Suggested citations
AGLC4 | 아동권리보장법 2014 [Children's Rights Protection Law of the Democratic People's Republic of Korea (2014)] [tr Daye Gang].
Bluebook | Adong Gwonlibojangbeob 2014 [Children's Rights Protection Law of the Democratic People's Republic of Korea (2014)] translated in Law and North Korea by Daye Gang, https://www.lawandnorthkorea.com/.
Adopted on December 22, Juche 99 (2010), as Directive No. 307 of the Presidium of the Supreme People’s Assembly
Amended and supplemented on March 5, Juche 103 (2014), as Directive No. 36 of the Presidium of the Supreme People’s Assembly
CHAPTER I. BASICS OF CHILDREN’S RIGHTS PROTECTION LAW
Article 1 (Objectives of Children’s Rights Protection Law)
The Children’s Rights Protection Law of the Democratic People’s Republic of Korea shall further consolidate and develop the system of guaranteeing children’s rights, and shall serve to guarantee to the utmost the rights and interests of children in all fields including social life, education, public health, family, and the legal field.
Article 2 (Definition of child)
Children are the future of the nation that will take on the future fate of the people and are the rear guard for the building of socialism. Children under this law shall be up to the age of 16.
Article 3 (Principle of guaranteeing equal rights of children)
Children in the Democratic People’s Republic of Korea shall all be guaranteed the same rights regardless of things such as their songbun at birth, gender, the office of their parent or guardian, property ownership, or bodily defects.
Article 4 (Principle of giving serious consideration to children)
Giving serious consideration to children and preferentially assuring their rights and interests is the consistent policy of the Democratic People’s Republic of Korea. The state shall always turn deep attention to the growth and development of children, and shall turn every consideration to allow all children to exercise their rights as much as they like, and so that they grow happily and without an envy in the world.
Article 5 (Principle of protecting children’s rights in the education and public health fields)
Children in the Democratic People’s Republic of Korea are the greatest beneficiaries and enjoyers of free education and free medical treatment. The State shall further consolidate and develop the universal 12-year free compulsory education system, and complete and universal free medical care to grow all children to be mentally and morally sound, and physically sturdy.
Article 6 (Principle of protecting children’s rights in the family)
Raising the role of the family is an important guarantee of the growth and development of children. The State shall turn deep attention to thoroughly guarantee the rights and interests of children in the family.
Article 7 (Principle of protecting children’s rights in the legal field)
Children shall receive special protection in the legal field. The State shall ensure that the rights and interests of children are not violated in handling cases related to children.
Article 8 (Principle of material guarantees for children)
The State shall preferentially guarantee the best things of all things required for children’s health, education and culture, and standard of life, according to the principle of “the best things to the children”.
Article 9 (International exchange and cooperation)
The State shall develop exchange and cooperation in the children’s rights protection field with different countries and international organizations.
Article 10 (Regulatory scope and application of law)
This law shall assure the rights of children and shall regulate issues arising in protecting their interests. Particulars not regulated in this law related to children’s rights protection shall follow the relevant law. International conventions the Democratic People’s Republic of Korea has ratified related to children’s rights protection shall have the same legal effect as this law.
CHAPTER II. CHILDREN’S RIGHTS PROTECTION IN THE SOCIAL LIFE FIELD
Article 11 (Right to life and right to development)
Children have the right to life and the right to development. Parents, guardians, and relevant authorities shall assure to children the right to have their life protected, and the right to mentally and physically grow smoothly to the maximum.
Article 12 (Right to have a name, right to receive care)
Children shall have the right to have a name, and the right to receive the care from the State, society, and parents, upon their birth.
Article 13 (Right to acquire citizenship according to birth)
The following children have the right to acquire the citizenship of the Democratic People’s Republic of Korea upon birth.
1. Children born between citizens of the Republic
2. Children of citizens of the Republic and a citizen of a different country, or between stateless people, residing in the territory of the Republic
3. Children born between stateless people residing in the territory of the Republic
4. Children born in the territory of the Republic but whose parents who have not been confirmed
Article 14 (Registration of birth)
Parents shall register a birth in time when a child is born. Birth registration shall be done with the relevant domicile and people’s safety institution.
