미국 공정근로기준법과 가사사용인의 법적지위

In 2000s, California and New York have collectively bargained with the labor union of domestic workers, and passed the Domestic Worker’s Bill of Right to put domestic workers into their own state labor laws, respectively. It has transfered the issues of domestic workers’ working conditions from the sphere of illegal immigrant women or international labor trafficking to the area of labor laws in the U.S. Furthermore, the DOL has revisioned the regulations to narrow the scope of FLSA exemptions for some domestic workers. Such legal changes may reflect the commercialization of household works and rapid growth of personal service jobs in the structure of service economy. Also, South Korea, as a industrial society, has very similar issues to the U.S in the aspect of labor law for domestic workers. When comparing to the U.S, it is difficult to say that the Korean labor laws have been proceeded for including domestic worker in the protection. My question is why most of industrial countries have kept domestic workers out of the labor law systems. This is to search for the legal reasons and institutional history excluding the employment of domestic workers from the system of labor laws by analzing and observing the legal changes of the U.S labor laws.