Kono v. Dentsu Inc.

Ichiro Kono was hired by Dentsu Inc. (defendant) after graduating from a university. Around the time Ichiro Kono began work, he underwent a physical examination, which revealed no serious issues. Ichiro Kono worked in the Radio Promotion Division at Dentsu, and his duties mainly involved seeking radio sponsors. Under a written schedule, Ichiro Kono was to work between 9:30 a.m. and 5:30 p.m., with an hour’s break for lunch and two days off per week. There were also written rules limiting the number of overtime hours employees could work, and employees were required to get a supervisor’s approval before working overtime. But these written rules did not reflect the reality of Ichiro Kono’s work. Ichiro Kono often spent the normal working hours in meetings and spent all night writing materials. During the several years Ichiro Kono worked for Dentsu, he slept little. Although Ichiro Kono received positive work reviews from colleagues and supervisors (who were aware of his long working hours), his parents (plaintiffs), with whom he lived, grew concerned. Ichiro Kono’s days became longer; sometimes, Ichiro Kono did not return home until 7:00 a.m. and then left for work at 8:00 a.m. Ichiro Kono’s parents became increasingly concerned about his health, which showed signs of deterioration. Ichiro Kono finally agreed to go to the hospital; but shortly thereafter, he killed himself. Ichiro Kono’s parents sued Dentsu in tort for causing his death. The lower courts found for the parents, and Dentsu appealed to the supreme court.