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