Overseas Hibakusha Case
| Supreme Court of Japan Decisions | |||
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| November 11, 2007 | |||
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| Holding | |||
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A government official erroneously interpreted Japanese laws in denying payment of healthcare benefits to survivors of the atomic bombings (Hibakusha) who resided outside Japan. The official's misinterpretation of the law and subsequent denial of benefits constituted negligence. |
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| First Petty Bench | |||
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Chief Justice:Norio Wakui () Associate Justice:Tatsuo Kainaka (), Tokuji Izumi (), Chiharu Saiguchi () |
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| Opinion | |||
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Majority Opinion:by Wakui, joined by Izumi and Saiguchi Concurrence: Dissent:by Kainaka |
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| Referenced Laws | |||
| Article 1, para.1 of the Act on State Liability for Compensation; Article 2 and Article 3 of the Act on Medical Care for Atomic Bomb Survivors; Article 5 of the Act on Special Measures for Atomic Bomb Survivors; and Article 1, Article 2, and Article 27 of the Act on Relief for Atomic Bomb Survivors. |
A government official erroneously interpreted Japanese laws in denying payment of healthcare benefits to survivors of the atomic bombings (Hibakusha) who resided outside Japan. The official's misinterpretation of the law and subsequent denial of benefits constituted negligence.
The Overseas Hibakusha Case,SCOJ 2005 No.1977, was a landmark case of the Supreme Court of Japan. The Court found that the government's refusal to provide health-care benefits to hibakusha living abroad was illegal. The plaintiffs were 40 South Koreans who were exposed to radiation in the 1945 U.S. atomic bombing of Hiroshima. It was the first time the Court declared a government order illegal and upheld a ruling mandating the payment of damages.
The Court's decision hinged on an examination of laws relating to treatment of hibakusha, governmental agency directives that interpreted those laws, and an earlier decision of the Court related to hibakusha who were not Japanese citizens:
"The purpose of this Act is, in light of the particular health conditions that survivors of the atomic bombings in Hiroshima City and Nagasaki City are still experiencing, to have the State provide health checkups and medical care for such atomic bomb survivors, with the aim of maintaining and promoting their health" (Article 1).
"The purpose of this Act is to pay special allowance and take other measures for survivors of the atomic bombings in Hiroshima City and Nagasaki City who were influenced by the injuring power of the atomic bombs and are still experiencing particular conditions, with the aim of promoting their welfare" (Article 1).
(i) The prefectural governor shall provide "atomic bomb survivors" with annual health checkups and necessary guidance based on such checkups; (ii) The Minister of Health and Welfare shall give "atomic bomb survivors," who were injured or sickened with diseases caused by the injuring power of the atomic bombs and are currently in need of medical care, recognition that their injury or diseases were caused by the injuring power of the atomic bombs, and shall provide them with necessary medical care at designated medical institutions or pay for their medical care costs instead; and (iii) The Minister of Health and Welfare shall pay medical care benefits for general injuries or diseases to "atomic bomb survivors" on certain conditions, for instance, that they received medical care for general injuries or diseases at medical institutions designated for atomic bomb survivors' general diseases.
Directive No. 402 was issued on the occasion of the partial revision to the Two Acts for Atomic Bomb Survivors by Act No. 86 of 1974 (see above)
Directive No. 402...provided that since the Act on Special Measures for Atomic Bomb Survivors shall apply only to "atomic bomb survivors" who have a place of residence or a current residence in Japan, if an "atomic bomb survivor" moves his/her place of residence outside the territory of Japan, the said Act shall not apply to such "atomic bomb survivor" and he/she shall forfeit the right to receive health management allowance, etc.
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