災害復興法学のすすめ AN ENCOURAGEMENT OF DISASTER RECOVERY AND REVITALIZATION LAW

Transcription

1 災害復興法学のすすめ AN ENCOURAGEMENT OF DISASTER RECOVERY AND REVITALIZATION LAW October Nepal 岡本正 OKAMOTO, Tadashi Attorney at Law, Tadashi Okamoto Law Office Visiting Professor, Chuo University Graduate School of Public Policy Lecturer, Keio University Law School Former Cabinet Office Government Revitalization Unit

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3 TADASHI OKAMOTO 宮城県気仙沼市にて 2013 年 3 月撮影 Kesen-numa City, Miyagi, March 2013

4 岩手県陸前高田市にて 2015 年 8 月撮影 Rikuzentakata, Iwate, August 2015

5 The Great East Japan Earthquake(March ) Dead 15,892 Missing 12,573 Injured 6,152 Total collapse 124,664 Partial collapse 274,641 ( ) earthquake-related death 3,331 ( )

6 岩手県釜石市にて 2011 年 6 月撮影 Kamaishi, Iwate, June 2011

7 TADASHI OKAMOTO Legal consultation provided by attorneys-at-law On March 11, 2011, the Great East Japan Earthquake occurred. The number of free legal consultation provided by attorneys-at-law from March 2011 to May 2012 in relation to the disaster exceeded 40,000. The contents of the 40,000 legal consultations were collected by the Japan Federation of Bar Association, and all kinds of analyses were made. *Tadashi OKAMOTO proposed to make and was responsible for such analyses.

8 The significance and real benefit of free legal advice at the time of disaster Emotional support Panic prevention Conflict prevention Organizing info providing Legislative fact-intensive

9 TADASHI OKAMOTO Information Flow Chart Central/National Level (Gov., Insurance Companies, NPO etc.) (Systems/Laws for Supporting People) -Duplicating the way of providing information from the central level -Giving Feedback what kind of systems & laws should be established -Collecting & Analyzing the data from people in damaged areas Local Level (Local gov. NPO, Universities, Local Companies, Professional Groups etc.)

10 TADASHI OKAMOTO Multiple routes for the provision of information(2) The government shall become a coordinator to ensure reliability. Companies and NPO shall become supporters who directly engage in supportive activities at the disaster areas. Specialists shall take the role of communicating information sent out from the government, companies and NPO to the sufferers, so that they can understand it easily in light of the current law system.

11 A picture story show(kamishibai) to tell the necessary information by Attorneys in a disaster-affected area

12 Legal consultation in a method of tea party by Attorneys

13 An Attorney knocking each door of shelters

14 Iwate Bar Association News (An example of Pamphlets created by Bar Associations which provide the Necessary Information for Victims/Refugees of the Devastated Areas in 2011)

15 Living Guide for Recovery -Daiichi Bar Association- (An example of Pamphlets created by Bar Associations which provide the Necessary Information for Victims/Refugees of the Devastated Areas in 2011)

16 TADASHI OKAMOTO BCP/BCM Engage in reconstruction assistance Rebuild families life Contract, Subvention, Loan, Mortgage Cost of public utilities, Condolence money Golden 72 Hours In the aftermath of an earthquake

