미국 공정근로기준법과 가사사용인의 법적지위

다국어 초록 (Multilingual Abstract)

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.

참고문헌 (Reference)

1 Elizabeth J. Kennedy, "When the Shop Floor is in the Living Room: Toward a Domestic Employment Relationship Theory" 67 : 643-, 2012

2 Elizabeth J. Kennedy, "The Invisible Corner: Expanding Workplace Rights for female day Laborers" 31 : 126-, 2010

3 Miranda Dietz, "Temporary Workers in California are Twice as Likely as Non-Temps to Live in Poverty: Problems with Temporary and Subcontracted Work in California"

4 DOL, "Table 3. The 30 Occupations with the Largest Employment Growth, 2006-2016"

5 Terri Nilliasca, "Some Women’s Work: Domestic Work, Class, Race, Heteropatriarchy, and the Limits of Legal Reform" 16 : 377-410, 2011

6 Eileen Boris, "Organizing Home Care: Low-Waged Workers in the Welfare State" 34 (34): 81-107, 2006

7 DOL, "Occupational Employment and Wages Summary §37-2012"

8 Kevin Shawn Hsu, "Masters and Servants in America: The Ineffectiveness of Current United States Anti-Traffficking Policy in Portecting Victims of Traffcking for the Purpose of Domestic Servitude" 4 : 489-, 2007

9 Erica C. Morgan, "Invisible Workers: The Exclusion of Domestic Workers from Protective Labor Legislation"

10 Adam J. Hiller, "Falling Through the Cracks: The Plight of Domestic Workers and Their Continued Search for Legislative Protection" 27 (27): 2009

11 Jeanne M. Phelan, "FLSA Companionship Exemption Changes Struck Down , Healthcare Alert (US) Employment Alert (US)"

12 Hina Shah, "Domestic Worker Organizing: Building A Contemporary Movement For Dignity and Power" 75 : 413-, 2012

13 "Application of the FLSA to Domestic Service, 78 FR 60454 (Oct. 1, 2013), codified at 29 C.F.R 552 (“Home Care Worker Regulations”)"