to death a week after being dismissed from their positions for not following Kim Jong Un’s orders.8
The current North Korean Criminal Law stipulates the death penalty as the most severe statutory punishment for conspiracy to overturn the State, terrorism, treason against the fatherland, crimes of clandestine destruction, treason against the people, illegal cultivation of opium/manufacturing of narcotics, trafficking/
distribution of narcotics, and premeditated murder. The following
<Table Ⅱ-2> indicates crimes punishable by death under the Criminal Law, and their elements and related statutory penalties.
TableⅡ-2 Crimes Subject to Capital Punishment under the Criminal Law and their Elements and Statutory Penalties Conspiracy to
overturn the State (Article 60)
Extremely serious cases of participation in political revolts, civil disturbances, demon- strations or violent attacks, and conspiracies for anti-state purposes.
Unlimited-term correctional labor punishment or death penalty and confiscation
of property
Terrorism (Article 61)
Extremely serious cases of murder, kidnapping or harming of officials or citizens for anti- state purposes.
Unlimited-term correctional labor punishment or death penalty and confiscation
of property Treason
against the fatherland (Article 63)
Extremely serious cases of betraying the fatherland by fleeing and surrendering to another country; betraying the fatherland or turn over secrets to the enemy.
Unlimited-term correctional labor punishment or death penalty and confiscation
of property Crime of
clandestine destruction (Article 65)
Extremely serious cases of disloyal destruction for anti-state purposes
Unlimited-term correctional labor punishment or death penalty and confiscation
of property
Treason against the
people (Article 68)
Extremely serious cases of treason against nationals where Korean nationals, living under imperialist rule, engage in persecution of North Korea’s National Liberation Movement, hinder the struggle for unification of the fatherland, or sell the benefits of Korean
Unlimited-term correctional labor punishment or death penalty and confiscation
of property
In particular, it should be noted that the death penalty was added as the statutory penalty for crimes related to the cultivation of opium and manufacturing of narcotics in the 2013 Criminal Law. As cases of illegal cultivation of opium or manufacturing of narcotics are increasing, it seems that the punishment for such crimes has been reinforced.
Illegal cultivation of
opium and manufacturing
of narcotics (Article 206)
Extremely serious cases of cultivating large amounts of opium or manufacturing of narcotics.
Unlimited-term correctional labor punishment or death
penalty Trafficking/
distribution of narcotics (Article 208)
Extremely serious cases of trafficking/
distribution of large amounts of narcotics.
Unlimited-term correctional labor punishment or death
penalty Premeditated
murder (Article 266)
Extremely serious cases of premeditated murder based on greed, jealousy or other despicable motivation.
Unlimited-term correctional labor punishment or death
penalty
TableⅡ-3 Change of Provisions in Criminal Law related to the Cultivation of Opium and Manufacturing of Narcotics
Criminal Law of 2012
Article 206 (Crime of illegal cultivation of opium, manufacturing of narcotics/toxic materials)
Those who illegally cultivated opium or manufactured narcotics/toxic materials shall be subject to up to one year of labor training punishment.
In cases where the above paragraph’s act is serious, they shall be subject to up to five years of correctional labor punishment.
Criminal Law of 2013
Article 206 (Crime of illegal cultivation of opium, manufacturing of narcotics/toxic materials)
Those who illegally cultivated opium or manufactured narcotics/toxic materials shall be subject to up to one year of labor training punishment.
Those who cultivated large amounts of opium or narcotics/toxic materials shall be subject to up to five years of correctional labor punishment.
Those who cultivated particularly large amounts of opium or narcotics shall be subject to five years or more and up to ten years of correctional labor punishment. When the case is serious, they shall be subject to ten years or more of correctional labor punishment.
When the act in Paragraph 3 is particularly serious, they shall be subject to lifetime correctional labor punishment or the death penalty.
Criminal Law of 2015
Article 206 (Crime of illegal cultivation of opium, manufacturing of narcotics)
Those who illegally cultivated opium or manufactured narcotics/toxic materials shall be subject to up to one year of labor training punishment.
Those who cultivated large amounts of opium or narcotics/toxic materials shall be subject to up to five years of correctional labor punishment.
Those who cultivated particularly large amounts of opium or narcotics shall be subject to five years or more and up to ten years of correctional labor punishment. When the case is serious, they shall be subject to ten years or more of correctional labor punishment.
