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DPRK Constitution

From Joint Security Area

Constitution

Written by SirBryanHall and SirCollinHall

Preamble

We, the people of Korea, in order to ensure proper governance and the continued existence of the Juche ideal, do ordain and establish this Constitution to outline the government of Korea.

Article 1

Section 1

The name of this nation shall be Democratic People's Republic of Korea, hereafter referred to as DPRK

Section 2

The supreme legislative body of the DPRK shall be named the Supreme People’s Assembly. It shall henceforth be referred to as the SPA.

Article 2 - Appointment and Organization of Government

Section 1

All legislative authority shall be vested in a Supreme People’s Assembly, which shall consist of a Standing Body, a Central Committee, and a Presidium.

Section 2

The Standing Body of the SPA shall be composed of members chosen by a majority vote of all individuals present at a summit, by direct appointment from the Presidium, or be granted the position honorarily through donation.

Section 3

The Central Committee shall be appointed directly by the President of The Central Committee, who at the same time is the Premier of The Cabinet. All cabinet ministers are to be apart of the Central Committee, and all members of the Central Committee are to be ministers or people otherwise appointed by the President of The Central Committee. The Vice Premier/President may also make appointments on behalf of the Premier/President. Members of the Central Committee include:

  • Minister of National Defense
  • Minister of Culture
  • Minister of Shipbuilding
  • Minister of Forced Labour
  • Minister of State Security
  • Minister of People’s Security
  • Minister of Foreign Affairs
  • President of The Central Bank
  • Minister of Higher Education
  • Minister of Forestries
  • Minister of Agriculture
  • Minister of Public Health
  • Rear Admiral+
  • Air Vice Marshal+
  • Major General+
  • Vice Minister of National Defense
  • Vice Minister of Culture
  • Vice Minister of Shipbuilding
  • Vice Minister of Forced Labour
  • Vice Minister of State Security
  • Vice Minister of People’s Security
  • Vice Minister of Foreign Affairs
  • Vice Minister of Higher Education

Section 4

The Presidium of The SPA shall be appointed by unanimous approval of the current sitting members of the Presidium, as well as the President of The Presidium of The SPA.

Article 3 - Removal of Officials

Section 1

Members of The SPA Standing Body may be removed by a quorum of the Central Committee or the SPA Presidium.

Section 2

Members of the Central Committee may only be removed by the Premier or Vice Premier on his behalf, as well as the President of the Presidium.

Section 3

Members of the Presidium may only be removed by vote of the Presidium.

Article 4 - Powers and Limitations

Section 1

The SPA Standing Body shall be entitled with the power to propose legislation, elect the President of The Presidium, and elect the Chairman of The Standing Body. Their legislative power stops only at the Presidium and its members. Standing Body members may propose legislation that affects any military division, any ministry, and the Korean People’s Army in its entirety. They shall not appoint ministers, nor propose binding legislation calling for their removal, although they may bring forward suggestions to the Premier and Vice Premier. They shall not propose legislation that appoints or removes any member of the General Staff of the Korean People’s Army. They shall not propose legislation that appoints, removes, or calls for an election of the Premier or Vice Premier. Regarding the Korean People’s Army, members of the Standing Body have the power to give orders to any military personnel ranked Master Sergeant or below. They are not to order Junior Lieutenants or above, although they can give suggestions to the General Staff. In addition to this, they may order the execution of any Master Sergeant or below. This execution will be carried out by present Supreme Guard Command guardsmen. They may only execute someone once, and may not order their guardsmen to spawnkill KPA members they don’t like.

Section 2

Members of the Central Committee shall have supreme power over their ministries, and may promote, demote, remove, and blacklist anyone of their choosing from their ministry. The only exceptions to this rule are the Minister of Shipbuilding and Minister of National Defense who are subordinate to anyone with a higher rank in either the KPA or KPANF. Members of the Central Committee shall not have a say on the appointments of fellow committee members. They shall not interfere with the other members’ ministries. Any Central Committee member who is reported meddling or interfering in another’s affairs shall be punished severely. Members are expected to run their ministries to the best of their ability, and will be removed if proven incompetent. Members of the Central Committee may order members of the KPA ranked Major and below. They may not order Senior Officers (LTCOL+), but like the Standing Body, they may offer suggestions to the General Staff of KPA. Central Committee members may order the execution of anyone below Major, and do so multiple times.

Section 3

Members of the presidium may do whatever they wish.

Article 5 - Elections

Section 1

The Chairman of The Standing Body shall only be elected by the Standing Body. To be elected, the position must be open. A Standing Body member may declare their candidacy in the SPA-Agenda channel in the Discord server. They may only be elected by a simple majority against the other candidates.

Section 2

The President of The Presidium may be elected by the Standing Body, also through a simple majority. Any SPA member may run to be President of The Presidium. Elections shall only happen once per year. Should a President of The Presidium wish to resign, they are to select their successor at least 7 days before they resign.

Article 6 - Amendments

The Supreme People’s Assembly may, at any time after the writing of this document, propose amendments to this constitution. In order to be ratified it must accumulate a 2/3rds majority vote, and acquire the approval of the Presidium. Alternatively, the Presidium can directly amend this constitution, or sponsor an amendment proposed by the Standing Body, bypassing the need for a 2/3rds majority. 2/3rds means 2/3rds of the entire SPA.