Article 15 (Preserving the identity of the child)
Children have the right to preserve their identities such as their citizenship, name, and family relationships. The relevant authorities shall correctly register children’s identities and shall ensure that they are not violated.
Article 16 (Joining organizations, expression of opinion)
Children may join children’s organizations such as the Korean Children’s Union and may freely express their opinions orally or in writing through things like publications and artistic projects. Acts of expressing opinions that harm social order, public morals, or the honour or rights and interests of other people may not be done.
Article 17 (Protection of private life, family, correspondence, honour, character)
The private life, family, correspondence, honour, and character of children shall be protected by law.
Article 18 (Prohibition on kidnapping or buying and selling children)
Acts of kidnapping or buying and selling children shall not be done. Institutions, enterprises, organizations and citizens must strictly prevent acts of kidnapping or building and selling children.
Article 19 (Prohibition of child labour)
Child labour shall be strictly prohibited in the Democratic People’s Republic of Korea. Institutions, enterprises, organizations and individual citizens may not do acts of forcing children to do labour.
Article 20 (Right to complaints, petitions)
Children can make complaints and petitions. Relevant institutions, enterprises and organizations shall receive complaints and petitions of children in time and shall treat them responsibly, and must not do acts of stifling them or treating them carelessly.
Article 21 (Protection of children in exile)
The Democratic People’s Republic of Korea shall protect by law the rights of children who have been exiled to the Republic with their parents or guardians, or children who have individually entered the territory of the Republic.
CHAPTER III. CHILDREN’S RIGHTS PROTECTION IN THE EDUCATION AND PUBLIC HEALTH FIELDS
Article 22 (Requirement to better allocate the benefits of the education or public health fields for children)
Education and public health play an important role in children’s growth and health promotion. The Cabinet, education guidance institutions, and public health guidance institutions shall sufficiently assure every condition to correctly allocate the benefits of the State that go to children.
Article 23 (Right to free compulsory education)
Children have the right to receive universal compulsory twelve-year education. Universal compulsory twelve-year education shall be executed for free.
Article 24 (Children’s education institutions)
Cabinet, regional People’s Committees, and relevant authorities shall well manage school education institutions and social education institutions for children’s education and must operate it correctly so that all children can learn as much as they like. School education institutions include kindergartens, primary schools, and high schools, and social education institutions include things like libraries, children’s palaces, student and children’s meeting halls, and juvenile camps.
Article 25 (Admission of children and guarantee of graduation)
Education guidance institutions and regional People’s Committees must command and admit school-aged children without fail. Children’s education institutions and parents must assure sufficient conditions so that children can completely finish the school education process and graduate.
Article 26 (Respecting the character of children)
Children’s education workers must always be role models for children, and must not in any case look down on the character of children, discriminate against them, or do acts such as swear, interrogate, insult, or beat them.
Article 27 (Right to develop wishes and abilities)
Children have the right to develop their wishes and abilities. Education guidance institutions and regional People’s Committees shall assure the conditions for children with special abilities being able to receive education according to their wishes.
Article 28 (Right to rest and to cultural and aesthetic standards)
Children have the right to rest and to cultural and aesthetic standards. Regional People’s Committees at each level and institutions, enterprises and organizations shall well manage facilities like theatres, movie theatres, parks, playgrounds, zoos, botanical gardens, and shall correctly operate them to arrange profitable conditions and environments to give sufficient rest and cultural and aesthetic standards to children.
Article 29 (Creation and dissemination of publications and literary works)
Relevant authorities including publishing institutions shall make and disseminate books of each kind, including textbooks, reference books, and literary works, required for the growth, education, and culture of children, in conformity with the psychology and demands of children.