When the act in Paragraph 3 is particularly serious, they shall be subject to unlimited-term correctional labor punishment or the death penalty.
Meanwhile, North Korea established a unique supplementary provision, the Addendum to the Criminal Law (General Crimes), in 2007. The Addendum reinforced the punishment for general crimes, some of which are subject to the death penalty or the death penalty together with confiscation of property. Moreover, the
Addendum to the Criminal Law stipulates that “cases where multiple crimes committed by a single criminal are extremely serious or the criminal displays no feeling of remorse (gaejunseong)”10 at all are punishable by the death penalty. This is a serious issue, as it means that the range of crimes for which the death penalty is applicable can be broadly expanded. However, according to the 2010 Addendum to the Criminal Law, which was obtained in 2017, North Korea decreased the number of crimes punishable by death, and the unlimited-term of correctional labor punishment was added to the crimes that were previously only punishable by death or the death penalty together with confiscation of property.11 This is a slight improvement, considering that the number of crimes subject to the death penalty decreased, and certain crimes are punishable not just by the death penalty but also by restricting physical freedom. Crimes subject to capital punishment under the Addendum to the Criminal Law (General Crimes) of 2007 and 2010, and their statutory penalties, can be seen in <Table Ⅱ-4>.
10_The word gaejunseong seems to mean gaejeon, which refers to a sense of remorse and a change of heart.
11_The provision was revised on 26 October 2010, according to the ordinance 1152 and order 44 of the Supreme People’s Assembly.
TableⅡ-4 Crimes Subject to Capital Punishment under the Addendum to the Criminal Law (General Crimes) of 2007 and 2010 and their Statutory Penalties
Addendum to the Criminal Law of 2007
Extremely serious willful destruction of combat equipment and military
facilities (Article 1)
Death penalty
Extremely serious plundering of state property
(Article 2)
Death penalty with confiscation of property Extremely serious theft of state
property (Article 3)
Death penalty with confiscation of property Extremely serious willful destruction or
damaging of state property
(Article 4) Death penalty
Extremely serious counterfeiting of currency
(Article 5) Death penalty
Extremely serious smuggling/trafficking of precious or
colored metals (Article 6)
Death penalty with confiscation of property
Smuggling of state resources (Article 8)
Unlimited-term correctional labor punishment or death penalty with confiscation
of property Extremely serious
smuggling/trafficking or narcotics (Article 11)
Death penalty with confiscation of property
Extremely serious escape by a prisoner (Article 14)
Unlimited-term correctional labor punishment or death
penalty Extremely serious misdemeanor
(Article 17)
Unlimited-term correctional labor punishment or death
penalty Operation of unlawful business
(Article 18)
Unlimited-term correctional labor punishment or death
penalty
Extremely serious deliberate infliction of serious injury
(Article 19)
Unlimited-term correctional labor punishment or death
penalty Extremely serious kidnapping
(Article 20) Death penalty
Extremely serious rape (Article 21)
Unlimited-term correctional labor punishment or death
penalty Extremely serious theft of private
property (Article 22)
Death penalty with confiscation of property Other exceptional crimes subject to
unlimited-term correctional labor punishment or death penalty
(Article 23)
Unlimited-term correctional labor punishment or death
penalty
Addendum to the Criminal Law of 2010
Extremely serious willful destruction of combat equipment and military
facilities (Article 1)
Unlimited-term correctional labor punishment or death
penalty Extremely serious plundering of state
property (Article 2)
Unlimited-term correctional labor punishment or death penalty with confiscation
of property Extremely serious theft of state
property (Article 3)
Unlimited-term correctional labor punishment or death penalty with confiscation
of property Extremely serious willful destruction or
damaging of state property (Article 4)
Unlimited-term correctional labor punishment or death
penalty Extremely serious counterfeiting of
currency (Article 5)
Unlimited-term correctional labor punishment or death
penalty Extremely serious
smuggling/trafficking of precious or colored metals
(Article 6)
Unlimited-term correctional labor punishment or death penalty with confiscation
of property
Extremely serious escape by a prisoner (Article 7)
Unlimited-term correctional labor punishment or death
penalty Extremely serious kidnapping
(Article 8)
Unlimited-term correctional labor punishment or death
penalty Extremely serious rape
(Article 9)
Unlimited-term correctional labor punishment or death
penalty Extremely serious theft of private
property (Article 10)
Unlimited-term correctional labor punishment or death penalty with confiscation
of property Other exceptional crimes subject to
unlimited-term correctional labor punishment or death penalty
(Article 11)
Unlimited-term correctional labor punishment or death
penalty
How the laws and regulations on capital punishment are actually implemented is confirmed based on the testimonies of North Korean defectors who personally witnessed public executions.