Amendment 1

Article 1 - Powers of Bodies Assembled

Section 1

The Standing Body shall, upon passing of this amendment, be entitled to bring the following topics to a vote:

  • Vote to declare war (requires 2/3rds majority vote, and approval by national referendum)
  • Vote to remove the President of Presidium (requires 2/3rds majority, outside of a summit)
  • Vote to reshuffle the cabinet
  • Vote to impeach a government or military official on charges of treason (see Article 2 for impeachment proceedings and rules)
  • Vote to change the national anthem (requires 2/3rds majority)
  • Vote to change the flag (requires 2/3rds majority)
  • Vote to appoint a new member of the Standing Body
  • Vote to establish a new ministry
  • Vote to establish a new army division
  • Vote to establish a new military branch
  • Vote to appoint new judges for the Central Court
  • Vote to appoint a new Chief Prosecutor
  • Initiate a vote of no confidence against the Chairman and Vice Chairman of the SPA
  • Vote to establish new foreign policy
  • Vote to change the rules civilians must follow at the border
  • Vote to change the questions asked at the border checkpoint
  • Vote to conduct new opinion polls on government officials
  • Vote to hold a national referendum to leave the EU
  • Vote to accept or deny entry to an applying member state of CSTO
  • Vote to declare a state of emergency (requires 2/3rds vote)
  • Vote to bestow honorary titles upon citizens of the DPRK
  • Vote to appoint a Sergeant-At-Arms for the SPA summit hall
  • Vote to dismiss a Sergeant-At-Arms for the SPA summit hall

Section 2

Individual members of the Presidium, upon passing of this amendment shall be entitled (but not limited to) to the following powers:

  • Convene summits of the SPA
  • Dismiss summits of the SPA
  • Schedule new elections for members of the SPA standing body, and the President of The Presidium
  • Establish new medals and civilian accolades
  • Award any medal*
  • Establish new honorary titles for civilians of the DPRK
  • Pardon citizens of any and all crimes
  • Appoint and dismiss members of the Central Military Commission when the Marshal of The Republic is unable to do so
  • Declare war in times where the SPA is unable to convene
  • Ratify international treaties
  • Declare martial law
  • Award citizenship
  • Veto any proposal made by the Standing Body
  • Appoint a Sergeant-At-Arms for the SPA summit hall
  • Dismiss a Sergeant-At-Arms for the SPA summit hall

!*May not award special medals eg. Order of Collin Hall, etc

Article 2 - Impeachments

Section 1

Any member of the SPA may propose in the spa-agenda channel to impeach any government or military official above a certain rank. The minimum requirement for the government is Central Committee, while the military minimum requirement is Major for the Army, Commissioner for SGC, Captain for SOF, Lieutenant Commander in the Navy, and Squadron Leader in the Air Force.

Impeachable offenses can be found in the Treason Act of 2021, and the Savill Act of 2022.

Section 2

To successfully impeach (not remove or convict) an official, a motion to impeach must pass with a simple majority, as if it was any other piece of legislation. A motion to impeach should look like this:

Congressman Name: SirBryanHall Proposal: Impeach [NAME] on charges of treason against the state of Korea Impeachable offenses this person has committed: Evidence: (preferably in a google doc)

Section 3

  • If the vote to impeach fails, the SPA will continue with duties as normal. If the vote succeeds, a date will be scheduled for the impeachment trial of the official. The trial shall be structured as follows:
  • The collective Presidium of the SPA shall act as the Judge of any impeachment trial
  • The Chief Prosecutor of the Central Court shall be tasked with arguing the case against the impeached official
  • The SPA Standing Body and Central Committee will act as a jury in any impeachment trial
  • Unlike a normal trial, a unanimous decision from the jury is not required to convict an impeached official, only a 2/3rds majority
  • The Judges may overrule a guilty verdict from the jury if they disagree with the jury’s decision
  • The Judges shall decide the extent of the punishment for the impeached official, with a minimum punishment of being removed from their government/military positions
  • If the impeached official is on the Standing Body or Central Committee, they will be prohibited from voting in their own trial

Article 3 - Sergeants At Arms

Section 1

The SPA summit hall, upon the passing of this amendment, shall be given a new officer that oversees the security and order of each SPA summit. This officer shall be called the “Sergeant-At-Arms” and will be the supreme authority at a summit, outside of the Presidium and Chairman. The Sergeant-At-Arms will be solely loyal to the Chairman of the SPA and the Presidium, and will follow all orders with dutiful precision.

The Sergeant-At-Arms will be elected on a joint ticket with the Chairman of the SPA, but can be appointed/dismissed mid-term. If not replaced mid-term, the Sergeant-At-Arms will be recalled from his position upon the resignation or removal of the chairman they were elected under, at which point the SPA may elect a new Sergeant-At-Arms and a new Chairman.

In the case of the first Sergeant-At-Arms, who shall be appointed mid-term, it will be up to the Presidium to nominate their choice for the position, and the Standing Body to confirm it.

Section 2

  • The Sergeant-At-Arms will be entitled to the following powers, but shall be restricted from exercising them unless ordered to by the Chairman or a member of the Presidium:
  • The Sergeant-At-Arms may remove any member of the SPA (including presidium) from the summit hall if they behave in a manner unbecoming of a statesman
  • The Sergeant-At-Arms may use any means necessary to restore order to the summit hall should it become disorderly

Section 3

The Sergeant-At-Arms’ duties are as follows

  • Maintain order at every summit
  • Create a record of attendance of every congressman to attend each summit
  • Create a record of every vote tally for every summit (aye,nay,abstain)
  • Protect congressman from any threat, internal and external, while they are in the summit hall