후쿠시마 원전사고 관련 평온한 일상에 대한 보호 법리 - 일본의 논의를 중심으로 -

Recently Japanese lower court precedents have constituted the violation of the “right to a peaceful life as a comprehensive living interest” in the case when people are forced to leave their residence due to the Fukushima nuclear accident or arbitrarily. Some precedents thought damage caused to avoid radiation exposure as different. This was discussed using the concepts of "alimony for evacuation" and "alimony for loss of hometown", and the theory explained the trend of these precedents using the concept of "infringement of the right to a peaceful life with respect to comprehensive living interests". What is important is that the legal principles for protecting victims were developed in a way different from the conventional ones by using concepts different from the conventional concepts such as physical damage and mental damage. Of course, even in Japan, the right to a peaceful life with respect to comprehensive living interests was not recognized at the stage of the Supreme Court, but only at the lower courts, and it is necessary to watch the progress of the discussion a little more. As seen in the lower court precedent of the Fukushima nuclear accident, categorizing mental damage by damage and claiming it as a differentiated loss is not a means to simply receive more compensation, but rather a more realistic relief for the victims and a more delicate treatment of the victim's pain. It could be a way of comforting victims as a means to increase the amount of compensation. It is necessary to be wary of claims of excessive damages, which are unnecessarily subdivided into compensation items, but it needs to be discussed in various legal ways so that the physical and mental damages of the victims can be realistically compensated.