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Court again holds state responsible for tunnel construction workers' lung disease

The Kumamoto District Court on July 13 held the government responsible for the onset of lung disease among workers who had engaged in public tunnel construction projects, and ordered the government to pay 130 plaintiffs a total of 259.3 million yen in compensation.

The court ruled that it was illegal for the government to have neglected to take sufficient measures for the prevention of pneumoconiosis in the tunnel construction projects conducted since April 1960 after the government recognized the need for such measures.

The ruling went further than the July 7 Tokyo District Court decision that had acknowledged state responsibility in public works projects only after 1986.

After the ruling, plaintiffs' group head Takahama Tsuguo said, "I'm glad at the ruling which holds the government responsible. In order to avoid more pneumoconiosis cases, we'll urge the government to give up appealing the decision to a higher court."

In front of the Health, Labor, and Welfare Ministry in Tokyo, about 400 plaintiffs, lawyers, and family members representing those who have filed similar lawsuits at 11 district courts across the country staged a sit-in in the wake of the ruling and demanded that the minister undertake negotiations with the plaintiffs and take measures preventing pneumoconiosis.

Japanese Communist Party House of Councilors member Nihi Sohei encouraged the sit-in demonstrators, saying, "I'll press the government to give up appealing the decision and to negotiate with you on measures to eradicate pneumoconiosis."

The ministry has been refusing to talk with the plaintiffs since the Tokyo District Court decision.
- Akahata, July 14, 2006





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