Research Report
North Korea's Energy Law Study I - the nuclear law
I. Background and Purpose of Research
▶ Background of research
○During the long period of division, the two Koreas have established and changed different principles of operation of politics, economy, and society. Among them, it is important to look at and understand the aspects of North Korea's energy legislation by major sectors in order to narrow the heterogeneity of the inter-Korean legislation
○In the four years since the Kim Jong-un era in North Korea (2019-2022), the trend of enactment and revision of the North Korean legislation has shown significant changes not only in quantity but also in content
-It can be detected that more than 40% of the total North Korean laws identified so far have been enacted or revised by the North Korean legislation during the Kim Jong-un era. In particular, it has shown intensive legal changes in the last four years
-The widespread change in North Korea's legislation can be seen as the result of having a great influence on each other in North Korea's politics, economy, and society
○Review of the nuclear non-proliferation regime requires discussion on the concept of a nuclear non-proliferation regime for the denuclearization of the Korean Peninsula, as well as basic principles for nuclear non-proliferation and North Korea's nuclear strategy by era
-The only legal definition of a nuclear state in the international community is the Nuclear-Weapon State in the NPT, and only five permanent members of the Security Council, including the United States, Russia, the United Kingdom, France, and China, have nuclear status in the international legal sense, and India, Pakistan, and Israel are not legally recognized as nuclear but are politically recognized
-North Korea, which joined the NPT in 1985 at the recommendation of the former Soviet Union, announced its withdrawal in 2003. This background can be interpreted as a criticism of the non-proliferation system centered on the United States and a dissatisfaction with the problem of structural inequality inherent in the NPT
-Since North Korea's withdrawal from the NPT, international sanctions on continuous nuclear tests and nuclear and missile development are still in operation, and for this reason, there is no cooperation between the two Koreas for the unification of the Korean Peninsula
-Against this backdrop, we cannot rule out the possibility that the process to resolve the North Korean nuclear issue, the biggest issue in security on the Korean Peninsula, will proceed slower than we expected
▶ Purpose of the study
○The purpose of this study is to review the understanding of North Korea's recent nuclear legislation to strengthen the long-term security system on the Korean Peninsula to prepare for future unification and to stabilize the supply and demand of energy in North Korea through nuclear cooperation between the two Koreas
○This study also aims to provide research data to strengthen the security system on the Korean Peninsula in preparation for unification and to prepare countermeasures for nuclear cooperation between the two Koreas in preparation for nuclear cooperation
Ⅱ. Contents
▶ Review of North Korea's nuclear energy status and nuclear strategy trends
○North Korea's nuclear development began in the 1950s, and in 1959, North Korea signed an agreement with the former Soviet Union and promoted cooperation in human resource development and technology development
○Changes in North Korea's nuclear norms were first reviewed and decided by North Korea at a permanent meeting of the Supreme People's Assembly on January 23, 1974, and approved at the third meeting of the 5th Supreme People's Assembly (interpreted to be for joining the International Atomic Energy Agency)
○On December 31, 1991, North Korea and South Korea agreed to the ｢Joint Declaration on the Denuclearization of the Korean Peninsula한반도 and on February 12, 1992, the ｢Nuclear Act｣ was adopted as the decision No. 15 of the permanent meeting of the Supreme People's Assembly. North Korea is currently regarded as North Korea's first ｢Nuclear Act｣ that can be verified
○North Korea's nuclear strategic system explicitly states the purpose and limited use of nuclear weapons through the ｢Act on the Status of Self-Defense Nuclear Weapons and government statements issued immediately after the fourth nuclear test
○It can be said that North Korea's nuclear strategy is focused ‘suppressing attacks on North Korea’, which presupposes the limited use of nuclear weapons such as ‘no preemptive nuclear weapons’
▶ Analysis of North Korea's nuclear power law structure and key contents
○North Korea's nuclear law was enacted twice in 1974 and 1992 and was revised twice in 1999 and was recently amended and supplemented by Ordinance No. 509 of the Standing Committee of the Supreme People's Assembly on January 20, 2021. In particular, the Nuclear Law revised and supplemented in 1999 and 2021 shows significant changes in the composition of the legal system
○The recently revised and supplemented 2021 Nuclear Law consists of 46 articles divided into 6 chapters and has a legal system structure that supplements the deficiencies of the 1999 nuclear law system
○North Korea's nuclear law system consisted of a total of 20 provisions revised in 1999, and although the chapter was not separately distinguished, North Korea's nuclear law system, which was revised and supplemented in 2021, has a total of 6 chapters and 46 provisions
○North Korea's nuclear-related laws were enacted as part of the country's energy policy for safety and power generation, and representative laws include the Nuclear Safety and Management Act and the Nuclear Energy Use Act
