施設における介護事故の法的課題への一考察

抄録

Due to the enforcement of "Long-Term Care Insurance", reform measures to make contracts was established. As "Long-Term Care Insurance" were enforced, the social welfare policy needed new thoughts on taking more effective safety measures. Among others, the main theme for discussion was the urgent necessity of coping with accidents in a facilities. In this paper, first of all we would like to discuss how to avoid accidents that do not entail legal responsibility. Secondly, we also would like to suggest the improvement of service to prevent accidents in terms of the following three points: 1. To arrange a training program for workers who do not have any qualifi cation to acquire a certain kind of certification. 2. Legal enforcement that demands employees at facilities to have care taker license or home helper raining. 3. To ensure exclusive legal protection not only for the title of care taker but also for his/her job. Germany has been the leader in confirming the quality of service and care by law at the national level. Japan must learn from other advanced countries to regulate the quality of service and life according to the law.