$Unique_ID{COW02671} $Pretitle{281} $Title{North Korea Chapter 5A. National Security} $Subtitle{} $Author{Stephan B. Wickman} $Affiliation{HQ, Department of the Army} $Subject{security party public korean political system north court state control} $Date{1981} $Log{Korean People's Army*0267101.scf Figure 27.*0267102.scf } Country: North Korea Book: North Korea, A Country Study Author: Stephan B. Wickman Affiliation: HQ, Department of the Army Date: 1981 Chapter 5A. National Security [See Korean People's Army: Soldiers symbolizing the Korean People's Army] In early 1981 the Korean peninsula was one of the most heavily armed and fortified regions of the world, as it had been since the outbreak of the Korean War in 1950. Three major powers-China, the Soviet Union, and the United States-maintained defense treaties with their respective allies on the peninsula, lending global implications to any potential conflict in the area. In North Korea a large military establishment and a pervasive system of civil control have been made essential elements of society, doctrinally legitimized by the specter of American "imperialism" and the leadership's desire to promote continued class struggle and make revolutionary gains. The system functioned under the guidance of the Korean Workers Party whose organs paralleled and monitored those of the government and the military from the highest to the grass-roots level. There was no independently verifiable evidence of internal subversion of the government or the ruling party; both seemed to have the acceptance of a majority of the people. An efficient system of police and domestic surveillance was capable of detecting and discouraging those who might feel otherwise. The combined manpower of all regular armed forces units-collectively known as the Korean People's Army-was estimated by the International Institute for Strategic Studies in London in 1980 to be 678,000 troops under arms. About 90 percent of this force consisted of the three major ground force commands-the army, mechanized force, and artillery force. Another estimated 2 million men and women served in active reserve or paramilitary forces. The society was highly militarized, and military strategies and expenditures were significant factors in political and economic decisionmaking. The commitment made in the early 1960s to a massive defense program and greater national self-sufficiency in arms and equipment resulted in a major diversion of resources from economic development to military purposes and substantial sacrifice in the standard of living. Nearly 4 percent of the population belonged to the Korean People's Army, another 2 percent was in the military reserves, and an additional 11 percent belonged to the Worker-and-Peasant Red Guard, an organization originally conceived as a territorial militia for local defense but which increasingly assumed the characteristics of an auxiliary military force. Thus many North Koreans were directly involved in some form of military activity through either regular or auxiliary units. The military establishment was in many ways a privileged class. Military men have always held prominent places within the elite of both the Party and government. The functions of internal security and maintenance of law and order were centered in the Ministry of Public Security, which possessed extraordinarily broad powers over the lives of citizens and the movements of persons within the country. The ministry's police apparatus (both conventional and secret), along with courts and procurators, constituted parts of a system under centralized party control. The party leadership saw them as vital to the functioning of a communist society and the attainment of its transforming mission. Party control over these organs and coordination of policy and major operational matters were exercised through the Justice and Security Commission. North Korea's legal and criminal justice systems were formed during the period of Soviet occupation after World War II and closely followed Soviet models. The legal and criminal procedure codes were taken almost literally from the central Soviet codes of the time. North Korea has not followed the Soviet Union, however, in liberalizing certain features of the codes in the post-Stalin years. The legal system reflected a strong authoritarian heritage and emphasized the interests of the state over those of the individual. Criminal law and procedure stressed sanctions and public trial as means of crushing deviance and educating the public in the modes of conduct desired by the state. Special unpublicized provisions of law and criminal procedures were applied to those classified as political offenders. From preliminary investigation through trial, sentencing, and penal incarceration, the political offender was handled through a separate criminal procedure under secret police jurisdiction in which the defendant had little if any recourse to due process. In a major speech following the Sixth Party Congress of the Korean Workers Party, a key internal security leader reasserted the importance of the public security organs in confronting counterrevolutionary forces, noting at the same time that the socialist system had established deep roots in a land that was being made into an "impregnable fortress." The nation's stock of 600 combat aircraft, 2,600 tanks, 400 fast-attack and amphibious craft, and thousands of howitzers, mortars, rocket launchers, artillery weapons, and missiles lent credibility to the claim. In the early 1980s North Korea, producing many of its own weapons and consistently maintaining a high level of defense expenditure, found itself locked into an escalating arms race with its neighbor, South Korea. In 1981, as in recent years, key elements of North Korea's forces and