women,276) and the Constitutional Court reviewed the regulations preventing the application
of the Act on the Guarantee of Employees’ Retirement Benefits to employment activities
within households in 2022, and also considered whether the regulations discriminated
against women's work.277)
However, domestic workers are excluded from legal protection under the ‘Labor
Standards Act,’ ‘Minimum Wage Act,’ and ‘Industrial Accident Compensation Insurance
Act’ because their place of work is at home. As a result, they were not guaranteed the
minimum standard of working conditions and the right to receive social insurance benefits.
The poor conditions of domestic workers did not receive social attention, but since the
2010s, the need for legislation to protect domestic workers has been raised. In 2016, the
NHRCK recommended measures to the Minister of Employment and Labor to protect the
working conditions and social security, through revising the Labor Standards Act, to ensure
that the domestic workers278) are protected and their social security rights are guaranteed.
As a result, the Act on the Employment Improvement of Domestic Workers (“Domestic
Workers Act”) was enacted and entered into force on Jun. 16, 2022. This law is applicable to
domestic workers who have signed an employment contract with a domestic service
provider certified by the Ministry of Employment and Labor after meeting certain
requirements, and the workers under this law are guaranteed the right to minimum wage,
social insurances, severance pay, and annual paid leave. The enactment of this Act is
significant in that it laid a basis for guaranteeing labor rights for domestic workers who had
not been protected as workers by the labor laws and social insurance since the Labor
Standards Act was enacted in 1953.
However, the implementation of this law does not solve all problems. The Domestic
Workers Act excludes domestic workers in the informal sector who are not certified by the
Ministry of Employment and Labor, and they are still unprotected. According to a survey
When the policy is introduced, it may be necessary to discuss various treatment issues of migrant workers in the
field of housework, which are actively discussed overseas later.
276) Hwang, Deok-soon, “Informal employment and labor supervision system in the care service sector,” Study on
Informal Employment, Korea Labor Institute Report, 2012.
277) Constitutional Court, Oct. 27, 2022, 2019HunBa454, See opposing opinions of Lee, Seok-tae and Kim, Gi-yeong
278) Unlike domestic workers in public sector, such as the government's voucher program, domestic workers in private
sector provide services to households under private contracts between employer and employee.
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