17 Okamoto at Legal Consultation in a Devastated Area

18 Sorting Out the Legal Consultations (from Categoly1 to 24) 1 Ownership of Real Property (incl. Loss of Ownership) 2 Ownership of Vehicles, Ships, etc. (incl. Loss of Ownership) 3 Current Assets (e.g. Deposits, Shares, etc.) 4 Real Property Lease (Leased Land) 5 Real Property Lease (Leased Houses) 6 Liability of Possessors and Owners of Structures and Neighbor Relations Land 7 Boundaries 8 Debt Collection (Loans, Accounts Receivable, Contracts for Services) 9 Loan or Lease of Houses, Vehicles, Ships, etc. 10 Repayment of Other Loans 11 Insurance 12 Disaster Laws and Regulations 13 Taxes 14 New Loans 15 Divorce/Relatives 16 Wills/Inheritance 17 Consumer Damage 18 Labor Issues 19 Foreign Nationals 20 Risk-Bearing, Commercial or Corporate Relationship Issues 21 Criminal Issues 22 Nuclear Power Plant Accident, etc. 23 Others 24 Non-Disaster Issues 1 不動産所有権 ( 滅失問題含む ) 2 車 船等の所有権 ( 滅失問題含む ) 3 預金 株等の流動資産 4 不動産賃貸借 ( 借地 ) 5 不動産賃貸借 ( 借家 ) 6 工作物責任 相隣関係 ( 妨害排除 予防 損害賠償 ) 7 境界 8 債権回収 ( 貸金 売掛 請負等 ) 9 住宅 車 船等のローン リース 10 その他の借入金返済 11 保険 12 震災関連法令 ( 公益支援 行政認定に関する法解釈等 ) 13 税金 14 新たな融資 15 離婚 親族 16 遺言 相続 17 消費者被害 18 労働問題 19 外国人 20 危険負担 商事 会社関係 21 刑事 22 原子力発電所事故等 23 その他 24 震災以外

19 TADASHI OKAMOTO In Miyagi Prefecture, the category of Real Property Lease (Leased House) constitutes the greatest proportion of all consultations provided in the prefecture. The reason behind this would be severe damage of its coastal area by the tsunami as well as disputes arising from damage caused by the earthquake in its urban area. However, it is necessary to separately verify tendencies of issues subject to consultation in the coastal area and in the inland area.

20 TADASHI OKAMOTO Reference: An Encouragement of Disaster Recovery and Revitalization Law

21 2011 年 3 月相談受付 (N=1113) 4 月相談受付 (N=5426) 5 月相談受付 (N=4067) 6 月相談受付 (N=2630) 7 月相談受付 (N=1571) 8 月相談受付 (N=1175) 9 月相談受付 (N=709) 10 月相談受付 (N=321) 11 月相談受付 (N=193) 12 月相談受付 (N=162) 2012 年 1 月相談受付 (N=61) 2 月相談受付 (N=88) 3 月相談受付 (N=84) 4 月相談受付 (N=62) 2012 年 5 月相談受付 (N=50) Reference: An Encouragement of Disaster Recovery and Revitalization Law 5 Real Property Lease (Leased Houses) in Miyagi Prefecture % From April 2011, Sendai Bar(=Miyagi Prefecture Bar) began Disaster ADR that, from its beginning, encountered a large number of cases in which victims were fighting each other 不動産賃貸借 ( 借家 ) The line graph shows the portion (%) of legal consultations about Real Property Lease among the all legal consultations per month in Miyagi (from March 2011 to May 2012, N=total number of legal consultations)

22 2011 年 3 月相談受付 (N=1113) 4 月相談受付 (N=5426) 5 月相談受付 (N=4067) 6 月相談受付 (N=2630) 7 月相談受付 (N=1571) 8 月相談受付 (N=1175) 9 月相談受付 (N=709) 10 月相談受付 (N=321) 11 月相談受付 (N=193) 12 月相談受付 (N=162) 2012 年 1 月相談受付 (N=61) 2 月相談受付 (N=88) 3 月相談受付 (N=84) 4 月相談受付 (N=62) 2012 年 5 月相談受付 (N=50) Reference: An Encouragement of Disaster Recovery and Revitalization Law 6 Liability of Possessors and Owners of Structures in Miyagi % The Number of cases, in which both parties were victims, was soon decreased by legal consultations that had preventing/solving effects on disputes 工作物責任 相隣関係 ( 妨害排除 予防 損害賠償 ) The line graph shows the portion (%) of legal consultations about Liability of Possessors and Owners Structures Cases among the all legal consultations per month in Miyagi (from March 2011 to May 2012, N=total number of legal consultations)

23 TADASHI OKAMOTO In Iwate Prefecture, large proportions can be seen in the categories of Will/Inheritance in relation to missing persons and inheritance and Disaster Laws and Regulations which includes cases seeking information on administrative benefits and other support systems. It is considered that severe damage of its coastal area by the tsunami was reflected in the analytical results.