arms were deployed along the Demilitarized Zone. Some analysts viewed this as an indication that the North Korean leadership had considered offensive actions against the South Korean capital, Seoul (see fig. 27). The North Koreans, however, claimed that the threat of war arose from the possibility of a South Korean invasion of their own territory, rather than from a North Korean attack on the South, or an effort to subvert South Korea from within. Over the past decade, the proximity of massive enemy forces has served to heighten the sense of threat and fear of attack or "preemption in defense." [See Figure 27.: Demilitarized Zone Area] Internal Security Society and Public Order Confucian tradition emphasizes the importance of education and indoctrination over the use of force in the maintenance of public order. Confucius argued in the Analects that controlling people through the use of laws and penalties would only lead to their attempting to stay out of jail without developing what he called "a sense of shame." In contemporary North Korean society Confucianism as a political theory has been repudiated, but persuasion and exhortation are still preferred to coercion as methods of controlling the populace. Education has been greatly stressed, particularly political education, as a means of raising the people's revolutionary consciousness and ensuring their cooperation and compliance. For the maintenance of internal security, total control of the educational and cultural media is seen by authorities as equally important as massive investments in the mechanisms of coercive police power (see Education; Social Education, ch. 2). Nevertheless a large public security and police apparatus existed to take over where education and indoctrination failed. In a December 1980 speech commemorating the thirty-fifth anniversary of the founding of the agency, Minister of Public Security Yi Chin-su described it as a "mighty weapon of the proletarian dictatorship of our Party." "Its existence is justified," he said, "because historical experience shows that no class can put progressive reforms into effect without a mighty power organ that is capable of suppressing the revolt of the hostile classes." The concept of class struggle is central to an understanding of public security in North Korea. The mission of the public security forces is to define and isolate truly antagonistic classes and neutralize their potentially destructive influence. It is assumed that the great majority of people are supporters-or potential supporters-of the revolution, but that a very small group of "hostile elements" who oppose the regime must be completely suppressed. A distinction must be made between those irredeemable classes who are to be "isolated" and those wavering elements who can be "reshaped through education." The international situation, which the Democratic People's Republic of Korea (North Korea) authorities see as one of "imperialist encirclement," has to be taken into account in public security work. In remarks before the Party Central Committee in December 1980, Yi Chin-su stressed that the "U.S. imperialists and their front men, the South Korean military fascists [are] increasing their stocks of aggressive maneuvers against the northern half of the republic, as well as acts of provocation against us and espionage and destructive schemes [in an attempt to] destroy our socialist construction and prevent our revolution from advancing." Public security cadres must be on guard against "hostile infiltration elements." The antagonistic international context is believed to give the question of internal security a special urgency. The concept of class struggle leads public security cadres to have great concern about the political or class background of individuals. Certain classes or groups have been categorized as being inherently hostile, such as former large landowners, collaborators with the Japanese or South Koreans, and members of religious groups. Parental influence is seen as divisive, and the children of "hostile elements" are watched carefully. However as the North Korean regime has become more firmly established and the old exploitive classes have disappeared, people have been judged less by their family backgrounds than by their own merits and their own revolutionary attitudes. The size of the Party and the pervasiveness of its apparatus made it well-suited to the task of reinforcing public security work and assuring compliance with the highly personalized and absolute rule of Kim Il Sung. Legal controls to promote law and order could be effectively buttressed by the work of party members, who represented perhaps as much as 15 percent of the population. They were called upon to uphold party lines and policies and to safeguard the socialist system and the interests of the people. Guidelines for upholding order through self-discipline and surveillance were provided in the 1970 party constitution. That document emphasized the need for vigilance among party members, calling on them to repudiate negative phenomena occurring within and outside the Party, to rectify their own shortcomings, and to report on the wrongdoings of others to party authorities at the appropriate level. The revised party constitution adopted at the Sixth Party Congress in October 1980 was not available in early 1981, but presumably it conveyed the need for vigilance with the same sense of urgency. The Public Security Apparatus As of early 1981 broad responsibility for internal security and regulation of the citizenry was vested in the Ministry of Public Security. This extraordinarily powerful ministry oversaw a constellation of functions that included prison system management, civil defense, traffic control, fire prevention, communications, railroad security, census