SCOJ 2005 No.1977 - Background

Background

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:

• 1957: The Act on Medical Care for Atomic Bomb Survivors

"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).

• 1968: The Act on Special Measures for Atomic Bomb Survivors

"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).

• 1974: Act No. 86 (partial revision to the Two Acts for Atomic Bomb Survivors)

(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.

• 1974: "Directive No. 402" (Implementation of the Act for Partial Revision to the Act on Medical Care for Atomic Bomb Survivors and the Act on Special Measures for Atomic Bomb Survivors)

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.

• 1978: Supreme Court of Japan decision regarding a Korean hibakusha who entered Japan illegally in order to receive treatment for radiation illness.

• 1995: The Act on Relief for Atomic Bomb Survivors

the Act on Relief for Atomic Bomb Survivors was enacted in a manner so as to integrate the Two Acts for Atomic Bomb Survivors

• 1995: Implementation of the Act on Relief for Atomic Bomb Survivors (Notice Hatsu-Ken-I No. 158 of 1995, given by the Vice Minister of Health and Welfare to the prefectural governors and the mayors of Hiroshima City and Nagasaki City)

• 2003: Implementation of the Cabinet Order, etc. for Partial Revision to the Order for Enforcement of the Act on Relief for Atomic Bomb Survivors (Notice Ken-Hatsu No. 0301002 of 2003, issued by the Director-General of the Health Service Bureau of the Ministry of Health, Labour and Welfare to the prefectural governors and the mayors of Hiroshima City and Nagasaki City)

This notice abolished the rule of administrative treatment resulting in forfeiture of right under Directive No. 402.