가사근로자 보호를 위한 입법과제

Abstract

The clause of exclusion from application for a person employed in any other person’s family affairs, which has been existing in the Labor Standards Act enacted in 1953, has obstructed the Labor Relations Adjustment Act’s application for so-called ‘domestic workers’ such as ‘housekeeper’ ‘baby sitter’and ‘caregiver.’ Care workers for the elderly, caregivers for the sick, housekeepers and so on have been insisting their right to work collectively through the diverse organizations such as associations, cooperative associations, and labor unions. In particular, since 2010, International Labor Organization (ILO) has been having a discussion to protect those domestic workers. The revised bills to delete the regulation of exclusion from application for a person employed in any other person’s family affairs in the Labor Standards Act or establishment proposals for special laws in relation to domestic workers were submitted in the 18th and 19th National Assembly. Moreover, in 2015 it was announced that Korean government will promote to legislate a ‘special law on the use of domestic work services and the promotion to employ domestic workers (tentative name).’ From the point of view, this paper aims to examine the legal tasks to secure the legal status of domestic workers. To realize the purpose, (1) the paper looks into the size of domestic work service and the actual working conditions, and (2) analyzes the problems of legal protection for domestic workers in the existing laws. In addition, (3) the paper examines the trend of legislations and the governmental legislation bills in the 19th national Assembly, and then (4) suggests the legal tasks to secure the domestic workers’ legal status.