and civil registration, protection of government and party officials and foreign diplomats, counterespionage, and regular police work. Political security was under ministry jurisdiction until 1972. In early 1973 it become the exclusive responsibility of the State Political Security Department, an autonomous agency reporting directly to Kim Il Sung. Headed by Kim Pyong-ha, a kinsman of Kim Il Sung, the department carried out the functions commonly associated with secret police in authoritarian societies. It exercised indirect control over the Political Security Bureau of the Korean People's Army (KPA), whose corps of political security officers were assigned at all levels of command. More than likely, the State Political Security Department gathered information on individuals and activities, maintained dossiers, and conducted surveillance of suspected organizations and persons. It was believed to control a pervasive network of agents whose scrutiny extended to every type of association in the society. Under the minister of public security were vice ministers for security, protection, guarding operations, rear services, and mountain, forest, and highway security. The ministry had its own central hospital, symphony orchestra, newspaper, and sports team. The structure of the public security organization below the ministry level consisted essentially of public security bureaus in each province, public security sections in each city or county, and a number of substations in towns and areas bordering the Demilitarized Zone (DMZ). The ministry included some twenty to thirty units at each organizational level. One or more agents of the Ministry of Public Security was assigned to each cooperative farm; some of the agents apparently were military personnel on special duty. The agents were allegedly expected to establish intelligence networks among the villagers. Of the nonparty agencies of government at the local level, those of public security were clearly the most powerful. They were headed at the county level by a lieutenant colonel of police and in larger cities and some more highly populated provinces by a senior colonel, roughly comparable to a chief of police. The usual complement of a county public security section was believed to be about 100 persons, assigned to several divisions and carrying out a wide variety of functions. Party control over the Ministry of Public Security was generally thought to be extremely close. The coordination of security-related party and government functions was vested in the Justice and Security Commission, an advisory body composed of senior party and government functionaries who monitored all the varied activities of the ministry. Party control was also exercised directly within various organs of the ministry itself, in the form of an apparatus paralleling the structure of the ministry at every level. The party organs interacted with and supervised those of the ministry. Most conventional police functions related to ordinary law enforcement and public safety were performed by the Protection Security Bureau of the Ministry of Public Security. Officers carried on the routine work of maintaining law and order and investigating offenses against persons and state property. In addition the bureau was responsible for keeping records of all vital data such as births, deaths, marriages, residence registrations, and passport approvals. Public security personnel simultaneously supervised the implementation of government policies, served as agricultural specialists and assistants, monitored the actions and movements of the people, and performed regular police duties-an array of functions that gave the ministry a powerful position in North Korean society. Other Modes of Social Control Aside from formal government and party organs, other organizations and social groups existed to strengthen social control and further socialist development. Within the school system, party cells ensured that educators maintained the appropriate ideological emphasis. Each school principal was a party member. Boys and girls aged nine to fifteen joined the Young Pioneer Corps, and youths between fifteen and twenty-six comprised the membership of the Socialist Working Youth Leaque (SWYL). Women of all ages were enrolled in the Korean Democratic Women's League, and a trade association existed for manual, clerical, and office workers. Men and women in the Worker-and-Peasant Red Guard viewed as politically reliable were charged-as were party members-with reporting "reactionary" activities taking place on the local level to the appropriate authorities. Party guidance and direction entered extensively into the pattern of daily life. Neighborhood associations existed in every urban community and throughout the country; guidance committees provided indoctrination sessions. On the farm and in the factory the system of economic management gave rise to pervasive regulation. On the cooperative farm, for example, a management committee supervised all aspects of labor and economic affairs, including the operation of the credit office and other service units. The local party chairman was a key member of this committee. Additionally, since the late 1950s all households were organized into groups of five, according to what was termed the five-family system. Relatively little was known about the system in the early 1980s; one foreign visitor left with the impression that its original purpose of guidance and discussion in both urban and rural areas had been commuted to that of raising rural living standards in the outlying areas. The Party continued to disseminate its views through a wide variety of other means, from mass media public information channels to person-to-person communication. Newspapers, radio, television, motion