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The Status and Role of Law in Bio-politics: Bio-politics and

law seen through the ｢SERIOUS ACCIDENTS PUNISHMENT Request full-text PDF

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February 2023 directly from the author.
DOI:10.38133/cnulawreview.2023.43.1.99

Authors:

Bong Su Kim

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Abstract

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At some point, the victim’s name comes before the bill. These ‘naming bills’ honor ‘deaths that
became law’. The ｢SERIOUS ACCIDENTS PUNISHMENT ACT｣ to be covered in this article is
research
one of the “Acts as a Monument” which was called the “Late Kim Yong-kyun Act.” Bio-politics
20+ million members
emerges in the philosophical context of postmodernity to overcome Western modernity. In
other words, it is the “Bio-politics” that focuses on overcoming modern understanding of 135+ million publication pages
humans (humanism, reason, rationality, etc.) and human life and life that are at stake in the
excess of capitalism and science and technology. And the law is related to Bio-politics in that
2.3+ billion citations
it is a social condition that is partially involved in the discussion of life politics of Foucault,
Agamben, and Hart/Negri. As the name of the law says, the Serious Disaster Punishment Act
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is a law specially enacted for the punishment of disaster managers. And the legitimacy of the
punishment is sought from “prevention of serious disasters” and “protection of life and body.”
From this point, the moment when “protection of life and body” is put to the forefront as the
justification for punishment, the law for punishment is linked to “Bio-politics” and “Bio-power”
intervenes in the process. The ｢SERIOUS ACCIDENTS PUNISHMENT ACT｣ shows the
appearance of “living” Bio-power by expanding the scope of protection to “workers and
citizens,” but also creates exceptions or blind spots by reducing/limiting the scope and scope
of application through the norm framework of “principle-exception.” However, the fact that the
｢SERIOUS ACCIDENTS PUNISHMENT ACT｣ was enacted to enable punishment of managers
and corporations, which was previously impossible, may indicate that “multiple” resistance to
life power has already begun. I think that the current time, one year after the enforcement of
the law, is a time when the boundaries between life and death have not yet been clearly drawn.
Therefore, now is the time to redraw the boundaries of the law in the direction of expanding
the realm of life a little more through multiple continuous attention and raising questions, not
as “Joe” or “Homo Soccer,” but as “Bios.”

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