ボーアタルジ 久子 Boa Tarde, Hisako!(Hello, Hisako!)
Part IV (3, 4,5) Return to Jp and Damage Suit : (3) Compensation (4) investigation (5) Damage suit
Part IV (3, 4,5) Return to Jp and Damage Suit : (3) Compensation (4) investigation (5) Damage suit
3 Worker's compensation
A year after the application had been made it was finally decided that the 'bereaved family compensation' should be paid. Kazuo's two daughters were eligible until they reached eighteen years old and his wife, Simone, provided she did not marry again, for the rest of her life. The pension would be paid six times a year in alternate months. For the first five years it can be paid as a lump sum if the recipient prefer.
The money is paid into a Japanese bank in Brazil. Hisako had thus achieved her purpose in revisiting Japan to claim worker's compensation.
4 Criminal investigation
As for the criminal aspect of Kazuo's death, no case was brought by Hisako. The police had investigated the case and questioned the relevant employees at length. Mr. Takagi was one of those questioned. He was heard about the accident for eight hours from 8:00 to 16:00 one week after the incident. He said to Hisako that anyhow the accounts had not agreed between the police and himself. But the police seemed unable to find any evidence of a criminal nature.
Although two people from the sand factory were charged with professional negligence for the death, the event was eventually decided in July 1994 not to be prosecuted.
How did Hisako accept this result? She must have had to say a lot about this. Despite Hisako's opinion the incident was not treated as a crime, but as a fatal accident. Nevertheless in the summary court* built by the prosecutor, it was decided to fine the Shirakaba Crushed Stone and its manager(Fujita) 300 thousand yen each for the violation of labor safety law (installation of safety measure).
(*Note: independently adjudicated from the damage suit brought by Hisako to district court.)
5 Damage suit
A newspaper reported that a Japanese-Brazilian woman was to sue Shirakaba Crushing Stone, in the Tokyo district court for damages arising from its employee's negligence of duty of care in respect of son's death. The son was killed in November 1993 in an accident in the gravel crushing factory where the woman's son had been employed. There was no regal precedent in the calculation of the estimated lost earnings of foreigners of Japanese descent.
Estimated lost earnings of staying foreigners are calculated based on the standard basic wage of either of the three cases (1) Home country (2) Japan (3) the permitted duration of stay in Japan. In recent years above (3) is popular. If (3) above is selected the calculation of the period of stay will be based on the relevant visa approval and the employer's intension in hireling.
The plaintiff's attorneys were Mr. Itou and Mr. Kobayashi. They sued for 80 million yen (54 million yen for the lost earnings plus compensation money). The sum had been calculated on the basis that he would have worked for 43 years until he reached the age of 67 at the present salary of 260 thousand yen.
The court considered the motives for visiting Japan of Kazuo (named Altemar in the suit) and his family were the important point of the issue.
(to be continued)
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