pictures, magazines, and other forms of communication were controlled by the Party through the ministries of public security and communication and all news was controlled and disseminated by the state-owned Korean Central News Agency. Reporting antagonistic to the regime was not allowed, and most domestic news consisted of decisions and "instructions" of the Party. Among both urban and rural elements of the population, evenings were often filled with activities directed toward sociopolitical education. Even during the lunch break period, "agitators" read newspapers and books aloud, and in rural areas "field propaganda teams" were often set up for education and indoctrination. Loudspeakers were ubiquitous, and each farm community had its own wire broadcasting system for local information broadcasts during the dinner hour and relays of programs from Radio P'yongyang. Loudspeaker broadcasts commenced as early as 6:00 A.M., and there were even loudspeaker "economic guidance trucks," which traveled the countryside disseminating speeches, instructions, and encouragement. Control over the movement and activities of the citizenry was a conspicuous fact of life. Travel could be restricted for a variety of reasons, and trucks and cars were subject to checkpoints on entrance roads to the major cities. All trucks were inspected, partly to control illegal or wasteful transit of goods. To save fuel, empty trucks were not allowed to pass. Domestic travel also required special food ration formalities and coupons as well as permission from local authorities. For ordinary people on the farm or in the community, travel was generally limited. Itineraries had to be approved, and the traveler was subject to identification checks on the road, at hotels, or at any time. Specific identification documents to be produced might include a residence card, ration card, personal identification card with information on employment and marital status, military identification or discharge papers, and union or party documents. Finally, every North Korean citizen wore a badge or button showing a picture of Kim Il Sung. The first steps taken by the Party to counter the influence of organized religion had come as part of land reform measures instituted in 1946. All land in excess of five chongbo (see Glossary) belonging to groups was confiscated; because this included church and temple lands, the economic foundation of organized religion was effectively undermined. After the Korean War, persons associated with religious organizations became suspect, and religious facilities were confiscated by the state. Those destroyed in the fighting were not rebuilt although some Buddhist temples were preserved as historical monuments. Christian church leaders fled to the south along with many of their devout followers; others apparently concealed their beliefs for fear of discrimination. Travelers to North Korea were told, "There is no need for God because we have made this place a paradise on earth." The absence of conspicuous tension and dissidence despite the shared austerity and tight restrictions could not be attributed solely to the severe constraints on the population and the variety of modes of social control, however. A large segment of the population not only apparently accepted the "democratic" centralist system but was swept up in the adulation of Kim Il Sung, whose fatherly leadership was viewed as a wellspring of sustenance and support throughout the society. Moreover the range of social benefits enjoyed by the population presumably contributed to a generalized sense of order and security. Among other rights and privileges, the state guaranteed each citizen adequate food, clothing, housing, education (to the age of sixteen), and free medical care-in effect a cradle-to-grave welfare system (see Education; Public Health, ch. 2). The state also provided for the "cultural welfare" of the people, guaranteed the right to choose one's occupation, and the right to pensions or social security. Major purges of questionable political elements occurred in the 1950s, and certain types of people continued into the 1980s to be viewed as politically suspect. According to South Korean sources, there was a category of persons labeled "elements to be watched." In this category were persons whose forebears were landlords or collaborators during the Japanese occupation or the American "invasion" during the Korean War; those who had relatives in South Korea; and those who for any reason were considered reactionary. These persons were often denied rights or guarantees accorded others and were subject to relocation far from sensitive border areas. They could not join the Party, had limited access to educational opportunities, were denied full membership in farm and industrial organizations, and were subject to strict political control and surveillance. They may have suffered punishments ranging from reeducation to death (see Social Structure and Values, ch. 2). The Judicial System The judicial structure and legal system were designed to safeguard the revolutionary ideology of the KWP and above all to protect and maintain the communist system. Despite the legacy of Neo-Confucian thought and the influence of Japanese legal concepts (patterned after the German codes of 1871), the modern North Korean legal system is based primarily upon a Soviet model. Between 1945 and 1948 North Korea was under Soviet occupation, and during this period Soviet principles and rules outlining court functions as well as the court and procurator structure were adopted. Soviet concepts were further incorporated in the Court Organization Law of March 1, 1950, and the Criminal Code and Code of Criminal Procedure, both issued on March 3, 1950. At the time of Soviet Premier Nikita Khrushchev's