과로로 인한 자살의 헌법적 문제 - 일본의 경우를 소재로 하여 -

Constitutional Problems on the Suicide for Overworking in JapanLee, Sang-YoonProblems of the suicide for overworking have begun to be recognized socially widely since the first decision of Tokyo district court on Dentsu case of 1996 was sentenced to in Japan. About the suicide for overworking to be able to call human rights violations act, various studies have been performed from the point of view of labor law and have given some result, but studies from the point of view of constitutional law has not been almost performed. Making environment which all workers can work comfortably without the suicide for overworking is one of the constitutional problems now in Japan. This study examines the suicide for overworking that is an issue of human rights in Japan from the viewpoint of the constitution. The important contents are as follows.Because the suicide for overworking is the domain where industrial accidents and the issue of suicide are related to at the same time, the compound approach from the viewpoint of two will be necessary. Therefore, the second chapter describes the general situation of suicide in Japan before beginning the main subject of the suicide for overworking. This chapter also describes the whole flow of the suicide for overworking in afterward when it became an important social problem through the consideration about the background of the suicide for overworking and representative precedents. Based on consideration such as the above, the third chapter presents some constitutional problems about the suicide for overworking from the viewpoint of personal right and self-determination right(§13), freedom from any bondage and involuntary servitude(§18), statutory duties on working conditions and standards(§27) and so on.