Law concerning Undemobilized Persons'Compensation
法令番号: 法律第182号
公布年月日: 昭和22年12月15日
法令の形式: 法律
I hereby promulgate the Law concerning Undemobilized Persons'Compensation.
Signed:HIROHITO, Seal of the Emperor
This fifteenth day of the twelfth month of the twenty-second year of Showa (December 15, 1947)
Prime Minister KATAYAMA Tetsu
Law No.182
Law concerning Undemobilized Persons'Compensation
Article 1. Compensation granted to those who served formerly in the Army or Navy and are not yet demobilized (hereinafter be called simply the "undemobilized person" ) shall be made as provided for by the present Law except those prescribed by other laws and ordinances.
Article 2. Compensation granted to the undemobilized person shall be enumerated base pay, family allowance and home-coming travelling expenses.
Article 3. The undemobilized person shall be given base pay the amount of which is 100 yen per month.
Base pay shall be given in the aggregate of individual ones for the past, when he arrives at the homeland (excluding Karafuto;the same shall apply hereinafter) and the demobilization process is completed, provided that, in case of special need, it may be given to the person specified by order even before the demobilization process is completed.
Article 4. The undemobilized person who has his family dependents as specified by order shall be given family allowance.
The monthly amount of family allowance shall be the amount of 150 yen multiplied by the number of dependents prescribed in the preceding Paragraph.
With respect to the undemobilized person who cranes under Par.1 and whose dependents are being granted compensation according to the former regulations at the time of the enforcement of this Law, in case the monthly total amount of his base pay and family allowance to his dependents is less than the monthly amount of compensation actually granted to his dependents according to the former regulation at the time of the enforcement of this Law, the monthly amount of family allowance prescribed in the preceding Paragraph plus the amount exceeding the balance may be regarded as his monthly amount of family allowance. However, this amount plus the monthly base pay prescribed in the preceding Article shall not exceed the monthly compensation granted as of March, 1947 to his family according to the former regulation.
Family allowance shall be paid each month to one of his dependents in accordance with the prescription of order;provided, that it may be paid in a lump sum within the limit of three-months amount, if the agency in charge of the payment concerned regards it necessary.
Those who are receiving the family allowance or those who are designated by order shall, when they come under any of the following items, be required to report it without delay to the agency in charge of the payment concerned:
1. When a new family dependent is properly justified;
2. When a dependent loses his substantial requirement of dependency.
Family allowance shall be granted anew, or amended of its amount, or discontinued, each case starting from the month following the month in which the fact mentioned in the preceding items arises.
Article 5. When an undemobilized person is demobilized or dies, base pay and family allowance are granted in full for the month in which the occasion takes place.
Base pay and family allowance granted during the period from the month following the month in which the undemobilized person was demobilized or died to the time his demobilization or death is properly justified, may be allowed not to be returned back to the National Treasury.
In the case of his demobilization or of his death the provision of the preceding Paragraph shall not apply to those who are entitled to receive base pay and family allowance granted to the undemobilized person unless they inform promptly the agency in charge of the payment concerned of such fact.
Article 6. In case an undemobilized person is arrested, interned or executed by the order of the Allied Forces with an offence of war criminal or as a war criminal suspect, base pay and family allowance shall not be granted after the month following the month in which the arrest, internment or the execution is carried out.
In case those the person who comes under the preceding Paragraph is set free from confinement before being prosecuted or declared as having committed no crime, base pay and family allowance the payment of which has been suspended under the preceding Paragraph shall be granted again as from the month of the suspension.
The provisions of the Paragraphs 2 and 3 of the preceding Article shall apply with necessary modifications to the case of Paragraph 1 of the present Article.
Article 7. The undemobilized person shall be given 300 yen as his home-coming travelling expenses, provided that it shall not be paid to those who are demobilized abroad and to those who are executed with an offence of war criminal by the order of the Allied Forces.
Article 8. In case an undemobilized person dies, his bereaved family may be paid 270 yen per dead as the expenses necessary for the receipt of the remains and 310 yen per dead as the expenses for burial, provided that the bereaved family of the person who is designated by order shall not be paid the expenses for burial.
The scope and order of the bereaved family prescribed in the preceding Paragraph shall be spouse, child, parent, grandchild, grandparent, brother or sister, and the one who holds funeral rite for the deceased in case there is none of these direct relatives existing, and in case of those standiug in the same order, the senior shall be regarded prior to the junior.
Supplementary Provisions:
Article 9. The present Law shall apply to compensations duly granted as from July 1, 1947.
Article 10. The undemobilized person who is granted as of July 1, 1947 the temporary family allowance under the former regulations, shall be paid the family allowance under this Law as from the month of July, 1947, with the previous report of the same date concerning his family entitled to the temporary family allowance under the former regulation deemed as the one provided in Paragraph 5 of the Article 4, notwithstanding the provisions of Paragraph 6 of the same Article.
In case the person as prescribed in the preceding Paragraph comes on July 1, 1947 to have any relative dependents other than his family members entitled to the temporary family allowance under the former regulations, if necessary matters regarding their dependency are reported to the agency in charge of the payment concerned in accordance with the prescription of order, he shall be granted the family allowance on behalf of them as from the month of July, 1947, notwithstanding the provisions of Paragraph 6 of Article 4.
The provisions of the foregoing Paragraph shall apply with necessary modifications to those undemobilized persons who are newly entitled to the recipients of family allowance upon the application of the present Law, as they have dependents as legally prescribed by the Law, though not entitled to the recipients of family allowance under the former regulations at the date of July 1, 1947.
Article 11. The amount of compensation for the period prior to June, 1947 which has not yet been paid at the time of the enforcement of the present Law, shall be paid under the former regulations, provided that the unpaid compensation from September, 1945 to June, 1947 shall be fixed by the amount shown on the annexed table.
Article 12. 
After "treatment under the former regulations" in Art.7 of the Cabinet Order No.52 of 1947 (abolishing the Army Criminal Law) shall be inserted "except those as provided for in the Law concerning Undemobilized Persons'Compensation."
Annexed Table
Table of Fixed Monthly Amount Provided for Outstanding Payment Period for which not paid to family
Remarks:
1. In the table Officers prefixed Spec. Pro.-Specially Promoted-means those officers who were promoted through years from the rank of warrant-officer or non-commissioned officer to the present one.
2. The ranks and the amounts of former base pay in the respective units are those at the time of April 1, 1946.
3. Family dependent is the one residing at home who is entitled to the recipient of temporary family allowance under the former regulations, and is one examined on June 30, 1947.
4. As the figures indicate the amount of monthly payment, the amount actually granted is calculated by multiplying the figures by the number of the months concerned. The amount under ten yen shall be calculated as ten yen.
5. For one who returns to the homeland after December 1, 1947, in case the amount totaling the amount calculated according to the preceding item and the base pay given in the aggregate of individual ones by virtue of Article 3, Paragraph 2 of the present Law is less than 500 yen, the difference added by the amount calculated according to the preceding item may be deemed the amount unpaid.
Minister of Finance KURUSU Takeo
Prime Minister KATAYAMA Tetsu