attack on Stalin at the February 1956 Soviet Twentieth Party Congress, differences began to appear between the Soviet and North Korean legal systems. When the Soviet Union adopted liberalizing policies as part of the de-Stalinization program, North Korea refused to follow the Soviet precedent. KWP leaders insisted upon total control of the judicial system and maintenance of the secret police and surveillance systems. The two main components of the Soviet-inspired judicial system were the offices of the court and the procurator. In early 1981 judicial authority was invested in a three-tiered court system. The Central Court, formerly the Supreme Court in P'yongyang, was the court of ultimate appeal in criminal and civil procedures. In particularly grave offenses against the state, the Central Court might serve as the appropriate venue for initial adjudication. The Central Court also served as the appeals court for decisions reached in intermediate-level provincial or special courts. As provided for in the Constitution, the Central Court supervised the judicial work of all lower courts and educated the personnel of these courts. The Central Court's decisions were seldom if ever reversed, and the court neither reviewed the constitutionality of legislative or executive action nor played the role of protector of civil liberties as against state interests. Under the Central Court were the provincial or municipal courts, which served as the courts of first and last appeal for decisions made at the district or people's courts. The provincial courts sometimes also presided over significant cases related to offenses against state power, serious crimes against individuals, or performance of official duties. Provincial courts also monitored or intervened in lower court procedures. As with the Central Court, provincial courts were staffed by a chief judge, two associate chief judges, and several regular judges. In comparison, local courts had only one judge, assisted in trials by two "people's assessors" (laymen temporarily elected to the bench). These "people's courts" were at the county (kun) level and dealt with most criminal and civil cases. Following Soviet and Chinese patterns, there were also separate special courts dealing with military crimes and offenses (see Military Training and Daily Life, this ch.). Parallel to the court system and of equal importance was the procurator's office and its subsidiary branches. According to Article 143 of the 1972 Constitution, "investigation and prosecution are conducted by the Central Procurator's Office, the procurator's offices of the province (or municipality directly under central authority), city (or district), and county and special procurator's offices." In short the procurator supervised investigations, arrests, preparation of indictments, criminal prosecution in court, and criminal trial procedures. It also maintained the right to protest and appeal judicial decisions. Thus the procurator's office functioned as a supervisory and investigatory agency charged with prosecution of crimes and with supervision of trial procedures. To make sure the judiciary was correctly interpreting the law in accordance with KWP doctrine, the procurator could intervene in civil trial procedures. In the case of "antistate crimes," however, all investigations were conducted separately and in secret by state security agencies. The procurator was not involved in the prosecution of political crimes; and, as in the Stalinist era, secret police could investigate counterrevolutionary crimes and were empowered to send people to "reeducation" camps without trial. The handling of "political" and "nonpolitical" crimes was significantly different. The North Koreans defined a crime as a "punishable act committed through intent or neglect, which has social danger infringing upon the Democratic People's Republic of Korea and the legal order established therein." Actions considered counterrevolutionary and directed against the authority of the regime were heinous crimes, often dealt with by the death penalty and confiscation of all property. Terrorist acts were similarly defined as "any violent act against any representatives of state authority, democratic parties, and social organizations, for the purpose of resisting the people's sovereignty or disrupting democratic reforms." Serious political crimes included the deliberate nonperformance or improper performance of specific work or party obligations. Acts not considered socially dangerous were less seriously regarded and generally not severely punished. Similarly, acts committed in support of Japanese colonial rule that were not considered "socially dangerous" were exempt from ex post facto prosecution. That ruling, however, further implied that anyone once associated with socially dangerous antistate elements was subject to criminal prosecution. Legal precepts were broadly defined and seldom interpreted for the benefit of the defendant. Guilt was often presumed, particularly in the case of political crimes, and the accused was therefore expected to confess. Forced confessions may have been the norm, although information concerning torture in North Korea is limited. If the P'yongyang regime wished to punish undesirable conduct not specifically proscribed by criminal or penal codes, punishment by "analogy" was possible. That is, a defendant could be tried for behavior similar to a specific crime stipulated in the criminal code. While "on-the-spot" investigations and trials were used in the late 1950s as a means to purge "bourgeois" or "hostile" classes, these "mass line" (see Glossary) procedures were apparently less common in the early 1980s. Defendants deemed mentally ill, children of fourteen and under, and those accused of taking violent actions