Article 30 (Protection of children with disability)
Children with disabilities have the right to receive the same education and treatment as other children. Education guidance institutions, public health guidance institutions, and regional People’s Committees shall correctly operate blind and deaf schools, and must smoothly assure the conditions required for the education, treatment, and standard of life of children with disabilities.
Article 31 (Nurturing children who do not have carers)
Children who cannot receive the care of parents or guardians shall be raised at the State’s expense in orphanages, nursery schools, and private education institutes.
Article 32 (Guarantee of children’s education conditions in remote areas)
Education guidance institution and regional People’s Committee must smoothly assure education conditions for children from areas very distant from residential areas such as deep mountains and remote islands.
Article 33 (Right to receive free medical treatment)
Children have the right to receive the benefits of complete and universal free medical care.
Things like consultation fees, experiment and test fees, medicine prices, inpatient treatment fees, recuperation fees, expenses for coming and going from sanatoria, health examination expenses, medical consultation expenses, and braces expenses for preventing or treating paediatric illness shall be fully borne by the State.
Article 34 (Medical services for children)
Public health guidance institutions and regional People’s Committee shall place medical workers in creches, kindergartens, and schools, shall smoothly supply medical equipment and medicine and medical supplies, and must responsibly look after the health of children. For ill children, specialist medical institutions must become involved in time to treat them.
Article 35 (Placement of children’s hospitals and wards)
Public health guidance institutions and regional People’s Committees shall manage specialist children’s hospitals or paediatric wards to prevent and treat children’s illnesses in required places, and shall correctly administer and operate them to reliably grow all children.
Article 36 (Health promotion of children through sanatoria)
Public health guidance institutions and regional People’s Committees shall well manage thermal springs, mineral waters, beaches, places with good views, and sanatoria so that children actively use them, and shall responsibly assure every condition to promote their health.
Article 37 (Guarantee of nutritional supplements, nutritional foods, daily necessities)
Relevant institutions and enterprises shall develop more nutritional supplements, nutritional foods, and daily necessities required for the health and growth of children, and must produce and assure them in a planned way. Child supplies supply institutions, relevant commerce institutions, and education institutions must ensure that produced products are correctly supplied to children.
CHAPTER IV. CHILDREN’S RIGHTS PROTECTION IN THE FAMILY
Article 38 (Basic requirements of children’s rights protection in the family)
The family is an important base for children’s standard of life. Parents shall guarantee a family environment that is profitable for the growth and development of children, and must always turn their deep attention to their education and culture.
Article 39 (The right to receive the care and education of parents)
Children have the right to receive the care and education of parents. Parents shall become role models to their children, and must nurture and educate them well to grow them into laborers of the country who are knowledgeable, morally sound and physically healthy.
Article 40 (Responsibility of parents or guardians for children with disabilities)
Parents or guardians shall pay special attention to the education and culture for children who have bodily defects, and must responsibly look after their standard of life and health.
Article 41 (Guarantee of State conditions for the care and education of children)
Local political institutions and relevant institutions, enterprises and organizations shall assure sufficient conditions for parents to soundly care for and educate children within the family.
Article 42 (Respect of wishes of children within the family)
Families must respect the wishes of the children to the maximum, and must not neglect or look down upon them.
Article 43 (Prohibition on punishment within the family)
Families must not do acts against children such as abuse, neglect, swearing, interrogation, beating.
Article 44 (Selection of guardians)
Guardians shall be determined for children who cannot receive the care of parents. A guardian of a child may be grandparents or siblings.
Article 45 (Fostering or adoption of children)
Citizens may foster or adopt the child of other people. In these cases, they must care for and educate fostered or adopted children like their biological children. The fostering or adoption rights of children shall be protected by law. People who have been deprived of the right to vote, people with an illness that can cause harm to the health of children, and other people who do not have the ability to care for or educate children, may not foster or adopt children.
Article 46 (Right of inheritance of children)
Children have the right of inheritance. Relevant authorities and citizens must not do acts to violate the right of inheritance for the reason that they are a child.
