human rights monitors.
d. Arbitrary Arrest, Detention, or Exile
There are no practical restrictions on the ability of the North Korean
Government to detain and imprison residents of North Korea at will, and
hold them incommunicado.
Little information is available on North Korea's criminal justice
procedures and practices, and outside observation of its legal system
has been limited to apparent show trials on traffic violations and other
minor offenses.
Family members or other concerned persons find it virtually impossible
to obtain information on charges against detained persons. Judicial
review of detentions does not exist in law or in practice.
Defectors claim that North Korea detains about 150,000 political
prisoners and family members in maximum security camps in remote areas.
An October 1992 report by two former inmates made reference to the
severe living conditions in what they called "concentration camps."
North Korean officials deny the existence of such gulags or prisons but
admit the existence of "education centers" for people who "commit crimes
by mistake."
One credible report lists 12 such prison camps in the DPRK. It is
believed that some former high officials are imprisoned in the camps.
Any form of communication with detainees, including visitors, although
once allowed, is now said to be prohibited.
In July 1991, a North Korean defector who had been a ranking official in
the Ministry of Public Security said that there were two types of
detention areas. One consists of closed camps from which prisoners
never emerge and where conditions are extremely harsh. In the other
type, prisoners can be "rehabilitated."
e. Denial of Fair Public Trial
The Constitution states that courts are independent and that judicial
proceedings are to be carried out in strict accordance with the law.
The Constitution contains elaborate procedural guarantees, and it states
that "cases are heard in public, and the accused is guaranteed the right
to defense; hearings may be closed to the public as stipulated by law."
However, an independent judiciary and individual rights do not exist in
fact in the DPRK. The Public Security Ministry dispenses with trials in
political cases and refers defendants to the Ministry of State Security
for imposition of punishment.
When trials are held, lawyers are apparently assigned by the Government.
Reports indicate that defense lawyers are not considered representatives
of the accused, but rather are expected to help the court by persuading
the accused to confess guilt. Some reports note a distinction between
those accused of political crimes and common criminals and state that
the Government affords trials only to the latter. The Government
considers critics of the regime to be "political criminals."
Numerous reports suggest that political offenses have in the past
included sitting on newspapers bearing Kim Il Sung's picture, or (in the
case of a professor reportedly sentenced to work as a laborer) noting in
class that Kim Il Sung had received little formal education. A
foreigner hired to work on foreign broadcasts for the regime in the
1970's was imprisoned for 1 year without trial for criticizing the
quality of the regime's foreign propaganda, and then imprisoned for an
additional 6 more years (with trial) shortly after his release for
claiming in a private conversation that his original imprisonment was
unjust. While AI has listed 58 political prisoners by name, the total
number of political prisoners being held is unknown. Several defectors
and former inmates reported that the total figure is approximately
150,000.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The constitutional stipulation that "citizens are guaranteed the
inviolability of person and residence and the privacy of correspondence"
does not reflect reality. The Government relies upon an extensive,
multilevel system of informers to identify critics and potential
troublemakers. Whole communities are sometimes subjected to massive
security checks. According to Kim Jong Il, North Korean society
embodies "a new way of thinking" which cannot be evaluated on the basis
of "old yardsticks" of human rights imported from abroad. In this
context, the DPRK celebrates the closed nature of its society as a
virtue. The possession of "reactionary material" and listening to
foreign broadcasts are both considered crimes which may subject the
transgressor to the death penalty. In some cases, entire families are
punished for political offenses allegedly committed by one member of the
family.
The Government's ideology is derived from Marxist-Leninist concepts of
collective consciousness and the "Juche" idea of self-reliance
propounded by Kim Il Sung. Although Juche is generally translated as
"self-reliance," it more literally means "the ability to act
independently without regard to outside interference." Originally
described as "a creative application of Marxism-Leninism" in the Korean
context, Juche is a malleable philosophy, reinterpreted from time to
time by the regime as its ideological needs change and used by the
regime as a "spiritual" underpinning for its rule.
