(目次)
主文 ________________________________ - 13 -事実及び理由 _____________________________ - 14 -第1章請求の趣旨等 _____________________________ - 14 -
第1 請求の趣旨 ______________________________________________________- 14 -
第2 被告の本案前の答弁 ______________________________________________- 14 -第2章事案の概要 __________________________ - 14 -
第1 事案の概要等 ____________________________________________________- 14 -
1 事案の概要····································································································· - 14 -
2 当事者の略記について·················································································· - 15 -
第2 法令の定め ______________________________________________________- 15 -
1 被爆者援護法の制定趣旨等·········································································· - 15 -
2 被爆者等········································································································· - 16 -
(1) 被爆者········································································································· - 16 -
(2) 被爆者健康手帳·························································································· - 17 -
3 被爆者援護法上の被爆者に対する援護······················································· - 17 -
(1) 健康管理····································································································· - 17 -
(2) 医療············································································································· - 18 -
ア 医療の給付······························································································ - 18 -
イ 原爆症認定······························································································ - 19 -
ウ 医療の給付に代わる医療費の支給······················································· - 20 -
エ 一般疾病医療費の支給·········································································· - 21 -
(3) 手当等の支給······························································································ - 22 -
ア 医療特別手当の支給·············································································· - 22 -
イ 特別手当の支給······················································································ - 23 -
ウ 健康管理手当の支給·············································································· - 23 -
エ 保健手当の支給······················································································ - 25 -
オ 手当額の自動改定·················································································· - 26 -
第3 前提事実 ________________________________________________________- 26 -
1 原子爆弾の投下······························································································ - 26 -
2 被爆原告らの原爆症認定申請及び本件訴訟の提起等································ - 27 -
3 原爆症認定に関する審査の方針の策定及び改定等···································· - 27 -
4 新審査の方針による被爆原告らの一部の原爆症認定································ - 31 -
5 訴訟承継········································································································· - 31 -
第4 基礎的な概念等の認定 ____________________________________________- 32 -
第5 争点 ____________________________________________________________- 32 -
1 本案前の争点(争点1)·············································································· - 32 -
2 本案の争点····································································································· - 32 -
第6 争点に関する当事者の主張________________________________________- 33 -
1 争点1(認定済み原告らの訴えの利益)について···································· - 33 -
2 本案の争点について······················································································ - 33 -第3章当裁判所の判断 ____________________________________________- 33 -
第1 本案前の判断(争点1(認定済み原告らの訴えの利益)について) ___- 33 -
第2 認定事実 ________________________________________________________- 35 -
1 原子爆弾の爆発······························································································ - 35 -
(1) 広島の原子爆弾·························································································· - 35 -
(2) 長崎の原子爆弾·························································································· - 36 -
2 原爆被害に関する一般的知見······································································· - 37 -
(1) 原爆の物理的影響······················································································ - 37 -
ア 衝撃波及び爆風······················································································ - 37 -
イ 熱線········································································································· - 38 -
ウ 放射線····································································································· - 38 -(ア) 初期放射線·························································································· - 38 -(イ) 残留放射線·························································································· - 39 -
(2) 原爆による被害·························································································· - 39 -
ア 死亡········································································································· - 39 -
イ 爆風,衝撃波及び熱線による被害······················································· - 40 -
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