日本配偶者暴力防止法及健康保險法與家暴之相關規定【寰宇醫事裁判】 試閱
Act on the Prevention of Spousal Violence and the Protection of Victims and the Domestic Violence related Regulation in Health Insurance Law in Japan
本件原告之前妻依配偶者暴力防止法之基本方針等規定，以其受家暴之身分提出保護證明書，申請移除其子對原告之受扶養者之身分。在厚生勞動省取消原告之扶養義務後，原告不服該處分，遂以厚生勞動省為被告，主張該處分違法。法院最後認為，配偶者暴力防止法既未明定如何移除受扶養者身分之程序，而健康保險法亦未規定將親權由誰行使、同居與否等因素納入有無「生計維持關係」之考量，此時原告在經濟上如為其子之主要支持者，則仍應肯認渠等之扶養關係。
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.
126-132
