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๐Ÿ‡ฐ๐Ÿ‡ท South Korea /Crime & Justice

Lawyer and Writer Yoon Ji-young on 'This Sentence Right Now'

From Hankyoreh · () Korean

Translated from Korean, summarized and contextualized by DistantNews.

At a glance

Analysis Named sources Context piece
  • A lawyer criticizes a Supreme Court ruling that denies subcontracted workers the right to collective bargaining, calling it a betrayal of labor rights.
  • The ruling, which interprets the revised Trade Union Act, is seen as favoring large corporations and regular employees over precarious workers.
  • The article argues that the court's decision reflects a bias towards corporate interests, echoing historical criticisms of legal systems that favor the wealthy.

A lawyer sharply criticizes a recent Supreme Court ruling that denies subcontracted workers the right to engage in collective bargaining. The decision, issued the day after a wage agreement at Samsung Electronics, is described as a "dagger in the backs of non-regular workers."

This ruling was a dagger in the backs of non-regular workers.

โ€” LawyerThe lawyer expresses strong disapproval of the Supreme Court's decision regarding subcontracted workers' rights.

According to the ruling, only unions at large corporations and for regular employees can fully exercise labor rights. The lawyer points to the interpretation of the revised Trade Union Act, known as the "Yellow Envelope Law," which aimed to include entities previously not considered employers under the law. However, the Supreme Court interpreted the revision as including individuals not originally considered employers, a move the lawyer dismisses as a "lazy and cowardly excuse."

The article suggests the Supreme Court justices, often seen as embodying meritocracy, may struggle to see non-regular and regular workers as equals. Justice Lee Sook-yeon, who reported assets of 24.3 billion won, reportedly stated that "uncertainty and confusion for businesses (regarding potential negotiations with subcontracted unions) can hinder swift management decisions and timely business execution, thereby impeding the development of our industry." The author posits that the justices feel more kinship with businesspeople than with non-regular workers, implying a predetermined conclusion followed by a search for justification.

We are writing 99% bullshit with 1% fact, aren't we, to ultimately write the truth?

โ€” ColleagueA colleague offers a perspective on the nature of writing and truth.

This critique extends beyond the judiciary, noting that many lawyers enter politics in an era dominated by legalism. Politicians often shift issues that should be resolved politically into the legal arena, and law firms tend to favor corporate clients. The article echoes Fred Rodell's 80-year-old observation about lawyers serving the wealthy and powerful, stating that such individuals still exist today, diligently interpreting laws to favor "the rich, Wall Street, and the Republican Party."

Uncertainty and confusion for businesses (regarding potential negotiations with subcontracted unions) can hinder swift management decisions and timely business execution, thereby impeding the development of our industry.

โ€” Justice Lee Sook-yeonJustice Lee Sook-yeon explains the court's reasoning for its ruling.

However, the article concludes with a hopeful note, referencing fellow lawyer Kim Dong-hyun's assertion that "truth is that law deals with ordinary events that ordinary people experience in their daily lives." The author expresses a desire for the legal interpretations of ordinary people to become the norm.

The truth is that law deals with ordinary events that ordinary people experience in their daily lives.

โ€” Kim Dong-hyunLawyer Kim Dong-hyun offers a perspective on the true nature of law.
DistantNews Editorial

Originally published by Hankyoreh in Korean. Translated, summarized, and contextualized by our editorial team with added local perspective. Read our editorial standards.