Compensation policies regarding the Fukushima nuclear accident: How have government reconstruction policies affected compensation guidelines and standards?

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Other Title
  • 福島原発事故における「賠償政策」 : 政府の復興方針は賠償指針・基準にどう影響を与えてきたか
  • フクシマ ゲンパツ ジコ ニオケル バイショウ セイサク セイフ ノ フッコウ ホウシン ワ バイショウ シシン キジュン ニ ドウ エイキョウ オ アタエテキタカ

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Description

Nine years have passed since the March 2011 accident at the Fukushima Daiichi Nuclear Power Plant. This paper will address the compensation policies regarding the Fukushima nuclear accident, trace the events that occurred after the disaster, and examine policy issues and future challenges. The compensation policies for the Fukushima nuclear disaster encompass attempts by the government to control the amount and content of compensation for political purposes (that differ from those of restitution). In general, restitution provides monetary compensation for violations of rights or legal interests; it has no connection with the interests of the government. However, with the Fukushima accident, the government has been deeply involved with compensation activities. Currently, collective lawsuits from victims of the nuclear accident are proceeding to district courts and high courts throughout Japan. These judgments are directly connected to the issues examined by this paper. There are disputes on the nature of the guidelines by the national DRCNDC (Dispute Reconciliation Committee for Nuclear Damage Compensation) and the TEPCO (Tokyo Electric Power Company) compensation standards. The previous district court judgments have treated these guidelines and standards as models for their judgments. However, if compensation guidelines and standards are influenced by government interests other than restitution, then treating these guidelines and standards as models for court judgments poses a significant problem. This study will use primary sources to clarify the framework and development of compensation policies, illustrating that government policies that promote the lifting of evacuation orders and return of residents to their homes, and that seek a premature conclusion to accident support as a whole (including compensation) have strongly influenced these guidelines and standards. Certainly, these government interests have not been achieved without resistance; they have been the target of opposition by victims and criticism from the public. Certain revisions have thus been unavoidable; however, these revisions are only partial. Significant questions remain, such as those related to the guidelines and standards and their inadequate consideration of severe damage, such as the "loss of hometown".

Journal

  • 経営研究

    経営研究 71 (1), 1-16, 2020-05-31

    大阪市立大学経営学会

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