The standards for judging accident occurred while to and fro workplace — a comparative study of the relevant regulations between the Republic of China and Japan

• Main Authors: Li Mei Lin, 林麗美
• Other Authors: Geng Schenq Lin
• Format: Others
• Language: zh-TW
• Published: 1999
• Online Access: http://ndltd.ncl.edu.tw/handle/19126066780789259336

碩士 === 中原大學 === 財經法律學系 === 87 === ABSTRACT Chapter 1. Introduction The first chapter illustrates the motivation for writing this thesis and the research methods adopted in this thesis. In addition, this chapter defines the scope of this thesis and briefly describes the contents of the relevant chapters. Chapter 2. The Elements of Commuter Accident under the Laws of the Republic of China Both the administrative agency and the Supreme Court of the Republic of China have determined that commuter accident is a part of occupational hazard. Accordingly, it is thus necessary to define the exact meaning and the elements of occupational hazard before discussing commuter accident. After the meaning of occupational hazard has been clarified, we then proceed to determine whether commuter accident is a part of occupational hazard as provided in Article 59 of the Labor Standards Law. In other words, whether employer should be responsible for the damage suffered by the commuter-employee? Furthermore, relevant interpretations made by the administrative agency with regard to commuter accident have been compiled and assorted to indicate the current situation of the Republic of China regarding whether an accident should be treated as a commuter accident. Chapter 3. The Relevant Regulations Concerning Commuter Accident Under the Laws of Japan In addition to the compensation system for occupational hazard as provided in the Labor Standards Law, Japan has established a system for the protection of commuter-employee. At first, this chapter examines the legislative history with respect to the establishment of the protection system regarding commuter accident and distinguishes commuter accident and occupational hazard. Then, relevant interpretations regarding commuter accident issued by the labor department of Japan have been compiled and used to indicate the current methods used by the labor department of Japan to identify whether an accident should be treated as a commuter accident. Chapter 4. The Elements of Commuter Accident under the Laws of Japan and the Republic of China; Recommendations This chapter first compares the general concepts of Japan and the Republic of China regarding the compensation system of commuter accident. Subsequently, analyzes various kinds of commuter accident occurred in both countries and provides recommendations of the author. Lastly, the author tries to illuminate the standards and procedures in identifying commuter accident. Chapter 5 Conclusion The author states the conclusion and research results of this thesis.