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TITLE Supreme Court Decision 2018Du35391 Decided March 26, 2020 【Revocation of Disposition Denying Bereavement Benefits and Funeral Grant】 [full Text]
Summary
[1] Standard of determining whether this may constitute occupational accidents prescribed in the Industrial Accident Compensation Insurance Act in a case where a worker suffers from a disaster while attending an event or a meeting outside the office
In a case where a worker drank alcohol exceeding his/her drinking capacity in get-togethers under an employer’s control or management, and for this reason, he/she has suffered from disasters, such as injury, disease, physical disability, death, etc., whether this may be deemed to correspond to occupational accidents (affirmative with restriction), and on this occasion, methods of determining whether there is a proximate causal relation
[2] In the case where Party B, who was the team leader of the safety management team in relation to a new apartment construction progressed by Construction Company A, was run over by a vehicle in a crosswalk on his/her way home using public transportation as usual, and thus dead after attending a mock-up show held by Construction Company A and the further rounds of the company’s get-togethers, the case holding that even though, in light of all circumstances, there is room to see that the foregoing accident is included in occupational accidents occurring under an employer’s control or management, the lower judgment unlike the above is untenable, and in so determining, it erred by misapprehending the legal doctrine
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