Maebashi District Court Judgement on March 17, 2017 (Maebashi-case)

Date of the judgment (decision) March 17, 2017
Summary of the judgment (decision) 1 In this Case, Plaintiffs claim that: an accident (the Accident) involving the release of radioactive substances from the Nuclear Reactors of the Nuclear Power Plant which Defendant TEPCO operated as the nuclear operator, the cause of the Accident is due to the damage of the core of the Nuclear Power Plant caused by the seismic ground motion, the tsunami, or both of them overlapping, which occurred on March 11, 2011. Due to the occurrence of the Accident, they or their family members living together were forced to evacuate outside Fukushima Prefecture, or were born from Plaintiffs who evacuated. To Defendant TEPCO which did not take any measure even though it predicted or was predictable of the earthquake ground motion or the scale of the tsunami exceeding the height of the site ground surface of the Nuclear Power Plant and flooding the safety equipment, such as emergency power supply facilities etc., based on article 709 of the Civil Code, preliminary based on article 3, paragraph 1 of Nuclear Compensation Act, and against Defendant Japanese Government, Plaintiffs claimed that, based on Article 1, paragraph (1) of State Redress Act, although the Japanese Government foresaw or could foresee the earthquake ground motion or the above-mentioned tsunami and could take necessary measures against Defendant TEPCO, Defendant Japanese Government have not exercised its regulatory powers to regulate TEPCO to take necessary measures. Plaintiffs claim that Defendant TEPCO and Defendant Japanese Government shall jointly and severally pay (1) 10 million yen per capita as mental damages, which is portion of 20 million yen per capita, because their rights of quiet life as collective life interests (which include “Furusato”1 as a collective of interests enjoyed from various communities etc., and also include (a) rights of quiet life, (b) personality development rights, (c) freedom of residence relocation and freedom of occupation, and (d)rights not to harm their internal
Main text of the judgment (decision) Maebashi-case(1)


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Presiding Judge