How are suicide incidents processed

We will think about what kind of process will happen in two certain circumstances.

The first case is suicide due to bullying and corporal punishment. (School)

「Opportunity for Enactment of the Law」The Law for the Promotion of Anti-Bullying Measures was enacted in June 2013 and came into effect in September of the same year. 

1. Trial (lawsuit claiming damages)

If a child is bullied at school and commits suicide as a result of the bullying, it is possible to file a claim for damages against the offending child or the child's parent or guardian. If a child is bullied at school and commits suicide as a result, it is possible to file a claim for damages against the offending child and his or her parent or guardian. If it is a public school, it is possible to file a claim for state compensation against the local government. If it is a public school, a claim for state compensation can be filed against the local government. If it is a private school, a claim for damages can be filed against the school corporation that operates the school. The problem in suing for damages is that the school is a private school, and the school is a public school.

2. Problems in filing a lawsuit for damages

 (1) Proving the existence of bullying

 The plaintiff (the bereaved family) has the burden of proving the existence of bullying. The surviving family members must prove the existence of the bullying by obtaining the following evidence. The surviving family members can prove the existence of bullying by obtaining the following evidence. (2) Foreseeability: The school may not have foreseen the bullying.

 (2) Foreseeability

 The general view is that foreseeability is necessary in order for a municipality or school corporation to be found liable in a bullying-related suicide case. In general, foreseeability is necessary in order for a municipality or school corporation to be found liable in a bullying-related suicide case. What should be considered as the object of foreseeability, what degree of foreseeability is necessary, and what are the basic circumstances for foreseeability? foreseeability, what degree of foreseeability is required, and what circumstances should be considered as the basis for foreseeability. Regarding the object of foresight there is a view that the object of foreseeability should be suicide or malicious and serious bullying that causes serious physical or mental damage. 

 (3) Offsetting Negligence

In cases of suicide by bullying, the issue of negligence offsetting may become an issue. However, students who commit suicide suicide, and the child is both physically and mentally immature and emotionally In addition, children are immature in mind, body, and spirit, and are not always emotionally stable. In addition, the child is mentally and physically immature and not necessarily emotionally stable. The child's mental and physical immaturity and emotional stability are not necessarily stable.

3 Judicial Settlements

In litigation between the bereaved family and the municipality or school corporation, a judicial settlement may be reached if both parties agree. When the court issues a judgment, the facts are determined, but the conclusion is generally that only monetary compensation is awarded. In contrast, in a settlement, not only a monetary settlement is reached, but also the child's

In contrast, in a settlement, not only a monetary settlement but also a flexible solution may be reached, such as allowing the bereaved family to enter the school on the anniversary of the child's death, setting up a library named after the child, or planting a tree.

Other is suicide that is triggered by labor problem. (Work)

Workers' Accident Insurance System

Workers' accident compensation insurance is a system to (1) provide necessary insurance benefits to disaster victims and their bereaved families in the event of injury, illness, disability or death of workers due to "work-related reasons" or "commuting", and (2) provide certain business services as social rehabilitation promotion programs.

Necessity of Civil Damage Claims, and Differences from the Workers' Compensation Insurance System

After being certified as having suffered a work-related injury, an individual may further claim damages from the company. This is because the workers' compensation insurance system mainly compensates for a part of the damages caused by the injury or illness, specifically, a part of the damages called lost earnings (wages that could have been earned from work if the person had survived), and it is necessary to file a claim for damages against the employer to recover all damages, including compensation for compensation. On the other hand, unlike the workers' compensation insurance system, civil damages are based on the employer's negligence (breach of duty of care for safety). Negligence is analyzed from two perspectives: foreseeability and avoidability of consequences.




自死遺族が直面する法律問題. https://www.mhlw.go.jp/content/000851709.pdf

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