Chairman of The National Defence Commission of North Korea - Authority, Legal and Constitutional Position

Authority, Legal and Constitutional Position

There is debate as to whether "highest office of state" should be considered equivalent to head of state. Kim Il-sung, the first leader of North Korea, was declared Eternal President, but it appears that the office is a facet of his extensive cult of personality. The Chairman of the Presidium of the Supreme People's Assembly, who handles the diplomatic functions that a head of state might normally undertake, is also sometimes considered the head of state. However, in a 2009 amendment to the country's 1972 constitution named the Chairman of the National Defense Commission as the "supreme leader of the Democratic People's Republic of Korea." Meaning, the chairman of said Commission is the highest government official in the country. And in reality, the chairman holds the absolute control in governing the country.

Here are the duties and functions of the Chairman of the National Defense Commission as the supreme leader of North Korea.

1. Direct the overall affairs of the State; 2. Personally guide the work of the National Defence Commission; 3. Appoint or remove key cadres in the field of national defence; 4. Ratify or rescind major treaties concluded with other countries; 5. Exercise the right of granting special pardon; 6. Proclaim a state of emergency, a state of war and mobilization order within the country.

And the 2009 amendment re-asserts the Chairman's authority as the "supreme commander of the whole armed forces of the Democratic People’s Republic of Korea."

And the said amendment was made to further solidify the hold of Kim Jong Il, who was then the chairman of the Commission, and who was in effect serves as the North Korean head of state.