DPRK's Nationality Act

First East Asian law to degenderize nationality

By William Wetherall

First posted 18 June 2007
Last updated 10 June 2011

DPRK nationality   nationality | citizen | Initial determination | Korea | Korean | nationality of Korea
1963 DPRK Nationality Act amended through 1999

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DPRK nationality

The Democratic People's Republic of Korea, founded on 9 September 1948, was the first East Asian state to formally adopt a principle of ambilineality in its nationality law of 1963 -- seventeen years ahead of the People's Republic of China in 1980. The law was somewhat revised in 1995 and 1999.

DPRK's Nationality Law stipulates only the overarching principles and leaves the details to other laws and regulations. On the surface, however, the law provides for the acquisition of DPRK nationality at birth and later, and for the loss and recovery of DPRK nationality, much like the laws of other states.

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"nationality" as used in ROC and PRC, ROK and DPRK, and Japan

The Sino-Korean term for "nationality" as as a domestic civil status recognized in international law is (국적 kukchŏk 國籍) -- literally "national register [affiliation]". It is clear from how this word is used in the DPRK's laws -- as well as in the laws of the Republic of Korea (ROK), the Republic of China (ROC), the People's Republic of China (PRC), and of course in Japan's laws -- that it designates an affiliation with these entities as states, not as racioethnic entities.

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"citizen" as used in PRC and DPRK

DPRK, following the practice of the People's Republic of China, refers to those who possess its nationality as "citizens" (공민 kongmin 公民) -- rather than "nationals" (국민 kungmin 國民), the term used in the Republic of China, the Republic of Korea, and Japan. Such terms are matters of domestic, not international, law.

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Initial determination embraces "Korea"

How did the Democratic People's Republic of Korea initially determine its nation -- i.e., the population of people it assumed possessed its nationality? DPRK took as its starting point everyone who had been affiliated with "Korea" up to the day DPRK was founded -- meaning "Korea" before annexation by Japan, "Korea" when part of Japan, and "Korea" after abandoned by Japan to the United States and the Soviet Union following its surrender to the Allies on 15 August 1945.

The DPRK nationality law embraces every person who was a "Korean" (조선사람 Chosŏn saram 朝鮮人) by virtue of possessing the "nationality" (국적 kukchŏk 国籍) of "Korea" (조선 chosŏn 朝鮮) -- and their children -- before the founding of the Republic -- who had not "abandoned" their nationality.

From the point of view of international law, all nationals of the Republic of Korea abandoned this nationality when they acknowledged their affiliation with ROK. Also, "Koreans" (朝鮮人 Chōsenjin) who remained in the prefectures of Japan after the war -- meaning people with family registers in "Korea" (朝鮮 Chōsen) -- who opted to register as nationals of ROK -- also abandoned their "Korean" status.

However, for many years ROK and DPRK did not recognized each other as states. In fact, each took the view that it was the true successor of the "Korea" of history -- much like ROC and PRC both claimed to be the only legitimate government of "China". In other words, both ROK and DPRK saw the other's nationals as part of its own nationality. Since their admission to the United Nations on 17 September 1991, the two states have had to formally recognize each other.

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Meaning of "Korea" (조선 Chosŏn)

Though 朝鮮 is part of its name, the Democratic People's Republic of Korea formally refers to itself -- at least in this law -- either by its full name or as just "the Republic". The law also uses the softer Korean "other countries" (다른 나라 tarŭn nara) where the Japanese translation has the harder Sino-Japanese term "foreign states" (外国 gaikoku).

Significantly, 朝鮮 is reserved for the name of "Korea" as it existed before DPRK was founded -- the entire Korean peninsula, ignoring the Republic of Korea which, founded a few weeks earlier, also claimed the entire country. In other words, 朝鮮 is reserved for "Korea" both before, and during, the period of Japanese rule.

As a subnation of Japan between 1910 and 1945, Korea was known in Japanese as 朝鮮 (Chōsen). Japanese documents and publications in English referred to the territory as either Chosen or Korea.

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Meaning of "Korean" (조선사람 Chosŏn saram)

While 朝鮮人 is valid as both a Sino-Korean (조선인 Chosŏn'in) and Sino-Japanese (Chōsenjin) term for "Korean", DPRK's Nationality Law refers to someone who possessed the nationality of 朝鮮 as 조선사람 (Chosŏn saram) -- using the softer and more affectionate Korean word for "person". This would be rendered in Japanese as 人 (hito) or 人々 (hitobito).

In any event, the Sino-Japanese rendering is the usual historical reference to a person or persons affiliated with Korea before and under Japanese rule -- and after Japanese rule until at least the foundings of ROK and DPRK in 1948. The empires of Korea and Japan are defuct, but 朝鮮人 -- in legal parlance -- continues to describe the legacy status of former Japanese of Korean subnationality and their descendants in Japan, who have not formally registered as a national of the Republic of Korea, or naturalized in Japan or another state.

DPRK's Nationality Law obviously embraces legacy 朝鮮人 in Japan. However, 朝鮮人 are not, in Japan's eyes, DPRK nationals. Moreover, Japan and DPRK normalize their relationship and exchange diplomatic missions, there will be provisions for 朝鮮人 to decide what, if any, nationality they wish to acquire. And those who opt to be DRPK nationals will have to formalize their status with DPRK.

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Meaning of "nationality of Korea" (조선의 국적 국적 Chosŏn ui kukchŏk)

In writing its law as it has, DPRK has assumed that people with registers in Korea, who had possessed Japanese until 15 August 1945, effectively became nationals of Korea again when Japan surrendered. DPRK, like ROK, dates the historical origin of its legitimacy to 1 March 1919, which marked the start of a failed attempt independence movement. Both Koreas celebrate their independence on 15 August 1945.

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木棚照一 (監修)
Kidana Shoichi (compiler)
「在日」の家族法Ｑ＆Ａ (第２判)
"Zainichi" no kazoku ho Q & A (Dai 2 han)
["Zainichi" family law Q & A (Second edition)]
東京：日本評論社, 2006
Tokyo: Nihon Hyoron Sha, 2006
424 pages, softcover
1st edition 2001

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