The Success of the Right of Allowance of Hibakuscha which Was Dead According to the Supreme Court
The plaintiffs who are Hibakusha in Nagasaki by their proclamation applied the health booklets and the allowance of health management to the Nagasaki government according to Hibakusha Protection Act, but was rejected. They complained therefore to the government. In the meanwhile, the applier as one of the plaintiffs was dead before the running over of the phase of oral argument. The rest of the plaintiffs claimed therefore to succeed the litigation. Hibakusha Protection Act had a characteristic of public medical welfare according to the supreme court. Because of the special injuries which were caused by radiation of the atomic bomb and were different from other injuries was this Act legislated. Furthermore, it was the responsibility of war which belonged to the country to relieve the victims. The right of relief could be succeeded consequently. The litigation wouldn’t stop because of the absence of the right of success even if the applier died.