As digitization spreads in North Korea, so does the need for different sectors of the economy to accommodate it or catch up. That includes the legal field where discussion of electronic evidence has begun.
In the most recent edition of 38 North’s NK Briefing, I wrote about how the Journal of Kim Il Sung University (Jurisprudence) had introduced the basic concept of “electronic evidence [전자증거]” to its readers. 1
The article discussed the issue at a theoretical level, covering its definition and history, considerations for its collection and use in court, and its treatment in other jurisdictions, citing China’s approach in particular.
The article concluded:
As information technology develops rapidly, the data formats included in electronic evidence are also constantly changing.
We should have a broad understanding of electronic evidence and further deepen our research into it, thereby actively contributing to the satisfactory resolution of the theoretical and practical problems that arise in relation to electronic evidence.
This is not the first time North Korean academic journals have explored electronic evidence or digital forensics. As early as 2018, for example, a law journal article on criminal science and technology examined the subject. 2
What distinguishes the latest article is that it is the first devoted exclusively to the topic, suggesting it is gaining traction within the North Korean judiciary and that discussions may be underway regarding the use of digital evidence in criminal proceedings. North Korean law, as far as we know, currently contains no special provisions for electronic evidence.
This article is also the latest in a series in North Korean academic journals examining what must be new frontiers for the country’s legal system as society adopts more digital practices. Last year, for example, the same journal looked at legal issues arising from electronic contracts, electronic authentication systems, and e-government. 3 4 5
Shortly after that analysis was submitted and as NK Briefing was being finalized, Daily NK published the February 2025 revision to the North Korean Criminal Procedure Law and it has a rather different take on a particular form of electronic evidence.
Article 35 of the law covers types of material evidence that can be disposed of before the conclusion of a case. This includes “Memory media containing reactionary ideological culture, and narcotics.”
“Reactionary ideological culture” is how the state refers to media content from overseas.
Article 36 of the law says “Memory media containing reactionary ideological culture and narcotics shall be confiscated and destroyed by the expert institution or investigative institution” and notes
The state is likely eager to dispose of such evidence themselves. In interviews, North Korean escapees have told me that police and security officers often have large collections of banned content because they have ready access to it. The revised law appears to be confirmation that it is indeed a problem.
- Han Myong Ho, “전자증거에 대한 법률적리해 [Legal Understanding of Electronic Evidence],” Kim Il Sung Chonghaptaehakhakpo (Pomnyurhak) [Journal of Kim Il Sung University (Jurisprudence)], 2026 (No. 1). ↩︎
- Kwon Yong Min, “형사과학기술에 대한 일반적리해 [General Understanding of Criminal Science and Technology],” Pomnyul Yongu [Legal Research], 2018 (No. 1). ↩︎
- Choi Ju Kwang, “전자계약에 대한 리해에서 나서는 법률적문제 [Legal Issues Arising From the Understanding of Electronic Contracts],” Kim Il Sung Chonghaptaehakhakpo (Pomnyurhak) [Journal of Kim Il Sung University (Jurisprudence)], 2025 (No. 2). ↩︎
- Jang Chol Jun, “전자인증과 그 실현에서 나서는 법률적문제연구 [A Study on Legal Issues Arising From Electronic Authentication and Its Implementation],” Kim Il Sung Chonghaptaehakhakpo (Pomnyurhak) [Journal of Kim Il Sung University (Jurisprudence)], 2025 (No. 3). ↩︎
- Ko Yu Song, “전자정부실현과 관련하여 제기되는 법률적문제 [Legal Issues Raised in Relation to the Realization of Electronic Government],” Kim Il Sung Chonghaptaehakhakpo (Pomnyurhak) [Journal of Kim Il Sung University (Jurisprudence)], 2025 (No. 2). ↩︎