The Status and Role of Law in Bio-politics: Bio-politics and law seen through the ｢SERIOUS ACCIDENTS PUNISHMENT ACT｣

Abstract

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 one of the “Acts as a Monument” which was called the “Late Kim Yong-kyun Act.” Bio-politics 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 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 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 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.”