가사돌봄서비스 종사자의 노동법적 지위와 현행 보호체계의 문제점

Abstract

The domestic care service is only a small part compared to the entire labor force provision relationship related to the domestic service. However, as Korea's demographic structure is becoming more and more aging and the nuclear family structure spreads, the importance and weight of domestic care services are gradually increasing. This is because family members cannot take care of other families in need. In addition, the jobs of domestic care service workers as jobs for the elderly have a very important meaning. Nevertheless, most of the domestic service providers are excluded from the application of the Labor Standards Act and the Domestic Workers Act and remain in a blind spot without protection. The argument that the Labor Standards Act cannot be applied to domestic care service workers is not a correct interpretation of the current Labor Standards Act. Misinterpretation practices make it impossible to reasonably interpret the Labor Standards Act. As a result, the working conditions of domestic care service workers are still very poor. In fact, it was found that those engaged in domestic care services were fully aware of this injustice. However, it should be noted that it was investigated that workers in domestic care services did not want strict user control at the level to which the Labor Standards Act could be applied. This difference in perception can be said to show that the Labor Standards Act must be further subdivided and specified in order to be applied to various labor relations in the future. Lastly, the Domestic Workers Act, which has caused the reduction and weakening of the area of application of the Labor Standards Act without contributing to the improvement of working conditions for most of the domestic workers as well as domestic care service workers, should be abolished. And it is time to seriously consider new legislation.