海難審判の裁決に関する抗告訴訟に付いて

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  • Research on the Protest Suit Regarding of the Marine Accidents Inquiry Agency Decision
  • カイナン シンパン ノ サイケツ ニ カンスル コウコク ソショウ ニ ツイテ

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The whaling vessel 6^<th> Seki Maru collided with the ferry boat Manjyu Maru near at south east offing Mutsure Shima, around 3:42p.m.,on September 21,1949. In this collision, the Hayashikane Shipbuilding Co., Ltd. Did not receive a call in the Marine Court once, either, and oral proceedings was not opened, either and did not have presentation of evidence, either. As for the cause of the collision, Japan Marine Accidents Inquiry Agency shall be based on the due to occupational cases negligence of the Shipbuilding Co., Ltd. Concerned. It canceled decision of Japan Marine Accidents Inquiry Agency that the Tokyo High Court had a reason in the protest suit of the above shipbuilding Co.,Ltd. Concerned. About decision of Japan Marine Accidents Inquiry Agency, the majority opinion of the Supreme Court judged that this was not what is only a fact check and affects the rights and duties of the shipbuilding Co., Ltd. And reversed judgment of Tokyo High Court. Judgment of the Tokyo High Court is the same judgment as the minority opinion of the Supreme Court, and the large number theory of administration judicial precedent study group of those days is the same as judgment of the Tokyo High Court. The Supreme Court has applied the Examinee's plaintiff qualification (except for reprimand decision). And new Article 9 the2nd clause of Administrative Case Litigation Law enforced from April 1, 2005 accepts plaintiff qualification widely. Therefore, although there is a problem, I think that it is necessary to interpret so that plaintiff qualification may be permitted to not only Examinee but also Designated Person Concerned in the Marine Accident.

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