As defined by Kim Il Sung, the Juche idea connotes a quasi-mystical
concept in which the collective will of the people is distilled into a
supreme leader whose every act is by definition in accordance with the
State and society's needs. An October 1995 commentary in the North
Korean press explained that "the leader is not an individual, but the
brain of the revolution, the center of unity, and the supreme person who
represents the popular masses." Opposition to such a leader, or to the
rules, regulations, and goals established by his regime, is thus in
itself opposition to the national interest. The regime therefore claims
a social interest in identifying and isolating such people.
The Government continued to classify citizens into three main classes:
"core," "wavering," and "hostile." These 3 classes are further
subdivided into over 50 subcategories based on perceived loyalty to the
party and the leadership. Security ratings are assigned to each
individual; according to some estimates, as much as 75 percent of the
population is designated as either wavering or hostile. These loyalty
ratings determine access to employment, higher education, place of
residence, medical facilities, and certain stores, and affect the
severity of punishment in the case of legal infractions. While there
are signs that the Government has eased enforcement of this rigid system
in recent years, it remains a basic feature of North Korean society.
The authorities subject citizens in all age groups and occupations to
intensive political and ideological indoctrination. Even after Kim Il
Sung's death, his cult of personality and glorification of his family
and the official Juche ideology continued to be omnipresent. The North
Korean press regularly reports the occurrence of miracles on the
anniversary of Kim Il Sung's birth. The cult approaches the level of a
state religion.
The goal of indoctrination remains to ensure loyalty to the Kim Il Sung
system and to his son and heir Kim Jong Il, as well as conformity to the
State's ideology and authority. The necessity for intensification of
such indoctrination is repeatedly stressed in the writings of Kim Jong
Il, who attributes the collapse of the Soviet Union largely to
insufficient ideological indoctrination, compounded by the entry of
foreign influences.
Indoctrination is carried out systematically not only through the mass
media, but also in schools and through worker and neighborhood
associations. Kim Jong Il has recently stated that ideological
education must take precedence over academic education in the nation's
schools, and has also called for the intensification of mandatory
ideological study and discussion sessions for adult workers. One
objective of these extended studies is to deny citizens sufficient
leisure time in which to engage in undesirable activities or reflection.
Another aspect of the State's indoctrination system is the use of mass
marches, rallies, and staged performances, sometimes involving hundreds
of thousands of people. The recent celebration of the 50th anniversary
of the founding of the Korean Workers' Party included several hours of
carefully choreographed demonstrations of mass adulation of the
leadership, reportedly involving virtually the entire population of
Pyongyang and outlying communities. Foreign visitors were told that
nonparticipation by Pyongyang residents in this event was unthinkable.
Citizens with relatives who fled to South Korea at the time of the
Korean War appear to be classified as part of the hostile class in the
DPRK's elaborate loyalty system. This subcategory alone encompasses a
significant percentage of the North Korean population. One defector
estimated that the class of those considered potentially hostile may
comprise 25 to 30 percent of the population; others place the figure at
closer to 20 percent. Members of this class are subject to
discrimination, although a defector has claimed that their treatment has
improved greatly in recent years.
The Government monitors correspondence and telephones. Telephones are
restricted to domestic operation (see Section 2.a.).
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Articles of the Constitution that require citizens to follow the
"Socialist norms of life" and to obey a "collective spirit" take
precedence over individual political or civil liberties. Although the
Constitution provides for freedom of speech, press, assembly, and
association, the Government prohibits the exercise of these rights in
practice. The regime permits only activities which support its
objectives.
The Government strictly curtails freedom of expression. The authorities
may punish persons criticizing the regime or its policies by
imprisonment or "corrective labor." One defector reported in 1986 that
a scientist, whose home was bugged through his radio set, was arrested
and executed for statements made at home that were considered critical
of Kim Il Sung. In another case, AI reports that a family formerly
resident in Japan was sent to a reeducation through labor center because
one member of the family allegedly made remarks disparaging the
Government.
