Research Report
Ⅰ. Backgrounds and Purposes
▶ Research Background
○ The development of information and communications technology and the universalization of internet usage have propelled countries around the world into the information age, giving rise to unprecedented legal disputes and issues.
○ Beginning with the 「Telecommunications Act」, which was enacted in 1961, a number of laws are being enacted and amended in the information and communications technology (ICT) sector in South Korea.
○ Compared to South Korea, North Korea was late in enacting ICT legislation; such laws are not only significantly fewer in number than similar laws in South Korea, but have significantly differing content as well.
▶ Research Purpose
○ The purpose of this research is in apprehending North Korea's ICT legal system and analyzing and comparing it to its South Korean counterpart. This research would henceforth contribute to exchange and cooperation in the ICT field between the two countries and could be used long term as reference data for legislative integration between North and South Korea.
Ⅱ. Major Content
▶ History of the ICT Law of North Korea
○ North Korean law uses the term "postal" instead of "information and communications" or "information and communications technology industry." In the 「Postal Law」, as enacted in 1997, "postal" is differentiated into telecommunications, postal communication, and broadcasting. This set of laws was the first set of laws to be enacted in the ICT field, and can be considered the most fundamental piece of legislation in the field.
○ North Korea enacted the 「Law on the Protection of Computer Software」 in 2003, and the 「Law on the Software Industry」 in 2004. These laws, in setting forth in law matters concerning computer software that have not been covered in the existing 「Postal Law」, were enacted to facilitate the development of the North Korean software industry and protect related intellectual property rights.
○ The 「Law on Radio Wave Management」, enacted in 2006, set forth in law matters concerning the registration and utilization of radio wave facilities such as wireless communication facilities, broadcasting facilities, and special electronic facilities, which supplemented and refined the regulations of the existing 「Postal Law」.
○ On December 14th, 2011, North Korea enacted the 「Telecommunications Law」, the 「Law on Computer Network Management」, and the 「Law on Electronic Authentication」. The enactment of these three laws is related to the propagation of mobile phones and computer networks and the ensuing provision of computer information services and activation of electronic transactions.
○ In connection with the field of broadcasting, North Korea first enacted the 「Law on Broadcasting Facilities」 in 2012, and in 2015 subsequently enacted the 「Broadcasting Law」. The 「Law on Broadcasting Facilities」 supplements and refines the content that is set forth in Chapter 4 of the existing 「Postal Law」 and the 「Broadcasting Law」 stipulates basic matters concerning broadcasting in addition to broadcasting facilities.
○ North Korea enacted the 「Law on Mobile Communication」 in 2020, the specific content of which has not yet been made public but which stipulates the principles of the mobile telecommunications business.
▶ Comparison of the ICT Laws of South Korea and North Korea
○ (Form of Norms) In the case of South Korea, ICT laws are extensive in both number and content. In the case of North Korea, ICT laws are very few in number, with the content stipulating general, declarative statements. Moreover, in the South Korea, there exists, in addition to each ICT law, enforcement decrees (presidential decrees) and enforcement rules (administrative decrees) as subordinate statutes. In addition, detailed and technical matters are stipulated through notices and guidelines. In contrast, in North Korea, acts of law exist only in "sector law" format and no additional statutes in the form of regulations or detailed rules have been confirmed.
○ (System of Norms) There exists no standard classification system for norms in South Korea despite the proliferation of ICT laws and their complexity. The reason is because ICT laws are not enacted according to a standard criteria or a long term plan, but in immediate response, without due consideration, to changing realities or changes in government policies. The same could be said for the case of North Korea. That is, in 1997, North Korea enacted the fundamental ICT law that is the 「Postal Law」, but subsequent laws were enacted not in accordance to any long term plans but immediately in response to urgent realities or policy needs, which is why it is not possible to identify any standard system in the North Korean ICT legal system. However, if we were to dissect North Korean ICT law, it would be possible to differentiate it into the following categories : the basic sector (Postal Law), the telecommunications sector (Law on Telecommunications, Law on Radio Wave Management, Law on Computer Network Management, Law on Mobile Communication), the electronic transactions sector (Law on Electronic Authentication), the broadcasting sector (Law on Broadcasting Facilities, Broadcasting Law), and the software sector (Law on the Software Industry, Law on the Protection of Computer Software).
○ (Content of Norms) In North Korea, ICT is less of a means of improving the quality of life of North Korean citizens and more of a means for centralized rule. Thus, there is very little in the ICT law of North Korea that concerns the guarantee of protection of rights of North Korean citizens and the protection of users, with most of the content concerning the construction of a national ICT network and its stable management, direction, and supervision. Because all ICT industries are monopolized by the government and there is no market based on supply and demand, all matter pertaining to ICT, such as usage fees, is under direct control of the government and corporate autonomy is not guaranteed. As such, the ICT laws of North Korea have virtually no stipulations regarding the regulation of unfair competitive activities of business operators or the protection of users' rights or their personal information. Additionally, as punitive regulations for violation of the laws are very abstract and simple, there remains the problem of the content of administrative and criminal responsibility being very unclear. North Korea, in only regarding the ICT sector as a means for governance, fails to properly take into account its industrial aspects, and thus the ICT laws of North Korea have no institutional mechanisms in place for the development of their ICT industry. As of present, the goals of "ICT convergence" and "implementation of an intelligence information society" that South Korean ICT laws strive for is a long way off for North Korea.
Ⅲ. Conclusion
○ Presently, the ICT laws of North Korea fail to provide institutional mechanisms for developing their ICT into an "industry" to spearhead their national economy. For North Korea to nurture and develop its ICT industry, in the short term it needs to give up on its nationalization policies and actively attract foreign investment. For this to happen, a revision of the North Korean Constitution and its 「Postal Law」 is required, along with foreign relations law clearly stipulating the ICT sector as a sector in which foreign investment is viable.
○ In the long term, North Korea needs to open up North Korean society and change its perspective of ICT. That is, it must regard ICT not as a tool for centralized rule by the government, but as an invaluable means of improving the quality of life for their citizens and advancing their interests based on the values of human dignity. Subsequently, they need to set forth in ICT laws the allowance of free access and usage of information and communication networks and matters pertaining to the protection of user rights and personal information.