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Liability for Damages of FUKUSHIMA Accident: Scheme of Compensation for Damages and Judicial Decision
2019 Volume 2019 Issue 71 Pages 139-157
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2019 Volume 2019 Issue 71 Pages 139-157
In this paper, firstly I survey law and scheme of liability for damages for Nuclear power generation.
In Act on Compensation for Nuclear Damage, operator of nuclear activities are required to have rules of strict liability and responsibility concentration rule. (Article3 and 4). Therefore, government is not required liability for compensation. But in the case of the Fukushima accident, the court has issued a ruling that allows the government's liability. The reason is that the court points out predictability and avoidability.
Secondly, TEPCO confirmed whether the liability can be fulfilled or not based on the financial situation. Confirming the financial situation, TEPCO has already been in an excessive debt situation, it became clear that it is difficult to fulfill the liability for damages at present.
