Voluntary Evacuees Relieved

After the severe accident in First Fukushima Nuclear Power Plant five years ago, the government of Japan issued a policy to the people around for evacuation to escape from radioactive contamination. However, the government, which had been guaranteeing the safety of nuclear power generation, did not have enough credibility on its policies. Consequently, not only the people in evacuation area, but a number of families outside it, evacuated from Fukushima region. A regional court ordered the national government to compensate for such people on Thursday. It was the first case for the judicial branch to recognize the responsibility of the government to help those voluntary evacuees.

The man in his forties had been running some restaurants in Koriyama City, Fukushima, before the nuclear accident. He and his wife had ¥1.6 million of income from the business. Few days after the accident, they decided to evacuate Koriyama with their little kids and settled in Kyoto a few months later. But, the man could not find new business in Kyoto and started suffering from sleeplessness and depression. The man made a lawsuit, demanding Japanese government compensation for losing his business.

Kyoto District Court recognized responsibility of the government to help evacuees based on their personal conditions. Although the man left his hometown without evacuation order from the government, the court ordered the government to pay ¥30 million as compensation for the leaving. The court defined the governmental guideline for compensation as a list of possible damages to be applied. Voluntary evacuation was determined as inevitable as long as danger remained and information was in confusion.

Other evacuees were encouraged by the decision. Alternative Dispute Resolution Center received 18 thousands of dispute over compensation for the damages caused by 1F accident. Although 13 thousands have settled, 2,600 cases were denied. Compensation for voluntary evacuees has been smaller than that for official evacuees. Lawyers for voluntary evacuees recommend being consistent on their claims.

On the other side, the court made firm support for a governmental policy. Recognizing governmental guideline for radiation level as appropriate, the decision drew a line for compensation on August 2012, when the government decided that annual radiation level of 20 mSv or less was safe. Rational time period for voluntary evacuation was determined between March 2011 and August 2012.

The government promised right after the accident that it would continue its decontamination effort until radiation level would become as low as annual 1 mSv, which was realized as safe enough for human health. The decision may affect the discussion over the radiation level that will be set as the goal for decontamination effort looking endless now.