Title: Employers' liability for occupational stress and death from overwork (karoshi) of workers in Japan

Authors: Tamie Kobayashi, Sam Middlemiss

Addresses: Department of Law, Aberdeen Business School, Robert Gordon University, Garthdee Road, Aberdeen AB10 7QE, UK. ' Department of Law, Aberdeen Business School, Robert Gordon University, Garthdee Road, Aberdeen AB10 7QE, UK

Abstract: In this paper, we will undertake analysis of the legal treatment of stress related illness at work and death by overwork (known as karoshi) in Japan. We will endeavour to explain the severity of the problem of stress related illness and death by overwork (including death by suicide) in Japan and how its judiciary and government have provided protection and/or redress to its victims or their executors. How the law deals with this problem in Japan will be considered in detail and lessons taken from this to assist in dealing with the growing problem in the USA and the UK.

Keywords: karoshi; overwork; karojisatsu; suicide; stress-related illness; death; Japan; employer liability; occupational stress.

DOI: 10.1504/IJPL.2008.021229

International Journal of Private Law, 2008 Vol.1 No.3/4, pp.256 - 267

Published online: 12 Nov 2008 *

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