가사서비스종사자의 노동법적 보호를 위한 과제

Domestic workers are excluded from Korean labor law protection such as Labor Standards Act, Minimum Wage Act, Occupational Safety and Health Insurance. For the purpose of guaranteeing domestic workers’ legal status under Labor Law, this study gives suggestions from both legal interpretation level and law making level. First, the definition of domestic worker under Korean labor law should be interpreted narrowly for the purpose of Labor Standards Act. Second, repealing domestic workers exemption clause is suggested based on legal and historical analysis of the clause. The exemption clause has been criticized basing on outdated and discriminatory perception on domestic service. Third, it should be noted that repealing the exemption clause is just the starting step of domestic workers’ right protection and another legal protection is necessary. As most domestic workers are non-standard workers such as on-call worker, part-time worker and mini job, current labor law targeting full-time regular worker often fails to reach domestic workers. This study analyzes why and how domestic workers are neglected under Korean labor law. Thus it is suggested that labor law and ILO Domestic Workers Convention should note domestic workers’ precarious employment relationship and guarantee effective protection to them. Furthermore, industrializing domestic service through social support like domestic service voucher system in Belgium can be a long-term strategy.