CHAPTER V. CHILDREN’S RIGHTS PROTECTION IN THE LEGAL FIELD
Article 47 (Basic requirements of children’s rights protection in the legal field)
In cases where law institutions handle child crimes, they must sufficiently assure the rights accorded to children at all stages of handling the case.
Article 48 (Prohibition on interrogation and death penalty for criminal liability against children)
Criminal liability shall not be imposed on children who have not reached 14 years, and for children who have reached the age of 14 at the time of committing the crime, the death penalty shall not be applied.
Article 49 (Application of social education procedures)
In cases where a child who has reached the age of 14 years has committed a crime, the foundation shall be to apply social education procedures. A child who has received social education procedures shall not be discriminated against compared to a child who has not committed a crime.
Article 50 (Right to receive assistance from counsel)
A child over the age of 14 who has committed a crime has the right to receive the assistance of counsel. Law institutions shall assure the conditions for the child selecting counsel and receiving his or her assistance.
Article 51 (Respecting character of children in handling cases)
Law institutions must respect the character of children to the utmost in the process of handling child crime. Acts of causing children to admit to the crime or inducing a statement through coercive methods may not be done.
Article 52 (Attendance of guardian at the witness examination of a child)
In cases where law institutions take a child as a witness to examine him or her, an observer like his or her parent, guardian, or teacher must be caused to attend. A child may not be examined as a witness without the attendance of an observer.
Article 53 (Notification of arrest, detention)
In cases where a law institution has arrested or detained parents of children as criminals, it must inform the children of things such as the reason for the arrest or detention, or the place of detention, as long as there is no harm to the children.
Article 54 (Education to prevent divorce)
Divorce shall be the unhappiness of children. Parents must not divorce for the growth and development for the children. In cases where the issue of a married couple divorcing with children is raised, institutions, enterprises, organizations and courts must educate them so that, in the interests of the children, the married couple does not separate.
Article 55 (Care for children upon divorce)
In cases where parents divorce, the issue of caring for the children shall be determined by agreement by the parties adhering to the interests of the children. In cases where an agreement is not formed, the court shall determine it. As long as there is no inevitable reason, the mother shall care for children under 3 years of age.
Article 56 (Child support expenses)
Parties not caring for the children must pay child support expenses every month to the party who has care of the children until the children reach working age. Child support expenses shall be determined by the court within the scope of 10%~30% of the monthly income, according to the number of children.
CHAPTER VI. GUIDANCE AND CONTROL FOR CHILDREN’S RIGHTS PROTECTION WORK
Article 57 (Guidance for children’s rights protection work)
Guidance for children’s rights protection work shall be done by the education guidance institution, public health guidance institution, and regional People’s Committees under the standardized guidance of the Cabinet. Education guidance institutions, public health guidance institutions and regional People’s Committees shall correctly adopt the guidance system for children’s rights protection work and shall normally command and guide it.
Article 58 (Scientific research related to child protection)
The State shall sturdily manage relevant scientific research institutions and strengthen scientific research for child protection.
Article 59 (Guarantee of funds, resources, facilities, and supplies)
State planning offices, financial banking institutions, and the relevant authorities must preferentially assured things like the funds, resources, facilities, and supplies required for child protection work.
Article 60 (Societal support for the education and public health work of children)
Education, culture, and public health work for children is the work of the whole State and the whole society. Institutions, enterprises and organizations must strengthen societal support for education and cultural work and public health work for children.
Article 61 (Supervision and control for children’s rights protection work)
Supervision and control for children’s rights protection work shall be done by education guidance institutions, public health guidance institutions, regional People’s Committees, and the relevant supervision and control institution. Education guidance institutions, public health guidance institutions, regional People’s Committees, and relevant supervision and control institutions must strictly supervise and control the state of children’s rights protection work.
Article 62 (Administrative or criminal responsibility)
Responsible workers in institutions, enterprises and organizations, and individual citizens, who have caused interference to children’s rights protection work by violating this law, administrative or criminal responsibility shall be imposed depending on the gravity.
Last updated 27 September 2020