Suggested citations
AGLC4 | 지하자원법 2013 [Underground Resources Law of the Democratic People's Republic of Korea (2013)] [tr Daye Gang].
Bluebook | Jihajaweonbeob 2013 [Underground Resources Law of the Democratic People's Republic of Korea (2013)] translated in Law and North Korea by Daye Gang, https://www.lawandnorthkorea.com/.
Adopted on April 8, Juche 82 (1993), as Law No. 14 of the Supreme People’s Assembly
Amended on February 26, Juche 88 (1999), as Directive No. 483 of the Presidium of the Supreme People’s Assembly
Amended and supplemented on December 28, Juche 93 (2004), as Directive No. 868 of the Presidium of the Supreme People’s Assembly
Amended and supplemented on August 8, Juche 95 (2006), as Directive No. 1901 of the Presidium of the Supreme People’s Assembly
Amended and supplemented on May 8, Juche 96 (2007), as Directive No. 2227 of the Presidium of the Supreme People’s Assembly
Amended and supplemented on July 28, Juche 98 (2009), as Directive No. 197 of the Presidium of the Supreme People’s Assembly
Amended and supplemented on February 21, Juche 102 (2013), as Directive No. 2979 of the Presidium of the Supreme People’s Assembly
CHAPTER I. BASICS OF UNDERGROUND RESOURCES LAW
Article 1 (Objectives of Underground Resources Law)
The Underground Resources Law of the Democratic People’s Republic of Korea shall adopt strict discipline and order in the exploration, development, and use of underground resources, and shall serve to foster socialist economic construction and raise people’s standard of living.
Article 2 (Classification and ownership of underground resources)
Underground resources include metals, nonmetals, combustible mineral resources, geothermal heat, underground water, and mineral water resources. Only the State shall own underground resources in the Democratic People’s Republic of Korea.
Article 3 (Principle of exploring underground resources)
Exploration of underground resources is important work to extend the wealth of the country. The State shall realize the Juche-orientation, modernization, and scientization of underground resources exploration, and shall find more underground resources more quickly.
Article 4 (Principle of developing underground resources)
Strongly opening up the work of developing underground resources is a compulsory requirement for strengthening the foundations of the independent national economy. The State shall concentrate investment in the underground resources development sector and shall do underground resources development so that it has good prospects.
Article 5 (Principle of using underground resources effectively and rationally)
Underground resources are precious wealth for the prosperity of the country and the well-being of the people. The State shall adopt an order for underground resources use and shall strengthen scientific research to effectively and rationally use underground resources.
Article 6 (protection of the masses protecting underground resources)
Actively protecting underground resources is the sacred duty of institutions, enterprises, organizations and citizens. The State shall strengthen socialist patriotic education so that all people participate in the work of protecting underground resources as if they are the owners.
Article 7 (Principle of guidance and control over the underground resources sector)
The State shall adopt a well-organised work system for the underground resources exploration, development, and use sector, and shall strengthen guidance and control over this sector.
Article 8 (Exchange and cooperation in the underground resources field)
The State shall develop exchange and cooperation with many countries of the world in the field of underground resources exploration, development, and use.
CHAPTER II. UNDERGROUND RESOURCES EXPLORATION
Article 9 (Basic requirements of underground resources exploration)
Prioritizing underground resources exploration in the extraction industry is a basic guarantee of national economic development. An underground resources exploration institution or enterprise must prioritise underground resources exploration in the extraction industry and must do it in a planned way.
Article 10 (Drafting underground resources exploration plan)
State planning institutions must adopt an underground resources exploration plan based on national economic demand for underground resources and the state of the land. In cases where the state of the land has been newly investigated, the underground resources exploration plan must be fixed in conformity with it.
Article 11 (Classification of exploration)
Exploration of underground resources is divided into brownfield exploration and greenfield exploration. Underground resources exploration institutions and enterprises shall do brownfield exploration and greenfield exploration correctly to expand the secured deposits in coal mines and mines, arrange candidate sites for development, and must comprehensively explore the underground resources in the exploration area.
