expression to one more receptive to co-existence.
39
At least from the viewpoint of
constitutional expression, North Korea seems to have renounced a North Korea-
initiated revolutionary unification since 1992 , as the 1992 constitution supports the
principle of peaceful unification. The new revision removed the foreign-policy
clause of international co-operation with socialist states based on Marxism–
Leninism and proletarianism by adopting independence, peace, and solidarity as
the basic principles of foreign policy.^40
The most important point of this 1992 revision was the enhancing of the National
Defense Commission (NDC) as a separate constitutional organ. Before this, the
NDC was merely a subcommittee of the Central People’s Committee.^41 However,
the 1992 constitution created a new chapter for this commission with six articles.^42
Before this revision, the president, as the chief commander of the state, held the
chairmanship of the commissionex officio, leading state military affairs.^43 The 1992
amendment separated the highest military leadership from the authority of the
president and conferred it on the chairman of the National Defense Commission.
Now the chairman of the NDC became the chief commander of the state and
exercised the highest military authority. As Kim Jong-il was elected as its chairman,
he solidified his status as successor, de jure and de facto.
In the economic realm, several provisions were also supplemented in order to
emphasize an independent national economy and the development of science and
technology.
44
Constitutional ground was laid for the support of an “open-door”
policy, as inferred from Article 37 : “The State shall encourage institutions, enter-
prises or associations of the DPRK to establish and operate equity and contractual
joint venture enterprises with corporations or individuals of foreign countries.”
Although the Joint Venture Act had come into being in 1984 – but lacked consti-
tutional grounding at that time – the creation of this provision suggested a more
positive attitude and active policy toward attracting foreign investment. Investment
of this nature was possibly seen – as it is today – as a means to assist the country in
surmounting its economic hardships. Prior to this amendment, top leadership had
already decided in 1991 to create the Rajin-Sonbong Free Economic Trade Zone.
Soon after this 1992 amendment, Pyongyang promulgated a series of foreign-
investment laws.^45
Two years after this revision, North Korean leader Kim Il-sung passed away.
His death in 1994 heralded imminent change in the power structure. However, in
spite of his death, the presidency remained vacant for four years until the new 1998
(^39) Compare Art. 9 of the 1992 constitution with Art. 5 of the 1972 constitution.
(^401992) constitution, Art. 17. Compare with 1972 constitution, Art. 16.
(^411972) constitution, Art. 105. (^421992) constitution, Arts. 111 – 16.
(^431972) constitution, Art. 93. (^44) Seeibid., Arts. 19 , 26 , 27 , 28.
(^45) For example, the Foreign Investment Act ( 1992 ), the Foreign Enterprise Act ( 1992 ), the
Contractual Joint Venture Act ( 1992 ), the Foreign Economic Trade Zone Act ( 1993 ), and
so forth.