인류세와 노동법의 미래: 인간중심성 그 너머, 공-산(共-産)하는 인간, 비인간의 공생(共生)을 향한 포스트휴먼 노동법의 구성을 위한 시론

Abstract

This study transcends pessimistic views on the climate crisis and the Anthropocene to propose a posthuman labor law framework that fosters symbiosis between humans and nonhuman nature through "sympoiesis" (making-with, worlding-with). We examine the challenges linking the Anthropocene and labor law, specifically focusing on the differences in time and space presupposed by both, the distinct problems raised, and the issue of non-human agency. To address these challenges and to structure a labor law for the Anthropocene, the study proposes its objectives, subjects, and methodologies. Firstly, regarding the objective of the Anthropocene labor law, we underscore that the ever-present objective of labor law is 'dignified labor.' We revisit the core concept of human dignity underlying labor law, drawing from the contemporary human condition characterized by "entanglement" and "transversality" with nonhumans. This redefined human dignity will inherently factor in relationships with nonhumans. Based on this renewed understanding, the study reinterprets the meanings of freedoms, rights to livelihood, and social rights that labor law has aimed for. Secondly, concerning the subject of the Anthropocene labor law, we sketch the envisioned human figure that the Anthropocene labor law anticipates, all while echoing Radbruch's assertion that "the evolution of the human image heralds a new legal epoch." This human representation aligns with the posthuman subjectivity as articulated by notable figures like Donna Haraway, Rosie Braidotti, and Francesca Ferrando. The targeted subject of the Anthropocene's labor law is an entity embedded in this planet, intertwined with the problems of anthropocentrism and capitalism. This embodied subject is in a state of "becoming-with" various humans, nonhumans, and species, fostering "response-ability" for significant otherness, bearing accountability for these relations, and ethically co-creating the world (sympoiesis) with them. Thirdly, for the methodology in framing the Anthropocene labor law, we suggest accounting for the actions of non-human nature that collaboratively shape the industrial landscapes and humans governed by the labor law. Moreover, we advocate for the design of the Anthropocene labor law to embrace an "ancient future" perspective, grounded in a polytemporal viewpoint.