가사노동자의 법적 보호를 위한 비교법적 고찰 ― 헌법재판소 2022. 10. 27. 선고 2019헌바454 결정에 대한 비판적 검토를 중심으로 ―

In Korea, domestic workers have historically been excluded from major labor-related laws, such as the Labor Standards Act, leaving them vulnerable to low wages and poor working conditions without adequate legal protection. However, in 2022, the Act on the Improvement of Employment of Domestic Workers started being enforced, aiming to regulate certain “domestic workers” who have signed employment contracts with agencies. In October 2022, the Constitutional Court issued its first ruling on severance pay for domestic workers, providing a diverse interpretation of domestic work in general. This paper focuses on the recent changes in the legal landscape surrounding domestic workers in Korea and examines the direction of the legal system in safeguarding their rights. Firstly, it outlines the key points of the Constitutional Court's 2022 decision and subsequently critically analyzes the issues and limitations of the current Korean legal system's approach to domestic work and its regulation, including the enactment and implementation of the Domestic Workers Act. To this end, it highlights foreign legislative and judicial cases related to domestic work, such as the ILO Domestic Workers Convention, recent case law on domestic workers from the European Court of Justice, and various bills and legislative amendments aimed at protecting domestic workers in Spain and the United States. These international examples provide significant insights. Through a comparative legal review, it becomes evident that Western countries, including the ILO, the EU, and the United States, are moving towards legal frameworks that expand the scope and level of protection for domestic workers. They seek to ensure that domestic workers are not subject to discrimination in terms of working conditions, emphasizing the principles of fundamental equality rights.