篇名

日本水俁病基於食品衛生法之行政訴訟【寰宇醫事裁判】   免費試閱

並列篇名

The Administrative Action about Minamata Disease in Japan Based on Food Sanitation Act

中文摘要

1956年熊本縣水俁市居民,因日本窒素公司排放含汞廢水,致居民中樞神經系統中毒等傷害。日本政府在事件爆發初期的消極不作為,使眾多受害者紛紛透過訴訟維護權益。本件原告即主張熊本縣保健所長、知事與厚生勞動廳未履行食品衛生法之調查與報告義務,迴避了中毒者實際的被害狀況,致使原告不能取得水俁病之受害者資格,進而無法申請補償。東京地方法院駁回原告之訴,認為食物中毒調查報告不具處分性,亦未賦予原告法律上利益,其僅為行政機關內部行為,故不得訴請機關履行義務;同時,原告權利或法律地位尚未明確,即無受確認行政機關違法之法律上利益,亦不得訴請確認機關不作為違法。原告雖主張未作成食物中毒調查報告影響其申請補償的權利,但兩者於法令上並無直接的關聯性,也未有充分證據證明之。

英文摘要

The central nervous system of citizens in Minamata City in Kumamoto Ken were intoxicated and injured in 1956 because Chisso Corporation released methylmercury in the wastewater. At the beginning of the event, Japanese government didn’t take any positive actions which lead that many victims turned to litigations to protect their interests. The plaintiff in this case argued that the direct of the health center, the mayor and the Ministry of Health, Labour and Welfare didn’t fulfill the duties of investigation and report according to the Food Sanitation Act, avoiding the actual intoxicating situation of the victims which lead them being unable to apply for compensations. Tokyo District Court refused the accusation the plaintiff filed, insisted that the investigation report of food intoxication didn’t have any outside effect, neither give any legal interest to the plaintiff. It was just a inside action in the administrative organ. Therefore, the plaintiff was not allowed to claim the organ for fulfilling the duties. Meanwhile, since the legal right and status of the plaintiff were not confirmed, it would be impossible to confirm whether the plaintiff could have any legal interest which came from the unlawful actions of the administration, and couldn’t claim for confirm that the omission of the administration was illegal. Even though the plaintiff complained that it would have effects to the right for compensation the plaintiff has that the food poison investigation report was made, there was still no direct relationship between them, nor proof to prove it.

起訖頁

114-121

出版單位
DOI

10.3966/241553062021060056008  複製DOI  DOI查詢

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