LAW ON COMPLAINTS AND DENUNCIATIONS

CHAPTER I: GENERAL REGULATIONS

Article 1:

People's control should be established over state institutions, social organizations, people's armed forces units and the individuals concerned in these organs with the intention of creating a correct relationship among the party, state power and citizens, strengthening the force of socialism, safeguarding the state and collective interests and the legitimate interests of the citizens, ensuring the right of the citizens to lodge complaints and file denunciation, and defining duty and heightening responsibility of the heads of state institutions, social organizations and people's armed forces units and the personnel of these organs in investigating and settling complaints and denunciations filed by the citizens.

Article 2:

The citizens of the PRK have the right to lodge complaints, file denunciations and submit suggestions to any state institution regarding offenses which are harmful to the state and collective interests or to the legitimate interests of the citizens and opposed to policies or laws perpetrated by state institutions, social organizations and people's armed forces units or any individual of these organs.

Article 3:

State institutions, social organizations and people's armed forces units have the obligation to investigate and settle complaints, denunciations and suggestions of the citizens correctly in compliance with the state policies and laws, and must diligently seek the basis for the complaints or denunciations in order to help the offending state institutions, social organizations or any member of these organs amend them.

The state institutions,  social organizations, people's armed forces units or individuals who are the object of the complaints or denunciations are required to take every measure to rectify the wrong in time, in accordance with the decision of the competent state organs.

Any activities which may obstruct the complaints or denunciations of the citizens or are intended as retaliation against those who have filed complaints or denunciation are forbidden. It is absolutely forbidden to help cover up actions of the state institution, social organizations, people's armed forces units or the personnel of these organs who are the object of complaints or denunciation.

Article 4:

The victims of malfeasance should be given moral compensation for any damage they have incurred.  According to existing law, the state institutions, social organizations, people's  armed forces units or the personnel of these organs who have harmed other people must make compensation for whatever damage they have committed.

Article 5:

The competent organs must cooperate with organizations concerned in making investigation and settlement of complaints or denunciations.

CHAPTER II: THE ACCEPTANCE OF COMPLAINTS AND DENUNCIATIONS

Article 6:

The citizens of the PRK may send their complaints or denunciations to or make them personally to state organs. All state organs are required to accept complaints or denunciations. State and social organs from the central to the district and city ward levels must establish a system for accepting the charges from the citizens. The location and date of the interview with the citizens must be made public. The organs receiving complaints or denunciations must record the content of the complaints or denunciations in a record book of charges.  If the plaintiffs lodge a verbal charge, the nature of the charge should be recorded carefully, correctly and thoroughly and the plaintiffs should be asked to sign their complaints or denunciations contained in the record.

If the organ receiving the charges deems that the settlement of the complaints or denunciations is not within its jurisdiction, the charge document should then be forwarded to the organs concerned for investigation and settlement and the plaintiff should be informed of this action.  However, if the plaintiffs make complaints or denunciations verbally, they should be advised  to lodge complaints with the organs concerned.

Article 7:

Any act which may expose a secret, alter the denunciations or provide a copy of the charges in writing or on tape to the accused organ or individual is absolutely forbidden.

Complaints must not be forwarded to the organ or individual under accusation if it is deemed that such an action may be harmful to the plaintiff.

CHAPTER III: THE COMPETENCE AND DURATION OF THE INVESTIGATION AND SETTLEMENT OF COMPLAINTS AND DENUNCIATIONS

Article 8:

Complaints against the personnel within any organ must,  by duty, be investigated and settled by the head or the leading committee of that organ. Complaints against the head or leading committee of any organ must, by duty, be investigated and settled by the head or leading committee of a higher authority directly supervising that organ.

Article 9:

Denunciations against the personnel within any organ must,  by duty, be investigated and settled by the head or the leading committee of a higher authority of that organ. Denunciation

against the head or leading committee of any organ considering the committee of higher authority directly supervising that the organ concerned.

Article 10:

After the competent organ has investigated and settled the charged, if the plaintiffs do not agree with the finding they may bring the complaints or denunciations to a higher authority directly supervising that organ.

Article 11:

Organs having the duty of investigating and settling complaints or denunciations have the right to request the organs concerned to supply them with necessary documents. The organs to which the requests are made must answer these requests.