Article 12 (Underground resources exploration design)
Underground resources exploration designs shall be drafted by underground resources exploration institutions and enterprises. Underground resources exploration institutions and enterprises shall eliminate wasted explorations and repeat explorations and must draft designs by stages of exploration to find underground resources without exception. Exploration designs that have been drafted must receive the agreement of the relevant higher institutions and the approval of the central underground resources development guidance institution according to what has been determined.
Article 13 (Exploration of underground resources according to design)
Underground resources exploration institutions and enterprises shall do underground resources exploration according to the design, and when the exploration ends, must fill in boring holes, trenches, and exploration wells, so that there is no interference with mining work or land use.
Article 14 (Raising speed and effectiveness of exploration)
Underground resources exploration institutions and enterprises shall improve exploration methods and raise the speed and effectiveness of exploration to actively explore underground resources that are lacking in our country or have not yet been found.
Article 15 (Calculation standards for underground resources reserves)
Calculation standards for underground resources reserves shall be determined by the non-standing resource development deliberation committee.
The non-standing resource development deliberation committee must update calculation standards for underground resources reserves according to changes in underground resources reserves or the development of scientific techniques.
Article 16 (Calculations and deliberation on underground resources reserves)
Underground resources exploration institutions and enterprises must correctly calculate underground resources reserves based on exploration data. Underground resources reserves that have been calculated must receive the deliberation and approval of the non-standing resource development deliberation committee.
Article 17 (Registration of underground resources reserves)
Approved underground resources reserved shall be registered with the non-standing resource development deliberation committee, the central underground resources development guidance institution, and relevant exploration institutions or enterprises according to grade. Underground resources reserves that have not been registered with the non-standing resource development deliberation committee may not become the subject of development and design.
Article 18 (Inspection of underground resources reserves)
The central underground resources development guidance institution and relevant central bodies shall conduct regular inspections of underground resources reserves to correctly command and register changes to underground resources reserves.
CHAPTER III. UNDERGROUND RESOURCES DEVELOPMENT
Article 19 (Basic requirements of underground resources development)
Underground resources development is an important condition to normalize production in many sectors of the national economy. Underground resources development institutions, enterprises and organizations shall enlarge, modernize, and speed up extraction equipment, diversify transportation, prioritize tunneling and accept effective mining methods to increase mineral production.
Article 20 (Approval of underground resources development)
Approval of underground resources development shall be done by the non-standing resource development deliberation committee. Institutions, enterprises and organizations seeking to develop underground resources must submit an underground resources development application document to the non-standing resource development deliberation committee through the central underground resources development guidance institution. The non-standing resource development deliberation committee must issue a development approval document after considering the purposes, scale, reserves, and class of the underground resources development. In these cases, the approval of underground resources development for the purposes of export must only be done in special cases. Underground resources may not be developed without underground resources development approval documents.
Article 21 (Permission for use of land and designation of location)
Land environmental protection institutions and agricultural guidance institutions must guarantee forest land and agricultural land pointed out in the underground resources development approval documents according to the order of land use approval and must designate that location. Institutions, enterprises and organizations that have not received underground resources development approval may not receive permission for use of land and designation of location.
Article 22 (Technical assignments for underground resources development and drafting and approval of foundational design)
Technical assignments for underground resources development and drafting of technical designs shall be done by the relevant design institution and underground resources development institutions, enterprises and organizations. The relevant design institution and underground resources development institutions, enterprises and organizations must draft technical assignments for underground resources development and technical designs so that a high extraction rate and production efficiency can be guaranteed. Drafted technical assignments for underground resources development shall be approved by State planning institutions, and technical designs shall be approved by the State construction supervision institution.
Article 23 (Underground resources development according to design)
Underground resources development shall be done according to underground resources development designs. Underground resources development institutions, enterprises and organizations must raise the effectiveness of investments by abiding by the requirements of underground resources development designs.
