Suggested citations
AGLC4 | 변호사법 1993 [Lawyers’ Law of the Democratic People's Republic of Korea (1993)] [tr Daye Gang].
Bluebook | Byeonhosabeob 1993 [Lawyers’ Law of the Democratic People's Republic of Korea (1993)] translated in Law and North Korea by Daye Gang, https://www.lawandnorthkorea.com/.
Adopted on December 23, 1993, as a Decision of the Standing Committee of the Supreme People’s Assembly
CHAPTER I. BASICS OF LAWYERS’ LAW
Article 1 (Objectives of Lawyers’ Law)
The Lawyers’ Law of the Democratic People’s Republic of Korea shall raise the role of lawyers to protect the legal rights and interests of institutions, enterprises and organizations and citizens, and shall serve to assure the correct implementation of the law.
Article 2 (Principle of protection of lawyers’ activities)
Lawyers in the Democratic People’s Republic of Korea shall assure human rights through legal activities and legal aid, and shall support the legal system of the State. The State shall protect the activities of lawyers by law.
Article 3 (Content of lawyers’ activities)
Lawyers shall act as the legal advisers of counsel, legal representatives for lawsuits, legal representatives of acts of civil legal affairs, and institutions, enterprises and organizations, and shall draft and deliberate on documents that give legal advice and have legal significance.
Article 4 (Principle of free choice of lawyer)
The State shall guarantee the right to freely choose a lawyer who can aid or legally represent institutions, enterprises, organizations and citizens to perform lawsuits and legal acts. Corporations and individuals of other countries within the territory of the Republic may also receive the legal advice of lawyers.
Article 5 (Fundamental principles of lawyers’ activities)
Assuring fairness, objectivity, and scientificity is the fundamental principle of lawyers’ activities. Lawyers shall act based on the law and act based on facts.
Article 6 (Principle of independence of lawyers’ activities)
The State shall guarantee the independence of lawyers’ activities.
Article 7 (Principle of training lawyers)
The State shall pay deep attention to the work of training lawyers, and must strictly do the lawyer qualifications assessment.
Article 8 (Guidance of lawyers’ committee)
Lawyers shall act under the guidance of the relevant lawyers’ committee.
CHAPTER II. RIGHTS AND DUTIES OF LAWYERS
Article 9 (Rights of lawyers)
Lawyers have the following rights.
1. They may view the criminal case record and may confer or trade correspondence with defendants or accused.
2. They may confer with witnesses or expert witnesses.
3. They may collect and confirm evidence required for defending a case, and in cases where there is a special reason to preserve evidence, they may apply to the court to hear the evidence before the court proceedings.
4. They may request the perusal and submission of documentary evidence or exhibits required for defending a case from relevant institutions, enterprises, organizations and citizens.
5. They may raise the opinions required to guarantee the right of defence of defendants or accused to the Public Prosecutor or the court.
6. They may appeal to a higher Court for the first instance judgment or finding of their cases, and may participate in the appeal court proceedings hearing the appeal.
Article 10 (Implementation of the laws and regulations of the State)
Lawyers shall know the laws and regulations of the State well, and shall respect it and correctly implement it.
Article 11 (Assistance in explanation of and adherence to the law)
Lawyers explain the laws and regulations of the State to the people, and must assist them to keep them well.
Article 12 (Counsel)
In cases where lawyers act as the counsel in a criminal case according to the application of the defendant or the accused, or the request of the court, they shall correctly state the truth of the case and correctly analyse and evaluate it to allow a fair judgment to be handed down, and must assure the legal rights and interests of the defendant or the accused.
Article 13 (Legal representatives, legal advisers)
Lawyers must responsibly perform the duties of legal representatives in lawsuits, legal representatives in acts of civil legal affairs, and legal advice, following the authorization of institutions, enterprises, organizations and citizens.
Article 14 (Drafting and deliberating on legal advice and documents)
Lawyers must correctly do the drafting and deliberation on legal advice following the application of institutions, enterprises, organizations and citizens, and on documents that have legal significance in time.
Article 15 (Confidentiality)
Lawyers must thoroughly abide by the confidentiality of institutions, enterprises, organizations and citizens they come to know during the performance of their duties.
Article 16 (Receipt of applications to receive legal aid)
Lawyers shall receive the applications of institutions, enterprises, organizations and citizens requiring legal aid orally or in writing.
