This paper engages the literature on the legal geographies of labour and postdemocracy in order to examine the role of law in limiting the labour rights of non‐standard workers. To do so, it analyses the effects of civil suits for obstruction of business against workers and trade union activists in South Korea. First embraced by liberal administrations as an alternative to authoritarian forms of labour control, civil suits for obstruction of business have become a common feature of labour struggles since 2002 and have led to millions of dollars in damage claims and provisional seizure of assets being applied against workers for engaging in collective action. We argue that by treating many ordinary trade union practices as “threats of force” that obstruct business and are thus liable for compensation, the law has been an essential component in the creation of a postdemocratic mode of labour control: one in which many fundamental labour rights are officially recognised, unlike under authoritarian regimes, but undermined in practice by narrowly limiting workers’ ability to pursue lawful collective action.
The regionalization process has been beneficial for LHDs and produced tangible and intangible benefits. Barriers to regionalization expansion should be addressed for additional collaborative ventures.
This article responds to Daniel Whelan and Jack Donnelly’s argument challenging narratives about Western opposition to economic and social rights. Their narrative on the foundational role of Western elites in creating economic and social rights does not sufficiently demonstrate the centrality of economic and social rights. Their argument lacks a clear explanation of how postwar elite commitments relate to broader Western domestic normative acceptance. I draw on international norms and legal theory to show how the domestic political context of the United States, labor rights, the welfare state, and other international institutions provide evidence against their claims.
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