of a nonpolitical nature in justifiable self-defense could not be prosecuted. The relative probability of the legal process protecting the individual was related to the nature of the crime. The political suspect could be seized, held indefinitely, found guilty in a secret trial, and sentenced. The verdict was often set before trial and passed on to the court by the Party or through the Ministry of Public Security or the State Political Security Department. The penalty was either preestablished or determined during the court process. Given the role of the Party in criminal procedures, the independence of the judge and the bar remained open to question in nonpolitical cases. Judges were elected to a term of four years by the Standing Committee of the Supreme People's Assembly (SPA). Neither legal education nor experience was a prerequisite. Lawyers were once primarily selected on the basis of their party standing, but in the early 1980s legal education was increasingly used as a selection criterion. In addition to the judges-many of whom were women-there were two people's assessors who shared the local court bench. These state representatives served for a shorter period of time and were much less qualified than the judges. Rules of evidence were flexible, and a judge was not necessarily bound by the evidence presented. The participation of politically selected people's assessors and procurators in trials assured centralized monitoring of judicial procedures and served as a powerful mechanism of state control. Punishment and the Penal System Punishment for criminal activity was determined by the type of crime-political or nonpolitical. According to the Penal Code, its purpose was not only to suppress resistance from the "overthrown classes" but also to counter the people's enemies or "secret agents"; to educate the entire population in the spirit of "socialist patriotism"; and to reeducate and chastise individuals for crimes stemming from old "capitalist thinking." For those accused of actions against state sovereignty or support of the Japanese or any other imperialist nation, the penalty was death and total confiscation of property, unless the defendant sincerely repented. The basic philosophy underlying the penal code reflected Korean as well as Marxist influences. Thus it decreed that the same offense (or even a more serious offense) be punished more gravely when it was committed against state sovereignty or one's own parents than when perpetrated on others. This was reminiscent of the Confucian emphasis on loyalty to the state and filial piety. Furthermore, the modern penal code prescribed three years imprisonment for the vaguely defined charge of "hooliganism"-said to be any behavior contrary to party or state interests-much in the manner that during the Yi Dynasty (1392-1910) one could be punished on the loose charge of having committed "an act that ought not to have been done." The degree of punishment apparently varied according to the extent to which the offense was viewed as potentially threatening to the stability of the social order or the safety of the citizenry. For example, an offense involving theft of personal property would merit less severe penalties than an act that physically endangered its victim. Penalties for various types of crimes ranged from death to imprisonment, correctional labor, banishment to remote areas for up to five years, confiscation of property, cash fines, limitation of rights, work status demotion, and reeducation or remolding of the accused. Clearly the official preference was for "rehabilitating" individuals through a combination of coercion and indoctrination. Those with a different ideological outlook were subject to reeducation and were not officially considered "political prisoners" while under detention. With the exception of political criminals, the state's objective was to return lawbreakers to an active role in society. Little evidence was available in early 1981 concerning the number of political prisoners. The government operated two known camps for political criminals, one in Chagang Province and the other in Yanggang Province. The Ministry of Public Security operated all prisons and labor camps. The number of recent antistate political crimes are unknown, but on the whole the KWP appeared to have been successful in its drive to "arm the people with monolithic ideology." Prospects The continued capability of the regime to maintain order depended on a number of circumstances, among which was its success in coping with the potential for subversion from abroad. Travel and identification restrictions were particularly required in areas proximate to the DMZ where efforts to subvert the system through infiltration or internal dissent were countered throughout the country by elaborate security, surveillance, and defense mechanisms. Despite the shared austerity, reports of economic unrest were infrequent; nevertheless the Party had to continue to meet rising consumer expectations or possibly face domestic pressure. At the same time a number of stabilizing elements appeared to be working for the regime in its efforts to maintain internal order. The society seemed united in popular support for the Party and a strong sense of national pride. Cohesion was further reinforced by the continuity of political leadership and the expansion of the economy, which brought extensive welfare programs. Kim Il Sung has been idolized to the degree that any successor will have a difficult time achieving Kim's status as "ever-victorious commander," "peerless patriot," and "founder and guide of the nation." Rhetorical, if not actual, militancy reinforced domestic cohesion, and for this reason, among others, a state of military preparedness and vigilance was constantly maintained.