일본의 서비스 산업에서의 산업재해 예방법리

Abstract

Many industrial injuries in Service Industry occur in the third industry and in conveyance by land industry in Japan. The Government pursues many various policies to prevent industrial injury in the industries. An author intends to introduce the policies by the Government, and duties of an employer and its employee by the law. Conclusions are as follows: First, the Supreme Court of Japan holds that an independent employer could be an employee on the Labor Union Act. The employer generally performs an after service for consumer who had purchased goods from a big corporation. So he or she has a right to organize, bargains with its employer of the corporation collectively with respect to an unit price against his or her performing the service, and makes a collective agreement. Affairs about prevention of industrial injury could be included in the agreement. Second, the policies against an earthquake by the Government and a Local Government has close relations with the prevention of industrial injury. Where an earthquake occurs, because serious industrial injuries also inevitably occur. Third, the Government makes and issues many regulations to protect employees from industrial injuries. Furthermore it is notable that the Japanese keeps well the regulations. In practice industrial injuries in Japan have been reduced steadily and gradually in all industries. Forth, the Government pursues various policies to prevent the overwork suicide or a death from overwork. One of the policies is to shorten working hours. On the other hand the Industry Safety and Health Act introduces a interview instruction system to keep and to promote employees' mental health. Finally, the Government issues a guideline to prevent industrial injuries from a traffic accident. An industrial injury by a traffic accident is also serious in Japan. The guideline especially provides that a contractor or a consignor has also some duties to keep a driver's safety in the conveyance by land industry.