特集 震災復興の長期化と公共選択
福島原発事故に係る損害賠償責任とその課題
2019 年 2019 巻 71 号 p. 139-157
詳細
2019 年 2019 巻 71 号 p. 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.
