Analysis and Outlook on the Article "Inheritance of Ownership and Possession" Published in North Korea's Rodong Sinmun
Woo Mee-yun, Attorney
1. Introduction
On February 15, 2025, North Korea's Rodong Sinmun published an article titled "How the State Protects Citizens' Ownership Rights." The article emphasized that it is not enough to regard socialist laws as theoretically beneficial but that people must recognize how they directly impact daily life. This is a rare move, considering the extremely limited legal accessibility for North Korean citizens.
In North Korea, legal texts are difficult to access and understand for ordinary citizens. Most residents remain unaware of their legal rights. The fact that this article specifically addressed ownership and inheritance suggests an effort to raise internal awareness of legal matters. Whether this will lead to more active use of ownership rights is uncertain, but the mere act of publicly discussing legal concepts is noteworthy.
2. North Korea’s Individual Ownership and Inheritance Rights: A Comparison with South Korean Law
1) Individual Ownership and Inheritance Rights under North Korea’s Socialist Constitution
The Socialist Constitution of the Democratic People's Republic of Korea (amended in September 2023) recognizes individual ownership under Article 24, but only for personal consumption. This includes property acquired through labor-based distribution, state-provided benefits, small-scale private economic activities, and legally obtained assets such as purchases, inheritances, and gifts. The same article also addresses inheritance rights, with further details specified in North Korea’s Civil Law, Family Law, Inheritance Law, and Housing Law.
2) Ownership and Inheritance Rights under North Korea’s Civil Law, Family Law, and Inheritance Law
North Korea’s Civil Law (amended in 2007) serves as a framework to sustain the socialist economy while simultaneously guaranteeing limited property rights. However, personal ownership is highly restricted, covering only residential homes, essential household goods, some personal belongings, passenger cars, and livestock. Land and means of production remain strictly state-owned.
North Korean law classifies property as either household or individual. Household property, shared by family members, cannot be inherited, while only individual property qualifies for inheritance. This differs from South Korea’s Civil Act, which assumes marital property is jointly owned. Under Article 60 of North Korea’s Civil Law, individuals can use and dispose of property but only within socialist consumption norms.
The Inheritance Law (enacted in 2002) allows both statutory and testamentary inheritance. The first-priority heirs are spouses, children, and parents, similar to South Korean law. However, if an heir renounces their inheritance, the property is absorbed by the state treasury. Additionally, debts are inherited, but liability is limited to the value of the inherited assets, a rule also seen in South Korea.
3. The Limits of Ownership and Inheritance Rights in North Korea
The Rodong Sinmun article asserts that North Korea guarantees citizens’ ownership and inheritance rights, but in reality, these rights are extremely limited. Articles 19 and 21 of the Socialist Constitution emphasize socialist production and state ownership, preventing individuals from owning means of production. Even if private ownership is legally acknowledged, the inability to accumulate productive assets renders real property rights meaningless.
Furthermore, North Korea’s inconsistent legal application and ever-changing state policies undermine the reliability of legal protections. While Article 6 of the Civil Law declares that laws are designed to enhance citizens' welfare, this remains a superficial statement subordinate to party directives rather than an affirmation of legal stability.
4. Legal Formality and Contradictions in the North Korean System
The Rodong Sinmun article claims that "socialist law fully guarantees and protects citizens' rights" and stresses that following the law is a sacred duty. However, in reality, laws in North Korea often serve as propaganda tools to enforce obedience rather than to protect individual rights.
The preamble of the Socialist Constitution states that it codifies the thoughts of Kim Il-sung and Kim Jong-il. This shows that the law prioritizes regime stability over individual rights. In North Korea, laws exist not to ensure freedom but to reinforce state control, making real legal protections meaningless.
The experiences of many defectors, who had to break North Korean laws to survive, raise a fundamental question: what does obeying the law truly mean for its citizens? Likewise, Article 4 of the Socialist Constitution, declaring that "sovereignty belongs to the working people," and Article 6 of the Civil Law, stating that the state "cares for the people’s lives," remain dubious in their real-world application.
5. Conclusion
The Rodong Sinmun article on ownership and inheritance seems to be an attempt to raise awareness of legal concepts within North Korea. However, given the severe restrictions on private ownership and the law’s role as a tool for regime control, this initiative is more likely aimed at reinforcing state authority rather than genuinely protecting citizens’ rights.
It is unlikely that North Korea will develop laws to genuinely protect rights. However, the emergence of legal discourse is still meaningful. If North Koreans begin to recognize and exercise their rights, even in small ways, it could be a step toward change.