○North Korea's Nuclear Energy Act stipulates that the construction of nuclear facilities in North Korea is limited to state nuclear power institutions or related institutions or enterprises, and the main institution and enterprise are responsible for the construction of nuclear facilities
○In addition, North Korea's nuclear management agency has the same national agency as the Nuclear Research Institute, which is in charge of nuclear energy development and safety management
○North Korea's nuclear law includes provisions for safe management of nuclear materials and prevention from nuclear accidents
○North Korea's nuclear law is closely related to the political situation and is directly related to the safety and military needs of the state. As a result, there is a lot of room for North Korea's nuclear law system to be revised and supplemented by changes in its system and strategic goals for military movement
▶ A comparative review of the North-South nuclear power legislation
○Both South and North Korea agree that nuclear power plays an important role in national development and energy security. In other words, South Korea and North Korea have pursued policies to develop and utilize nuclear technology in accordance with their respective situations, based on a common understanding that both South and North Korea can contribute to energy supply and demand and industrial development
○South Korea and North Korea legally stipulate response systems and safety management in the event of a nuclear accident, South Korea specified safety standards and accident response procedures through the Nuclear Safety Act, and North Korea prepared safety measures in the event of an accident through the Nuclear Safety Act
○South and North Korea emphasize the importance of developing and researching nuclear technology, and South Korea supports technology research and development through the Nuclear Promotion Act, which aims to strengthen industrial development and international competitiveness. North Korea is pursuing research to develop nuclear technology and pursuing technological advancement for both military and peaceful purposes
○Looking at the differences in the nuclear legislation between the two Koreas, North Korea's legal system basically does not seek the principles and methods of using and managing nuclear power from the principle of guaranteeing the basic rights of the people under the constitution as in Korea, but reflects the realistic demands of people's economic development and electricity generation
○North Korea's Nuclear Energy Act provides regulations on resource minerals related to nuclear facilities such as the Uranium Mine and the Uranium Refining Plant. This is an underground mineral in North Korea that contains the Uranium Mine, which is a major key mineral in the Nuclear Energy Act
○While North Korea's nuclear legislation maintains political control and a centralized legal system, there is uncertainty in the application and enforcement of the law, South Korea's nuclear legislation emphasizes legal transparency and accountability, and implements nuclear safety policies through independent agencies such as the Nuclear Safety and Security Commission, which is an important factor in enhancing the effectiveness of the law and building public trust
○The comparison of the two Koreas' nuclear laws shows that they have developed in very different directions depending on the political goals and strategic needs of each country. South Korea is strengthening international cooperation with an emphasis on the peaceful use and safety management of nuclear power, and North Korea has a legal basis for utilizing nuclear technology for military purposes
▶ Plans to establish an inter-Korean energy cooperation system
○South Korea is setting an international example in the peaceful use and safety management of nuclear technology, and based on this, international cooperation is needed to strengthen international cooperation for the peaceful use and safety management of nuclear technology between the two Koreas
○North Korea's lack of commitment to cooperation with the international community while using nuclear technology for military purposes will pose a major obstacle to denuclearization negotiations and require diplomatic pressure and incentives to help North Korea peacefully convert its military use of nuclear technology
○When discussing peace and denuclearization on the Korean Peninsula, the difference in nuclear legislation between South Korea and North Korea can be an important issue that must be addressed along with improving inter-Korean relations. In this regard, South Korea must encourage North Korea to take practical steps to denuclearize through cooperation with the international community, and to this end, it is necessary to build trust and strengthen cooperation through inter-Korean dialogue
○Therefore, in order for the two Koreas to move toward peaceful and safe use of nuclear technology together, it is essential not only to improve legal and institutional, but also to build mutual trust and strengthen cooperation with the international community
Ⅲ. Expected Effects
▶ Expected academic effect
○Using basic data on North Korea's nuclear power law when establishing an energy cooperation system between South and North Korea and pursuing denuclearization negotiations with North Korea
○The comparison of South and North Korea's nuclear legislation is used as an important basis for understanding how South and North Korea use nuclear technology
▶ Policy expected effects
○Providing response data for the establishment of an energy cooperation system on the Korean Peninsula through analysis of North Korea's nuclear development trends and strategies
○Providing important data for setting policy directions for denuclearization and peace settlement on the Korean Peninsula