“过劳死”的法律探究

The legal ponder on over-working death

宋敏(Song Min) ； 马康康(Ma Kangkang)

《就業與勞動關係季刊》 4卷2期 (2014/10) Pp. 81-94

https://doi.org/10.6674/TWELRQ.201410_4(2).0008

摘要

“过劳死”最早起源于日本，随着过劳死现象的频繁发生，过劳死引起了广泛的关注。日本等国家对过劳死进行了立法上比较全面的保护，而在我国，过劳死却尚未得到有效界定，法律的空缺也使得过劳死死者得不到应有的救济。本文主要从劳动法的角度出发，首先通过各领域，尤其是法学界对于过劳死的界定以及过劳死的原因分析，强调过劳死保护的重要性；然后能过对我国劳动法关于职业病和工伤的利弊分析，试谈过劳死为何不能纳入职业病而应纳入工伤从而获得赔偿以及过劳死死者可以通过侵权途径获得赔偿两种救济方式；最后，结合现存的法律制度和对过劳死死者保护的重要性，阐述如何从法律角度完善过劳死的法律规定。

關鍵字

过劳死 ； 工伤 ； 侵权

並列摘要

The word of ＂karoshi＂ originates from Japanese. Along with the frequent occurrence of the phenomenon of over-working death, people draw more concern on it in the whole country. Japan, as the first country, made such legislation that the labor that dies from karosh should be protected by law. However, in our country, China, Karoshi is not defined precisely, plus the blank space in law, these people cannot get enough compensation. That is to say, although you could conduct a lawsuit, you cannot win because of lacking legal ground. This essay tries to expound the problem from the perspective of the Labor Law. To begin with, introduce the different definitions based on various areas, especially to stress out the opinions from law circles and analyze the causes of karoshi. Here, I cite the case of Tang to support my views. Then I discuss the reason why karoshi could not be stipulated to the legislation under the current provisions of occupational disease and should be covered by work-related injury. What's more, the people who are caused by over-working death should receive the relief from the government or the workplace or both by the way of infringement. Finally, elaborate how to perfect the legal rule to completely ensure the interests of labors by combining the existing law and the importance of protecting the people who die from over-working death.

並列關鍵字

karoshi ； infringement ； work-related injury