가사용인의 권익보호에 관한 한국과 ILO의 태도 : 가사노동자들 협약 제189호를 중심으로

Abstract

International Labour Organization(ILO) has tried to improve the working conditions of domestic workers. In this regard, the 100th International Labour Conference in June 2011 adopted the Domestic Workers Convention No. 189 and the accompanying Recommendation No. 201 in order to consider a minimum labor protective aspect. These two conventions are evaluated as making the first international labor standard for domestic workers. Unlike the ILO's Domestic Workers' Convention, it is real that Korea does not have a positive law basis to accept the legal status of domestic worker and the precedent does not also accept the domestic worker as an employee as a basis of traditional subordinate relationship. That is concluded in a dichotomous argument with whether or not a domestic worker is considered as an employee. In other words, if a domestic worker is considered as an employee, he or she can be protected by labor laws and otherwise, he or she can be excluded by the labor laws and shall find another legal protective tool. When considering the purpose of the Labor Standard Act, the law which does not protect people working under the poor conditions is criticizable. In this regard, the National Assembly has tried to adopt the Labor Standard Act or enact a special law for the legal protection of the worker in special types of employment as a type of atypical work. In particular, it is not easy for a domestic worker to be protected by legislative tools since he or she is excluded from the subject of the Labor Standard Act in the express provision. First of all, legislative consideration shall be preceded in order to remove the exclusive terms from application with domestic workers. Afterward, it shall be discussed whether the Labor Standard Act and Labor Union and Labor Relations Adjustment Act apply to domestic workers or apply to them optionally. Particularly, it can be another method that a special law is regulated with domestic workers.