일본의 원자력손해배상관련 화해의 중개제도의 특성에 관한 연구

Abstract

On 11 March 2011, Japan struck a massive earthquake and tsunami, it alos led to a major accident at the Fukushima Daiichi nuclear power plant. The operator of the plant, Tokyo Electric Power Company (TEPCO), assumed responsibility and liability for the nuclear accident. As of 06/01/2017, total cases of applications and payouts under TEPCO's direct compensation were over 2.71 millions. Because of the numbers of the compensation cases, the conventional approach to compensation is not adequate to the Fukushima case. The Article 18 of Japanese Act on Compensation for Nuclear Damage provides the Dispute Reconciliation Committee for Nuclear Damage Compensation may be established as an organization attached to MEXT; this Committee shall be in charge of mediating reconciliation of any dispute arising from compensation of nuclear damage. And in the event of a dispute arising from compenstation of nuclear damage, this committee shall draft guidelines establishing the scale of the nulcear damage and other general instructions to help operators reach a voluntary settlement of the said dispute. Investigating and assessing nuclear damage as necessary for dealing with matters of mediating reconciliation and drafting guidelines for compensation for nuclear damage. This paper examined followings; fields and contents of the investigation and assess on nuclear damage after Fukushima Nuclear Accident; and the "guidelines for determining the scale of the nuclear damage and other general guidelines to help operators reach a voluntary settlement of said dispute" based on the Act on Compensation for Nuclear Damage(hereinafter guideline); contents of 4 supplements and 14 general provisions supplementing the guideline; the provisions and the procedure on mediating reconciliation of any dispute arising from compensation of nuclear damage in Japan; the practical effects of investigation and assess, the guidelines, mediating reconciliating. On the grounds of these investigations, this paper draws lessons from Fukushima Nuclear Accidents to our country.