Act on the Prevention of Spousal Violence and the Protection of Victims and the Domestic Violence related Regulation in Health Insurance Law in Japan
The former wife of the plaintiff, in accordance with the basic guidelines of Act on the Prevention of Spousal Violence and the Protection of Victims, as a victim of domestic violence issued a certificate of protection, and applied remove the status of his child from the dependents of the plaintiff. After the Ministry of Health, Labour and Welfare had canceled the obligation of maintenance of the plaintiff, the plaintiff refused to accept this administrative injunction, and brought a suit against it, as the defendant, claiming that the administrative injunction was illegal. The court concluded that neither the Act specifies how to remove the status of the dependents, nor the Health Insurance Act stipulates who would exercise the parental authority, or whether the “life-sustaining relationship” takes cohabitation or other factors into account. At this time, the plaintiff is the main economic supporter for his son, then the relationship of maintenance should still be recognized.