24 TADASHI OKAMOTO Reference: An Encouragement of Disaster Recovery and Revitalization Law

25 2011 年 3 月相談受付 (N=220) 4 月相談受付 (N=1396) 5 月相談受付 (N=972) 6 月相談受付 (N=586) 7 月相談受付 (N=314) 8 月相談受付 (N=246) 9 月相談受付 (N=206) 10 月相談受付 (N=220) 11 月相談受付 (N=180) 12 月相談受付 (N=148) 2012 年 1 月相談受付 (N=110) 2 月相談受付 (N=59) 3 月相談受付 (N=149) 4 月相談受付 (N=110) Reference: An Encouragement of Disaster Recovery and Revitalization Law Wills/Inheritance (Iwate Prefecture) % Giving feedback to the central government about these large numbers of cases contributed to creating an exceptional rule about inheritance(amendment of Civil Code) for the victims in CTadashi OKAMOTO 16 遺言 相続 The line graph shows the portion (%) of legal consultations about Wills/Inheritance Cases among the all legal consultations per month in Iwate (from March 2011 to May 2012, N=total number of legal consultations)

26 Locus of Realization of Policies and Contribution of Information from Free Legal Counselling (Value as Database to Verify Existence of Legislative Facts) Building of a system for reduction or exemption from disaster loans In order to solve the problem of double loans, we have asserted that a disaster loans purchase and reduction or exemption system must be newly established, and Guidelines for Individual Debtor Out-of-Court Workouts, which is a system for reduction or exemption of disaster loans for individuals, and Act on the Incorporated Organization for Supporting the Turnaround of Businesses Damaged by the Great East Japan Earthquake, which is a business rehabilitation system for business operators, which includes purchase of debts, etc., were established. In addition, we have requested thorough familiarization with the disaster loan reduction or exemption systems, and the Financial Services Agency issued notification, etc. to financial institutions requesting thorough familiarization therewith, and then financial institutions familiarized victims using post cards, etc. Extension of cooling-off period for renunciation of inheritance, etc. As the within 3 months set forth in the Civil Code is too short, we requested extension to one year of the cooling-off period for renunciation of inheritance, etc., and as a bill sponsored by lawmakers, the Act on Special Exceptions to the Civil Code Pertaining to the Period in which Inheritance Acceptance or Renunciation must be Performed Resulting from the Great East Japan Earthquake was enacted and it was determined that the cooling-off period would be extended to November 30, In the impacted areas, cases of renunciation of inheritance or application for extension of period increased drastically. Inclusion of siblings among the target recipients of disaster condolence money and donations Siblings were not included as targets of supply of disaster condolence money, however, the Act to Revise a Part of the Act on Provision of Disaster Condolence Grant, which includes siblings who live with or were under the same household budget with the victim, was enacted. In addition, there are some municipalities in the affected areas where the bylaws were changed in response. For distribution of donations as well, siblings were formerly excluded as targets of the grant, however, at the prefectural level there was a response to expand the framework to siblings.

27 Locus of Realization of Policies and Contribution of Information from Free Legal Counselling (Value as Database to Verify Existence of Legislative Facts) Disaster condolence money to be credits for which attachment is prohibited Since it was formally possible for creditors to attach disaster condolence money, we requested that this be outside the target of attachment, and a law prohibiting attachment was enacted as a bill sponsored by lawmakers. Act on Support for Reconstructing Livelihoods of Disaster Victims Concerning support system for reconstructing the livelihoods of disaster victims, which grants 3 million yen at a maximum to the victim household, we have asserted that the assistance ratio set by the government, 50%, should be increased drastically, and then a special measures law was enacted to increase the assistance rate by the government to 80%. Non-application of Act on Temporary Treatment of Rental Land and Housing in Cities Damaged by War Considering the actual situation of consultations concerning lease agreements, setting of preferential land lease rights, etc. by application of the relevant Act might possibly interfere in town building. As a result of exchanges of views with the Ministry of Justice and the Ministry of Internal Affairs and Communications, which had been considering application of the relevant Act, in the end the relevant Act was determined not to be applied to the Great East Japan Earthquake. Nuclear Accident Child Victims Support Act By summarizing various needs arising out of the Nuclear Power Plant Accident, we contributed to the enactment of the Act Concerning the Promotion of Measures to Provide Living Support to Victims, Including Children Who Were Affected by the TEPCO Nuclear Accident in order to Protect and Support Their Everyday Lives. To propose concrete measures based on this support act has become a new mission for the legal professions.