The Government attempts to control all information that enters and
leaves the DPRK. It carefully manages the visits of Western
journalists. Domestic media censorship is strictly enforced, and no
deviation from the official government line is tolerated.
The regime prohibits listening to foreign media broadcasts except by the
political elite, and violators are subject to severe punishment. Radios
and television sets are built to receive only domestic programming;
radios obtained from abroad must be submitted for alteration to operate
in a similar manner. North Korea's private telephone lines operate on
an internal system which prevents making or receiving calls from outside
the country. Some foreign relatives of well-connected individuals are
reportedly able to contact them through official telephone lines.
The Government severely restricts academic freedom. The Government
controls artistic and academic works, and visitors report that the
primary function of plays, movies, operas, children's performances, and
books is to contribute to the cult of personality surrounding Kim Il
Sung and Kim Jong Il.
b. Freedom of Peaceful Assembly and Association
Although the Constitution provides for freedom of assembly and
association, the Government does not respect these provisions in
practice. The Government prohibits any public meetings without
authorization. There are no known organizations other than those
created by the Government. Professional associations exist solely to
reinforce government monitoring and control over the members of these
organizations.
c. Freedom of Religion
The 1992 Constitution provides for the "freedom of religious belief"
including, "the right to build buildings for religious use." However,
the same article adds that "no one can use religion as a means to drag
in foreign powers" or to disrupt the social order. In practice, the
regime firmly discourages all organized religious activity except that
which serves the interests of the State.
As late as the 1980's, foreign visitors to North Korea were told that
there were no churches in the country, and only a handful of Buddhist
temples. However, in recent years, the regime has facilitated the
formation of several government-sponsored religious organizations.
These serve as interlocutors with foreign church groups and
international aid organizations. Some foreigners who have met with
representatives of these organizations are convinced that they are
sincere believers; others claim that they appeared to know little about
religious dogma, liturgy, or teaching.
There are a few Buddhist temples where religious activity is permitted,
and three Christian churches--two Protestant and one Catholic--have been
opened since 1988 in Pyongyang. These appear to be the only active
Christian churches in the country. Many visitors say that church
activity appears staged. Foreign Christians who have attempted to
attend services at these churches without making prior arrangements with
the authorities report finding them locked and unattended, even on
Easter Sunday.
The DPRK claims there are 10,000 Christians who worship in 500 house
churches, and that the Chondogyo Young Friends Party, a government-
sponsored group based on a native Korean religious movement, is still in
existence. The authorities have told foreign visitors that one
Protestant seminary exists, accepting six to nine pupils every 3 years.
d. Freedom of Movement Within the Country, Foreign Travel,
Emigration, and Repatriation
The regime strictly controls internal travel, requiring a travel pass
for any movement outside one's home village; these passes are granted
only for official travel or attendance at a relative's wedding or
funeral. Long delays in obtaining the necessary permit often result in
denial of the right to travel even for these limited purposes. As an
additional means of control, travelers must produce special "travelers
coupons" in order to buy food on trains or at restaurants or shops.
Only members of a very small elite have vehicles for personal use. The
regime tightly controls access to civilian aircraft, trains, buses,
food, and fuel.
Reports, primarily from defectors, indicate that the Government
routinely uses forced resettlement, particularly for those deemed
politically unreliable. The Government strictly controls permission to
reside in, or even enter, Pyongyang. This is a significant lever as
food, housing, health, and general living conditions are reportedly much
better in Pyongyang than in the rest of the country. Diplomatic and
press reports concur that the DPRK began an intensive effort in 1995 to
reduce significantly the population of Pyongyang due to concerns about
overcrowding. Hundreds of thousands of people were reportedly required
to relocate out of the city.
