A study on the flexible operation of indirect enforcement as a civil remedy in cases of nuclear disaster

2016 Fiscal Year Final Research Report

• Project/Area Number: 26780053
• Research Category: Grant-in-Aid for Young Scientists (B)
• Allocation Type: Multi-year Fund
• Research Field: Civil law
• Research Institution: Fukushima University
• Principal Investigator: KIM Byonghak 福島大学, 行政政策学類, 准教授 (40350417)
• Project Period (FY): 2014-04-01 – 2017-03-31
• Keywords: 間接強制 / 代替執行 / 原子力災害 / 諫早湾 / 民事訴訟 / 民事執行・保全 / ドイツ法 / 韓国法

Outline of Final Research Achievements

This research aims to construct the basic theory for the flexible operation of indirect enforcement as a civil remedy in cases of nuclear disaster.
Firstly, I researched the possibility of combine use of the flexible operation of indirect enforcement and execution by substitution as a civil remedy to recover from the radioactive contamination caused by a nuclear accident at Fukushima Daiichi Nuclear Power Secondly, I focused on two contradictory decisions of case of the government’s reclamation project in Isahaya Bay, and how the final decision to open the drainage gate of the dike and provisional disposition order to ban the opening are confronting each other in a conflicting manner.I consistently argued that interpretations delivered from the comparative balancing theory might ‘break’ the indirect enforcement through arbitrary creating the ex-post contradictory legal judgements by such as intentionally losing cases, and thus it should not be adopted.

Free Research Field

民事手続法