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KMID : 1234820180190020173
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Korean Society of Law and Medicine
2018 Volume.19 No. 2 p.173 ~ p.207
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A Study on Compensation for Damage in Civil Litigation of Japanese Long-term Care Facilities
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Jeong Da-Young
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Abstract
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Japan is a super-aged society where the proportion of the people aged over 65 is exceeded 20%. Therefore, there are many accidents that occur in long-term care facilities in Japan, and there are many civil litigations. The Japanese court has acknowledged in many cases that the long-term facility is responsible for the damage to the elderly who is injured in the facility. The cases can be divided into ① tumbling down, ② wandering, ③ suffocation, ④ bedsore, and ⑤ accidents among the facility-users. In most cases, the court found that the facility violated its obligation to protect their users. This is not only the case where the manager or the employee of the facility violates the obligation to watch and care for the elderly, but in some cases, the failure to maintain the human and material system itself is recognized. The basis for such judgment is whether the facility can predict the possibility of an accident and whether the facility has taken measures to prevent accidents. Also, the Japanese court recognizes the transfer of burden of proof in order to expedite the victims' rights. However, the liability of the facility for damages should not be so heavy that it would be hesitant to allow a person to enter the facility and make a contract.
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KEYWORD
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Senior, Elderly, Nursing home, Long-term care facility, Patient accident, Aged care, Compensation for damage, Indemnification for damage
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