The regime limits foreign travel to officials and trusted artists,
athletes, academics, and representatives of religions. It does not
allow emigration, although there have been a limited number of
defections. Recently, the number of defectors has increased. The
regime reportedly retaliates harshly against the relatives of those few
persons who manage to escape. According to the Penal Code, defection
and attempted defection (including the attempt to gain entry to a
foreign embassy for the purpose of seeking political asylum) are capital
crimes. Defectors and other sources report that involuntarily
repatriated defectors are routinely executed. As a rule, the regime
does not allow students to study abroad except in China and a few other
friendly countries.
From 1959 to 1982, 93,000 Korean residents of Japan, including 6,637
Japanese wives, voluntarily repatriated to North Korea. Despite regime
assurances that the wives, 1,828 of whom still had Japanese citizenship,
would be allowed to go home to Japan every 2 or 3 years, none is known
to have done so. Most have not been heard of since, and their relatives
and friends in Japan have been unsuccessful in their efforts to gain
information about their condition and whereabouts.
Although over the past decade the DPRK has permitted an increasing
number of overseas Korean residents of North America, Japan, China, and
other countries to visit their relatives in North Korea, most requests
for such visits are still denied. Many foreign visitors to the April
International Pyongyang Sports Festival reported that they were denied
permission to visit or otherwise contact their relatives, even those who
lived only a few miles from Pyongyang. The DPRK does not participate in
United Nations or other international refugee forums, and it is not in
contact with the U.N. High Commissioner for Refugees.
Section 3 Respect for Political Rights: The Right of Citizens to
Change Their Government
Citizens have no right or practical means to change their government.
The political system is completely dominated by the KWP, with Kim Il
Sung's heir Kim Jong Il apparently in control. There is very little
hard information available on intraregime politics following Kim Il
Sung's death. The legislature, the Supreme People's Assembly, which
meets only a few days a year, serves only to rubber-stamp resolutions
presented to it by the party leadership.
In an effort to create the appearance of democracy, the DPRK has created
several "minority parties." Lacking grassroots organization, they exist
only as rosters of officials with token representation in the Supreme
People's Assembly. Their primary purpose appears to be that of
promoting government objectives abroad as touring parliamentarians.
Free elections do not exist in North Korea, and Kim Jong Il has derided
the concept of free elections and competition among political parties as
an artifact of capitalist decay.
Elections to the Supreme People's Assembly and to provincial, city, and
county assemblies are held irregularly. In all cases there is only one
government-approved candidate in each electoral district. According to
the media, over 99 percent of the voters turn out to elect 100 percent
of the candidates approved by the KWP. The vast majority of the KWP's
estimated 3 million members (in a population of 22 million) work to
implement decrees formulated by the party's small elite.
Few women have reached high levels of the party or the Government.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human Rights
The Government does not permit any independent domestic organizations to
monitor human rights conditions or to comment on violations of such
rights. A North Korean Human Rights Committee established in 1992
denies the existence of any human rights violations in North Korea and
is merely a propaganda arm of the regime. However, by offering
international human rights organizations an identifiable official
interlocutor, the new body facilitates their ability to enter into two-
way communication with the regime.
AI representatives visited the DPRK in 1991 and 1995 and met officials
from the Ministries of Foreign Affairs and Public Security, as well as
judges, lawyers, and legal scholars. The Government has ignored
requests for visits to the DPRK by other international human rights
organizations.
Section 5 Discrimination Based on Race, Sex, Religion, Disability,
Language, or Social Status
The Constitution provides for equal rights for all citizens. However,
the Government denies its citizens most fundamental human rights.
Women
There is no information available on violence against women.
The Constitution states that "women hold equal social status and rights
with men." Women are represented proportionally in the labor force,
with the exception of small factories in which the work force is
predominantly female. Like men, working age women do not have the
option not to work. They are thus required to leave their preschool
children in the care of elderly relatives or in state nurseries.
However, according to the Constitution, women with large families are
guaranteed shortened working hours.
Children
Social norms reflect traditional, family centered values in which
children are cherished. The State provides education for all children.
There is no available evidence of a pattern of societal abuse of
children. However, some children are denied educational opportunities
and subjected to other punishments and disadvantages as a result of the
loyalty classification system and the principle of "collective
retribution" for the transgressions of their parents.