Several defectors claimed to have witnessed people being executed for narcotics transactions, watching/distributing South Korean video recordings, murder, plundering, stealing or destroying State property, human trafficking, sexual violence, etc.
What is noteworthy here is that the number of executions due to narcotics transactions or watching/distributing South Korean video recordings has risen over the last few years. In the 2017 survey, relevant testimonies were collected. A North Korean defector from Pyoksong County, South Hwanghae Province, who entered
South Korea in 2017, testified to having witnessed about twenty people being shot to death for transporting narcotics and watching/
distributing South Korean video recordings.12 Another North Korean defector testified to having witnessed five men in their 30s and 40s being executed by shooting in Pyeongseong, South Pyeongan Province in March 2015, after an open trial for charges of watching unseemly recordings and consuming narcotics.13 This White Paper assesses that the North Korean authorities are reinforcing their crackdowns and punishments on such cases because narcotics are spreading across North Korea and an increasing number of North Koreans are watching/distributing South Korean video recordings.
TableⅡ-5 Testimonies of Death Penalty Executions Related to Narcotics or South Korean Recordings
Testimonies Testifier ID
In 2013, three men and one woman (including cousin and cousin-in-law) were shot to death on the banks of Susong Stream, Cheongjin, North Hamgyeong Province, for trading drugs (bingdu).
NKHR2013000155 2013-08-20 In 2013, a man (in his mid-40s) and a woman (in her early 50s)
were shot to death on the banks of Susong Stream, Cheongjin, North Hamgyeong Province, for trading 9 and 12kg of narcotics, respectively.
NKHR2013000163 2013-09-03 In 2013, two university students were shot to death in
Jedangryong, Hyesan, Yanggang Province, for taking narcotics and watching South Korean adult videos.
NKHR2014000109 2014-07-29 In 2013, three people, including a student of Hyesan University
of Agriculture and Forestry, were shot to death on charges related to narcotics and copying and distribution of Korean CDs.
NKHR2015000072 2015-04-07
12_NKHR2017000073 2017-08-28.
13_NKHR2017000083 2017-09-25.
Testimonies Testifier ID In January 2013, two men were executed in Sunam District,
Cheongjin, North Hamgyeong Province for a crime related to South Korean video recordings and drugs (bingdu).
NKHR2014000056 2014-05-20 In October 2013, three people (including one man and one
woman) were shot to death in Pyeongseong, South Pyeongan Province for trading drugs (bingdu).
NKHR2014000158 2014-09-23 In October 2013, two men were shot to death in Sinuiju, North
Pyeongan Province, for trading drugs (bingdu).
NKHR2015000034 2015-02-10 In October 2013, a man in his 40s or 50s was shot to death in
Cheongjin, North Hamgyeong Province after open trial for transporting narcotics and Korean CDs.
NKHR2016000091 2016-06-14 In the winter of 2013, two men were shot to death in
Yeonbong-dong, Hyesan, Yanggang Province, for watching/
distributing South Korean recordings.
NKHR2017000112 2017-11-20 In 2014, two men were shot to death for watching Korean
drama and crimes related to narcotics at an airfield in Hyesan, Yanggang Province.
NKHR2015000027 2015-02-10 In May 2014, two men were shot to death for trading drugs
(bingdu) in hop farm, Yeonbong-dong, Hyesan, Yanggang Province.
NKHR2015000039 2015-02-24
Meanwhile, in the 2017 survey, some defectors testified that they have witnessed the death penalty being carried out for committing human trafficking. According to a North Korean defector, three men and four women were shot to death at an airfield in Hyesan, Yanggang Province, in October 2016, after an open trial on charges of human trafficking and facilitation of prostitution.14 A woman from Pyongyang testified to the execution of the death penalty for the crime of stealing national confidential documents. According to the woman, a gang of pickpockets was
caught stealing financial documents from public welfare workers of the Supreme Guard, and six of them were executed as a result.15