필리핀 가사관리사 최저임금 구분적용 정책에 대한 국제법적 고찰

This study focuses on examining whether the series of pilot programs for foreign domestic workers promoted by the Seoul Metropolitan Government align with international norms. The differentiated application of the minimum wage exclusively to foreign domestic workers may raise constitutional concerns, such as violations of the right to equality, the right to work, and the constitutional status of foreigners under domestic law. Additionally, there are questions as to whether such measures can be justified under labor-related laws like the Minimum Wage Act. There may also be potential violations of international agreements that Korea has ratified, such as the ILO Constitution, as well as international trade norms like the WTO GATS and FTAs. To achieve the policy goal of securing a labor force by expanding opportunities for women's social participation in an era of labor force decline, the successful establishment of a domestic worker system is essential. In order to generate demand for the system, the economic burden must also be addressed, which is a critical factor that cannot be ignored. Therefore, this study proposes introducing a differentiated minimum wage system by industry and by region as a new solution for the successful establishment of the system. In legislating a differentiated minimum wage system, it is important to ensure that constitutional values are not undermined. Discrimination based on nationality that damages the universal value of human beings must never be made explicit under any circumstances. In an era of low birth rates and aging populations, promoting women's active participation in the labor market and alleviating the burden of domestic and childcare services in rural areas can serve as justifiable policy objectives without violating constitutional principles.