28 Locus of Realization of Policies and Contribution of Information from Free Legal Counselling (Value as Database to Verify Existence of Legislative Facts) Basic Act on Disaster Control Measures 2013 Revision Based on the present situation, where rescue and support becomes difficult for people in need of support in times of disaster or people evacuated from larger areas due to non-sharing by supporters of personal information on victims from municipalities, the Japan Federation of Bar Associations submitted related opinions and formulated personal information sharing guidelines, and carried out a symposium on proper handling of personal information at times of disaster for familiarization, putting together a nationwide campaign, which was linked to a major revision of the act, to have a major impact on personal information measures of municipalities, such as systemization of the name list of people in need of support in conducting evacuations, safety information, and victims ledger. Extension of extinctive prescription for right of claim of compensation for damages relating to nuclear damage This is an epoch-making special measures law, which is potentially applicable on a million-person scale. The Act on Measures to Realize Early and Definite Compensation Pertaining to Nuclear Damage Arising from the Accident at the Nuclear Power Plant in the Great East Japan Earthquake and Special Exceptions on Extinctive Prescriptions, etc. of the Right of Claim of Compensation Pertaining to Nuclear Damage extends an extinctive prescription, which is set to 3 years in the right of claim for damages due to tort, to 10 years and the statute of limitations, which is set to 20 years from the time of the tort, to 20 years from the time of occurrence of damages. Realization of deregulation to promote land expropriation for revitalization sites Act to Revise a Part of Act on Special Zones for Reconstruction in Response to the Great East Japan Earthquake came into effect on May 1, Considering the fact that in the disaster area of the Great East Japan Earthquake, there are many pieces of land for revitalization projects where the acquisition thereof doesn t proceed smoothly due to the disappearance of the owner, unprocessed inheritance, or land sharing by a large number of persons, and swift acquisition thereof has become an urgent task, through this Act relaxation of the requirements for land expropriation judgment procedures, or the requirements for disaster prevention group transfer projects, etc. were acknowledged as a legal system.

29 TADASHI OKAMOTO Human resources Developing human resources responsible for the realization of multiple routes for the provision of information is also important. In order to organize information related to all kinds of recovery support and livelihood reconstruction immediately after an enormous disaster, appropriate skills and technique in relation to legal systems applicable in case of disasters are necessary.

30 TADASHI OKAMOTO Education Not only in universities, but also widely in the education of disaster prevention and general arts, the public and private should educate people having knowledge in relation to disaster recovery and livelihood reconstruction. The Study on Disaster Recovery and Revitalization Law at Chuo University and Keio University is such an example.

31 Tadashi Okamoto Attorney at Law (Head of TADASHI OKAMOTO LAW OFFICE) Visiting Professor of Chuo University Graduate School of Public Policy(2013-), Lecturer of Keio University Law School (2012-) Medical Management Specialist, Legal licensed condominium manager, Expanding legal services into Corporations, Individuals, Public Sectors with range of certifications. Graduated Keio University Law Dept in Attorney at Law Senior Research specialist assigned for Cabinet Office(Government Revitalization Unit). Administrative reform, Regulatory reform, Special budget reform, Corporation reform.in 2009 to Lecturer of Personal Information Protection law for Consumer Affairs Agency in 2012/2013/2014/2015. Focused on Reconstruction Assistance activities. Developed Legal Consultation Data base from the Great East Japan Earthquake victims into 40 thousand counseling logs.initiated new design of Public policy and Risk management in order to pass on lessons from the Great East Japan Earthquake, Developed new chair in Keio University and Chuo University, Lecturer of Keio, Visiting Professor of Chuo University. Director of Japan In-house Lawyers Association, Director of Great East Japan Earthquake Recovery Initiatives Foundation. Awarded by Japan Youth Leader Association for the 6th Youth Leader support award 2014.