About: Overseas Hibakusha Case

An Entity of Type: Supreme Court of the United States case, from Named Graph: http://dbpedia.org, within Data Space: dbpedia.org

The Overseas Hibakusha Case, SCOJ 2005 No.1977, was a landmark case of the Supreme Court of Japan. The Court found that the government's refusal to provide health-care benefits to hibakusha living abroad was illegal. The plaintiffs were 40 South Koreans who were exposed to radiation in the 1945 U.S. atomic bombing of Hiroshima. It was the first time the Court declared a government order illegal and upheld a ruling mandating the payment of damages.

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  • The Overseas Hibakusha Case, SCOJ 2005 No.1977, was a landmark case of the Supreme Court of Japan. The Court found that the government's refusal to provide health-care benefits to hibakusha living abroad was illegal. The plaintiffs were 40 South Koreans who were exposed to radiation in the 1945 U.S. atomic bombing of Hiroshima. It was the first time the Court declared a government order illegal and upheld a ruling mandating the payment of damages. (en)
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  • 16839819 (xsd:integer)
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  • 13522 (xsd:nonNegativeInteger)
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  • 1117109810 (xsd:integer)
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dbp:associatejudges
  • Tatsuo Kainaka , Tokuji Izumi , Chiharu Saiguchi (en)
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  • Associate Justice (en)
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  • Norio Wakui (en)
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  • Chief Justice (en)
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dbp:dateDecided
  • 2007-11-11 (xsd:date)
dbp:dissent
  • by Kainaka (en)
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dbp:holding
  • A government official erroneously interpreted Japanese laws in denying payment of healthcare benefits to survivors of the atomic bombings who resided outside Japan. The official's misinterpretation of the law and subsequent denial of benefits constituted negligence. (en)
dbp:lawsapplied
  • Article 1, para.1 of the Act on State Liability for Compensation; Article 2 and Article 3 of the Act on Medical Care for Atomic Bomb Survivors; Article 5 of the Act on Special Measures for Atomic Bomb Survivors; and Article 1, Article 2, and Article 27 of the Act on Relief for Atomic Bomb Survivors. (en)
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  • by Wakui, joined by Izumi and Saiguchi (en)
dbp:name
  • (en)
  • SCOJ 2005 No. 1977 (en)
dbp:otherCitations
  • Minshu Vol. 61, No. 8 (en)
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  • The Overseas Hibakusha Case, SCOJ 2005 No.1977, was a landmark case of the Supreme Court of Japan. The Court found that the government's refusal to provide health-care benefits to hibakusha living abroad was illegal. The plaintiffs were 40 South Koreans who were exposed to radiation in the 1945 U.S. atomic bombing of Hiroshima. It was the first time the Court declared a government order illegal and upheld a ruling mandating the payment of damages. (en)
rdfs:label
  • Overseas Hibakusha Case (en)
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