Article 17 (Adherence to civil law in legal representation activities)
In cases where a lawyer is acting as the legal representative of a lawsuit or a legal representative for acts of civil legal affairs, things like the authorization process for the legal representation, the legal effect of the representative acts, and the lapse of the authority of legal representation shall follow the relevant provisions of the civil law.
Article 18 (Prohibition on legally assisting or legally representing both sides)
Lawyers may not legally assist or legally represent defendants or accused whose interests are different from each other, or parties to a civil legal relationship, at the same time. However, in cases where there are several accused in a case, a lawyer may legally assist them at the same time according to their requirements.
Article 19 (Rejection of legal aid applications)
In cases where a person applying for legal aid does not correctly state the facts, or that application violates the law, a lawyer may reject that request.
CHAPTER III. LAWYERS’ QUALIFICATIONS
Article 20 (Qualifications of Lawyers)
As citizens of the Democratic People’s Republic of Korea, people who meet the following requirements may become lawyers.
1. People who have the qualifications of a legal professional
2. People who were working in the legal sector for over 5 years
3. As someone who has professional qualifications in the relevant field, people who have received short-term legal education and have passed lawyer examinations.
Article 21 (Lawyers with additional jobs)
Lawyers may not also serve in a job where they receive remuneration. Holders of law degrees or legal academic positions at a university or scientific research institution may work as lawyers as an additional job.
Article 22 (Qualifications assessment of lawyers)
Lawyer qualifications assessments shall be done by the central committee of the Choson lawyers’ association. Lawyer qualifications assessment shall be done according to a separately determined process.
Article 23 (Grant of qualifications of lawyers of the Republic to lawyers of other countries)
Lawyers of other countries may be given lawyer qualifications of the Republic from the principle of reciprocity. Lawyers of other countries who have lawyer qualifications of the Republic may only handle issues related to corporations and individuals of other countries, and laws of other countries.
Article 24 (Disqualification of lawyers)
In cases where a lawyer violates the law or neglects his or her job and damages the interests of institutions, enterprises, organizations and citizens, he or she may be deprived of his or her lawyer qualifications. The deprivation assessment of lawyer qualifications shall be done by the central committee of the Choson lawyers’ association.
CHAPTER IV. REMUNERATION OF LAWYERS
Article 25 (Remuneration conditions of lawyers)
The remuneration of lawyers shall be received in the following cases by taking into consideration things like the importance, complexity, and results of the work performed by the lawyer.
1. In cases where he or she has acted as counsel in a criminal case
2. In cases where he or she has acted as the legal representative in a lawsuit or the legal representative in acts of civil legal affairs
3. In cases where he or she has given legal advice or drafted or deliberated on a document that has legal significance
Article 26 (Standards of remuneration for lawyers)
Lawyer remuneration standards shall be determined by the central committee of the Choson lawyers’ association. The relevant lawyers’ committee must correctly receive lawyers’ remuneration based on the designated standards.
Article 27 (Exemption from remuneration of lawyers)
The relevant lawyers’ committee may exempt a part or the whole of a lawyer’s remuneration as necessary.
CHAPTER V. LAWYERS’ ORGANIZATION
Article 28 (Establishment of Choson lawyers’ association)
A Choson lawyers’ association shall be constituted as a lawyers’ organization.
Article 29 (Composition of Choson lawyers’ association)
The Choson lawyers’ association is a representative institution that shall have a committee in the centre, the provinces (or municipalities directly under central authority), or in relevant sectors. Committees will be composed of the Chair, the Secretary, and members. An office or legal clinic may be set up under a committee organised in provinces (or municipalities directly under central authority) and relevant sectors.
Article 30 (Duties of lawyers’ committee)
Lawyers’ committees at each level shall perform the following duties.
1. They shall inform lawyers of the laws and regulations of the State in time, and shall educate them so that they act as devoted persons in the service of the people.
2. They shall receive applications of institutions, enterprises, organizations and citizens requiring legal aid and shall organize the division of work.
3. They shall organize and conduct work to generalise the outstanding business experience of lawyers and work to raise their qualifications.
4. They shall routinely guide and control the activities of lower committees and lawyers.
5. They shall guarantee the work conditions of lawyers and shall receive lawyers’ remuneration.
Article 31 (Exchange and cooperation with lawyer organizations of other countries)
The central committee of the Choson lawyers’ association shall work to develop exchange and cooperation with lawyer organizations of other countries.
Last updated 4 June 2021