Due to the regulations of working hour set by the Labor Standards Act do not apply to doctors, it is controversial to how to decide if the employed doctors worked overtime in cases of Occupational Accidents caused by overwork. However, regardless of whether the Labor Standards Act applies, under Civil Code§483-1, employers have the duty of care for safety and health to their employees based on the employment contracts. Therefore, even though the Labor Standards Act does not apply, the hospitals shall nonetheless take necessary means to prevent the doctors from suffering physical and mental harm caused by overwork. The (106) Tai-Shang No.15 Decision Rendered by the Supreme Court is the leading case on this matter, for it is the first decision regarding the remedy for resident physicians' occupational accidents delivered by the Supreme Court. However, it misunderstood the meaning of the minimum standards provided by the Labor Standards Act and ignored the content of the duty of care for safety and health, for it stated that the determination of employed doctors' working hours shall consider other factors instead of the hours set by the Labor Standards Act. Therefore, the comments on this decision are necessary.