Article 24 (Underground resources development technical indicator plan)
The work of adopting an underground resources development technical indicator plan shall be done by the underground resources development institutions, enterprises and organizations and the relevant authorities. Underground resources development institutions, enterprises and organizations and relevant authorities must correctly adopt an underground resources development technical indicator plan such as the extraction rate and ore extraction rate plan.
Article 25 (Rationally organizing mining)
Underground resources development institutions, enterprises and organizations shall rationally do mining organization to mine all ore bodies that meet mining standards and underground resources resources calculations standards. They may not do acts of mining only where mining conditions are good or only mine high class or concentrated ore bodies.
Article 26 (Registration of underground resources that cannot be mined)
Underground resources development institutions, enterprises and organizations must command and register underground resources that do not meet mining standards or that cannot be mined immediately because the mining conditions are not available, and underground resources that are left over in the mines, and minst mine them when the mining conditions are met.
Article 27 (Abandoning mines and abandoning shafts)
A coal mine or mine may not be abandoned and a shaft cannot be abandoned without the approval of the non-standing resource development deliberation committee.
Article 28 (Prevention of accidents and natural damage)
Underground resources development institutions, enterprises and organizations must thoroughly abide by technical regulations and labour safety regulations in underground resources development to prevent accidents and natural damage.
Article 29 (Registration of fluctuations in underground resources reserves)
Underground resources development institutions, enterprises and organizations must correctly command and register changes in underground resources reserves during the development process. Registered underground resources reserves may not be cut down without the approval of the non-standing resource development deliberation committee.
Article 30 (Development of geothermal heat, underground water, mineral water resources)
Relevant institutions, enterprises and organizations must actively develop geothermal heat, underground water, and mineral water resources required for economic development and people’s standard of living.
Article 31 (Preservation of living environment and ecological environment)
Institutions, enterprises, organizations and citizens that are developing underground resources must not do acts that destroy the living environment of residents and the ecological environment of animals and plants, including land, resources, and natural and scenic beauty in the underground resources development process
Article 32 (Agreement to construction in districts projected for underground resources development)
Institutions, enterprises, and organizations that seek to construct things such as roads, railways, factories, and catchment areas that occupy a large plot of land in a district projected for underground resources development must receive the approval of the central underground resources development guidance institution.
Article 33 (Protection of unusual geological phenomena, rare minerals, fossils)
In cases where institutions, enterprises, organizations and citizens discover things like new types of underground resources and unusual geological phenomena, rare minerals, or fossils in the process of doing things such as exploring underground resources, mining, and construction, they shall adopt protection measures for them and must inform the relevant authorities.
CHAPTER IV. USE OF UNDERGROUND RESOURCES
Article 34 (Raising rate of usage of underground resources)
Using underground resources effectively is an important way to satisfy increasing demands for raw materials and fuel by the national economy. Relevant institutions, enterprises and organizations shall actively protect underground resources and must raise their utilization rate. Individual citizens may not do acts such as illegally extracting underground resources or refining or manufacturing them.
Article 35 (Guarantee of underground resources management conditions)
Relevant institutions, enterprises and organizations must manage modern loading and unloading facilities, coal yards, mineral storage sheds, and warehouses, and must manage them well, so that mineral resources such as coal, ore, concentrates, and crude oil are not wasted. Mineral resources that have been produced may not be illegally handed over to a different institution, enterprise, organizations or individual.
Article 36 (Prevention of loss during transportation of underground resources)
Railway transportation institutions and relevant institutions, enterprises and organizations shall normally service and reinforce transportation methods and organize transportation so that mineral resources are not lost during transportation.
Article 37 (Guarantee of extraction rate standards in manufacturing mineral resources)
Relevant institutions, enterprises and organizations must abide by technical regulations and standard operation manuals in the mineral resources manufacturing process, such as ore dressing and refining, and must assure designated extraction rate standards. Work that cannot assure designated extraction rate standards must not be done.
