한국사회법학회

This article compared and reviewed legislation submitted by the government and lawmakers on the relationship between legal protection and social security rights of domestic workers providing household services. Based on this, the labor law problems expected in the application of the government bills were analyzed, and improvement measures were suggested. The government's legislation to formalize unofficial domestic labor in the private sector aims to create jobs by stabilizing employment and enhancing rights and interests of domestic workers, and improving job quality. While keeping the conventional job agency, private household service through mediation between unofficial route sector, the method of providing household service by creating a new certified household service provider or agency was also adopted. And legal protection was sought by establishing special provisions for the Labor Standards Act through the distinction between domestic workers and domestic workers under the Labor Standards Act. The problems of the government proposal are as follows. First, official and unofficial domestic workers are remain as excluded domestic workers under the Labor Standards Act, and there is a problem of discrimination against official domestic workers according to the government proposal. Second, there could be a conflict between the user and unofficial domestic worker. Lastly, if a domestic worker make a double contract with two household service providers, it cannot be considered that the problems under the Social Security Act have been completely resolved legislatively. The way to resolve discrimination under the law between official and unofficial domestic workers is to delete the exclusion clause for domestic workers under the Labor Standards Act. But since the enactment of a special law on domestic workers presupposes the exclusion of the Labor Standards Act, social consensus is required for this.