2007 Fiscal Year Final Research Report Summary
Diversification of Legal Forms of Work and Accident Compensation -Insurance in Europe and Japan
| Project/Area Number |
17330011
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| Research Category |
Grant-in-Aid for Scientific Research (B)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
Social law
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| Research Institution | Kyoto University |
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Principal Investigator |
NISHIMURA Ken'ichiro Kyoto University, Law Faculty, Professor (00025157)
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| Co-Investigator(Kenkyū-buntansha) |
MURANAKA Takashi Kyoto Univ., Law Faculty, Professor (80210053)
MINAGAWA Hiroyuki Chiba Univ., Law Faculty, Associate Professor (50375606)
TAKAHATA Junko Kyotosangyo Univ., Law Faculty, Associate Professor (50351268)
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| Project Period (FY) |
2005 – 2007
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| Keywords | workers' accident_ compensation / workers' accident compensation insurance / diversification of legal forms of work / Germany / Austria / France |
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| Research Abstract |
The workers' accident compensation insurance in Japan was established in order to ensure implementation of employers' obligation of the Labor Standards Law. The insurance system has been enlarged as to covered injuries and insurance benefits. As a result, whether a person is covered by the insurance has obtained practical significance. On the other hand, a definition of "worker", who is covered by the insurance system, has lost clearness in accordance with diversification of legal forms of work. The change has caused many legal disputes. The same situation can be found in Europe. In Europe we can see various forms of Resolution, which are related with other regulations of labor law. Therefore we should not easily compare both resolutions, but consider Japanese peculiarity ; advantage of the accident compensation insurance over other social insurance and coexistence of benefits of the accident compensation insurance and damage claims under the Civil Code. If we enlarge the covered working person, we should take a balance with benefits of other social insurance into consideration.
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