본문 바로가기
  • Home

The State liability in Nuclear Power Plant Incident

  • DONG-A LAW REVIEW
  • 2019, (85), pp.111-138
  • DOI : 10.31839/DALR.2019.11.85.111
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law
  • Received : October 28, 2019
  • Accepted : November 22, 2019
  • Published : November 30, 2019

Chang Ho Jin 1

1

Accredited

ABSTRACT

The nuclear incident at the Fukushima Daiichi Nuclear Power Plant was occurred by the Tōhoku earthquake and tsunami on 11 March 2011. Residents evacuated from the Fukushima area filed a lawsuit against the state and The Tokyo Electric Power Holdings, Inc. for damages. The Yokohama District Court ruled in admitting of the responsibility of the state. The ruling suggests that: First, it cannot be interpreted as exempting the state's responsibility by Channelling of Liabilities. Second, it is necessary to review the reasons for the immunity of nuclear business operator. Third, It is necessary to revise amount of compensation and related system according to nuclear incident.

Citation status

* References for papers published after 2022 are currently being built.