Like others in North Korean society, children are the object of intense
political indoctrination; even mathematics textbooks propound the party
line. In addition, foreign visitors to North Korea and academic sources
report that children are subjected to several hours a week of mandatory
military training and indoctrination at their schools from an early age.
School children are sometimes sent to work temporarily in factories or
in the fields to assist in completing special projects or in meeting
production goals.
People with Disabilities
Traditional social norms condone discrimination against the physically
disabled. Disabled persons are almost never seen within the city limits
of Pyongyang, and several defectors and other former North Korea
residents report that disabled persons are routinely assigned to the
rural areas. There are no legally mandated provisions for accessibility
to buildings or government services for the disabled.
Section 6 Worker Rights
a. The Right of Association
Nongovernmental labor unions do not exist. The Korean Workers' Party
purports to represent the interests of all labor. There is a single
labor organization, called the General Federation of Trade Unions of
Korea, which is affiliated with the formerly Soviet-controlled World
Federation of Trade Unions. Operating under this umbrella, unions
function on the classic Stalinist model, with responsibility for
mobilizing workers behind production goals and for providing health,
education, cultural, and welfare facilities. They do not have the right
to strike. North Korea is not a member of, but has observer status
with, the International Labor Organization.
b. The Right to Organize and Bargain Collectively
Workers have no right to organize or to bargain collectively. Wages are
set by government ministries. The State assigns all jobs. Ideological
purity is as important as professional competence in deciding who
receives a particular job, and foreign companies that establish joint
ventures in North Korea report that all their employees must be hired
from lists submitted by the KWP. Factory and farm workers are organized
into councils, which do have an impact upon management decisions.
c. Prohibition of Forced or Compulsory Labor
There is no prohibition on the use of forced or compulsory labor, and
the Government routinely uses military conscripts for construction
projects. Reformatory labor and reeducation through labor are common
punishments for political offenses. AI reports that forced labor, such
as logging and tending crops, is common among prisoners.
d. Minimum Age for Employment of Children
According to the Constitution, the State prohibits work by children
under the age of 16 years. As education is universal and mandatory
until age 15, it is believed that this regulation is enforced.
e. Acceptable Conditions of Work
The Constitution states that all working-age citizens must participate
in work, and "strictly observe labor discipline and working hours." The
Penal Code states that anyone who hampers the nation's industry,
commerce, or transportation through purposefully failing to carry out a
specific assignment "while pretending to be functioning normally" is
subject to the death penalty; it also states that anyone who "shoddily
carries out" an assigned duty is subject to no less than 5 years'
imprisonment.
Even persistent tardiness may be defined as "anti-Socialist wrecking"
under these articles. A DPRK official praised the North Korean labor
force to an audience of foreign business executives by noting that
"there are no riots, no strikes, and no differences of opinion" with
management.
The Financial Times reported in September that the minimum wage for
workers in foreign joint ventures is $80 a month (about 168 North Korean
won); no data are currently available on the minimum wage in state-owned
industries. Wages and rations appear to be adequate to support workers
and their families at a basic subsistence level. Wages are not the
primary form of compensation since the State provides all educational
and medical needs free of charge, while most goods are distributed
according to a rationing system, and only token rent is charged.
In 1994 new labor regulations for foreign-funded enterprises were
reportedly adopted by the Administration Council. Referring to labor
contracts, they set out provisions on the employment and dismissal of
workers, technical training, work hours, rest periods, remuneration,
labor protection, social security, fines for violations of regulations,
and settlement of disputes.
The Constitution stipulates an 8-hour workday, but several sources
report that most laborers work 12 to 16 hours daily. Some of this
additional time may represent mandatory study of the writings of Kim Il
Sung and Kim Jong Il. The Constitution provides all citizens with a
"right to rest," including paid leave, holidays, and access to
sanitariums and rest homes funded at public expense. The actual
availability of these protections in practice is unknown.
(###)
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