Article 12:

The chairman of the provincial or municipal people's revolutionary committees have the duty of investigating and settling complaints or denunciations already investigated and settled by the heads of subordinate organizations or the heads of lower-level people's revolutionary committees but which the plaintiffs are dissatisfied with. The ministers and heads of organs under the direct supervision of the Council of Ministers are duty bound to investigate and settle complaints or denunciations already  investigated and settled by the heads of subordinate organs but to the dissatisfaction  of the plaintiffs.

Article 13:

The Chairman of the Council of Ministers are required to investigate and settle the following complaints and denunciations:

a.    Complaints or denunciations lodged against ministers, heads of institutions directly under the supervision of the Council of Ministers and chairmen of the provincial and municipal people's revolutionary committee.

b.    Complaints or denunciations erroneously investigated and settled by the ministers, heads of institutions directly under the supervision of the Council of Ministers and chairmen of the provincial and municipal people's revolutionary committees.

Article 14:

The minister in charge of the control of state affairs is required to examine and submit to the Council of Ministers for investigation and settlement complaints or denunciations described in Article 13  of this law. Investigative organ in the localities, ministers and institutions under the direct supervision of the Council of Ministers are required to assist the chairmen of the people's revolutionary committees, ministers or heads of their own institutions in investigating and settling complaints and denunciations described in Article 12 of this law.

Article 15:

Complaints and denunciations which, after investigation, do not concern administrative affairs should be forwarded by the state and social organs to the courts and jurisdictions for investigation and judgment according to existing law.

Article 16:

Mass organizations and associations are required to investigate and settle complaints and denunciations lodged against their member as stipulated by their statutes. Complaints and denunciations which do not concern the infringement or any regulation of the statutes should be forwarded to competent organs for investigation and settlement.

Article 17:

Complaints within the competence of the district and ward levels must be investigated and settled within one month at the latest as of the day the complaints are received. It should not take more than three months for the provincial, municipal and central levels.

Denunciations which fall under the jurisdiction of district and ward levels must be investigated and settled within two months at the latest, as of the day denunciations are received. It should not take more than six months for provincial, municipal and central levels.

For complex cases necessitating a lengthy investigation, the competent organs must present a report to the highest authorities which directly supervise them and ask for an extension, but this extension should not more than double the periods fixed above.

CHAPTER IV: THE CONTROL AND SUPERVISION OF THE INVESTIGATION AND SETTLEMENT OF COMPLAINTS AND DENUNCIATIONS

article 18:

The Council of Ministers must have nationwide control of the investigation and settlement of complaints and denunciation filed by the citizens and counsel, advise and supervise the ministries and institutions under the direct supervision of the Council of Ministers as well as the provincial and municipal people's revolutionary committees in investigating and settling complaints and denunciations.

The minister and heads of institutions under the direct supervision of the Council of Ministers have the duty to control, counsel, advise and help organs under their supervision to investigate and settle complaints and denunciations filed by the citizens.

The people's revolutionary committees must control within their local jurisdiction the work of investigating and settling complaints and denunciations filed by the citizens, and counsel, advise and check the organs under their direct supervision in investigating and settling complaints and denunciations.

Article 19:

After receiving complaints and denunciations filed by the citizens, the member of the National Assembly must investigate and forward these charges to the competent organs for settlement on the outcome of the settlement of these complaints and denunciations.

Article 20:

The Council of Ministers must regularly report to the Council of State on the work of investigating and settling complaints and denunciation filed by the citizens.

Article 21:

The minister in charge of the control of state affairs, the control organs at all ministries, institutions under the direct supervision of the Council of Ministers and the local control organs are required to advise and review the acceptance of complaints and denunciations and the interview with the plaintiffs and examine the settlement of complaints and denunciations of the citizens, and they have the right to request all organs concerned with the charges to take all necessary measure to prevent offenses which lead to the complaints.

CHAPTER V: PENALTIES AND REGULATIONS FOR IMPLEMENTATION

Article 22:

Whoever accepts, investigates, settles and forwards complaints and denunciations filed by the citizens but fails to fulfill his duty, and whoever uses his position and rank to obstruct complaints, denunciations, investigation and settlement or intentionally refused to implement the decision of the competent organs and harms the interests of the plaintiffs shall be punished by administrative law; that is, he will be warned, reprimanded, demoted on rank, demoted in position, forced to resign or dismissed.

Article 23:

Whoever commits reprisals against the plaintiffs or the denunciations shall be punished with imprisonment from three months to three years. If the reprisals infringe upon any penal code provided for by existing law, the offender shall be punished according to this existing law.