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  • Writer's picture笹本潤

Ruling Finds Liability for Power Harassment by Self-Defense Forces

 I (Sasamoto) am in charge of this case.


 The Japan Self-Defense Forces (SDF) harassed and bullied a disabled SDF member, who had difficulty walking due to surgery on his right leg, for 11 years, forcing him to climb the stairs to his room on the fifth floor. This former SDF member sued the Tokyo District Court for damages for violation of the National Compensation Law and the duty of care for safety; on March 14, 2024, the court ordered the government to pay 1.5 million yen in damages.


 The SDF attempted to prevent harassment by creating a consultation service for power harassment in 2018, and by tightening the criteria for disciplinary action for harassment. However, harassment within the SDF did not cease. As for sexual harassment, on December 12, 2023, the harassment against a member of Ms. Gonoi was found to be indecent and he was convicted of the crime. The harassment against the plaintiff in this case also took place between 2011 and 2020 and showed an insidious bullying nature. The harassment and harassment within the SDF is based on the SDF's organizational disregard for human rights.


 The ruling in this case identified the plaintiff's superiors, company commanders, as assistants in fulfilling the SDF's duty of care for safety, and found that they violated their duty of care for safety when they made the plaintiff climb the stairs to the fifth floor of his residence and prohibited him from owning a private car, without taking his physical disability into consideration. The court also found that the plaintiff was liable for damages for other forms of power harassment and bullying. This decision is significant in its criticism of the SDF's disregard for human rights.

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