Article 38 (Manufacture and treatment of mineral resources)
Relevant institutions, enterprises and organizations must make a production techniques process to comprehensively manufacture and treat mineral supplies, and must recover their essential minerals and accessory minerals. In cases where minerals that have monetary value inside fine ore, coal waste, and waste rock cannot be recovered, it must not be thrown away and must be stored.
Article 39 (Use of substitute minerals as raw material or fuel)
Relevant institutions, enterprises and organizations must actively use substitute minerals as raw material or fuel for mineral resources that are lacking in our country or have not yet been found.
Article 40 (Export of underground resources)
Underground resources may not be exported without the approval of the non-standing resource development deliberation committee.
Article 41 (Effective use of mineral water resources and prohibition on acts to change component content)
Institutions and enterprises that manage mineral water resources shall make protected mineral water areas culturally hygienic and must effectively use things such as mineral water and thermal springs. Acts to reduce mineral water resources or change the component content may not be done without the agreement of the mineral resources management institution by exploring for mineral resources in the protected mineral water areas, or by doing development or construction work using methods such as explosions.
Article (Use of underground resources for designated purposes)
Institutions, enterprises and organizations must only use underground resources for purposes determined by the State. Underground water used to obtain geothermal heat must be returned into the ground.
CHAPTER V. GUIDANCE AND CONTROL OVER EXPLORATION, DEVELOPMENT AND USE OF UNDERGROUND RESOURCES
Article 43 (Basic requirements of guidance over exploration, development, use of underground resources)
Guidance for the exploration, developments and use of underground resources shall be done by the central underground resources development guidance institution and the relevant central institutions under the standardized guidance of Cabinet. The central underground resources development guidance institution and relevant central bodies must strengthen guidance for the exploration, development and use of underground resources in conformity with the requirements of national economic development
Article 44 (Institutions that guide underground resources protection management work)
Guidance for underground resources protection management work shall be done by the non-standing resource development deliberation committee in a standardized way.
The non-standing resource development deliberation committee shall adopt an underground resources protection management system and must guide relevant institutions, enterprises and organizations to actively protect and responsibly manage underground resources.
Article 45 (State support for the exploration and development of underground resources sector)
The State shall adopt a societal ethos of actively helping the exploration and development of underground resources sector and shall prefer workers of this sector especially.
Article 46 (Guarantee of conditions for exploration and development of underground resources)
State planning institutions, labour administration institutions, resources supply institutions, and financial banking institutions must preferentially assure labour, facilities, resources, and funds required for the exploration and development of underground resources sector. Labour, facilities, resources and funds for the exploration and development of underground resources sector may not be used for a different purpose.
Article 47 (Scientific research, technical experts, and training of experts in the exploration and development of underground resources sector)
Scientific research institutions and education institutions shall strengthen scientific research to place the exploration, development and use of underground resources sector on top of the foundations of new scientific techniques, and must train more competent technical experts and professionals.
Article 48 (Supervision and control over exploration, development and use of underground resources)
Supervision and control over exploration, development, and use of underground resources shall be done by the underground resources supervision institution and the relevant supervision and control institution. The underground resources supervision institution and the relevant supervision and control institution must normally supervise and control the exploration, development and use of underground resources and the export of underground resources.
Article 49 (Suspension, cancellation of approval, confiscation, penalty for underground resources development and export)
In cases of developing underground resources without approval, taking them out to other countries, or violating the requirements of the underground resources development approval document, development or exports can be suspended, approval may be cancelled, underground resources extracted illegally and facilities used may be confiscated, or a penalty may be imposed.
Article 50 (Damage compensation)
In cases where exploration of underground resources and mining has been conducted irresponsibly, or extraction rate standards have not been met, or underground resources and funds have been lost or wasted by violating the order of commanding underground resources reserves, the relevant damage shall be compensated.
Article 51 (Administrative or criminal responsibility)
Responsible workers of institutions, enterprises and organizations and individual citizens who have violated underground resources regulations and caused grave consequences shall have administrative or criminal responsibility imposed depending on the gravity.
Last updated 4 June 2021