Law amending a Part of the Law concerning Undemobilized Persons'Compensation
法令番号: 法律第277号
公布年月日: 昭和23年12月29日
法令の形式: 法律

審議経過

I hereby promulgate the Law amending a Part of the Law concerning Undemobilized Persons'Compensation.
Signed:HIROHITO, Seal of the Emperor
This twenty-ninth day of the twelfth month of the twenty-third year of Showa (December 29, 1948)
Prime Minister　YOSHIDA Shigeru
Law No.277
Law amending a Part of the Law concerning Undemobilized Persons'Compensation
The Law concerning Undemobilized Persons'Compensation (Law No.182, 1947) shall partially be amended as follows:
Paragraph 2 of Article 4 is hereby amended by deleting the words "225 yen" and substituting therefor the words "250 yen."
Article 7 is hereby amended by deleting the words "450 yen" and substiuting therefor the words "1,000 yen."
Paragraph 1 of Article 8 is hereby amended by deleting the words "800 yen" and "1,000 yen" and substituting therefor the words "1,500 yen."
Five new Articles are hereby added under Article 8 as follows:
Article 8-(2).　A repatriated ex-service man or a Gunzoku (hereinafter referred to as "a repatriated person" ) requiring continued medical care for illness sufferred or injury incurred from a cause not attributable to his own fault prior to his repatriation shall be awarded expenses to cover such medical care, if recognized as necessary by the Minister of Welfare, for a period not exceeding two years after his repatriation.
The medical care as quoted in the preceding paragraph shall be limited to:
(1)　Medical examination;
(2)　Supply of medicine and other therapeutic materials;
(3)　Medical treatment, operation and other therapeutic care;
(4)　Hospitalization and other clincial service;
(5)　Nursing;
(6)　Transportation.
The amount of expenses for medical care as may be awarded under Paragraph 1 of this Article shall be computed on the basis fixed by the Minister of Welfare;provided, that the amount of such expenses shall, in no event, exceed the actual amount paid by the repatriated person concerned.
Article 8-(3).　In case a repatriated person dies while receiving medical care pursuant to the provisions of the preceding Article, burial expense of the remain amounting to 1,500 yen shall be issued to the bereaved family of the deceased.
The provisions of Paragraph 2 of Article 8 shall be applied, mutatis mutandis to the case as provided for in the preceding paragraph.
Article 8-(4).　A lump sum prescribed under Category A of the Annexed Table 1 shall be awarded to a repatriated person sufferring from physical deficiency which was caused by the illness sufferred or the injury incurred from a cause not attributable to his own fault prior to his repatriation, if the Minister of Welfare recognizes that the deficiency is comparable to one of those prescribed in the Annexed Table 1, regardless of whether the medical care for such illness or injury has been completed, either at the time of repatriation or, in the case of a person who required further medical care when repatriated, upon the completion of such medical care within two years after the date of promulgation of this Law or the date of his repatriation, whichever be the later or, upon the expiration of two years after such date.
Article 8-(5).　Neither the expense for medical care nor the lump sum shall be awarded to a repatriated persons who has previously been awarded a lump sum under the provision of the preceding Article.
Article 8-(6).　The medical expenses or the lump sum as provided for in this Law shall not be awarded to a person eligible for such benefits, in accordance with the provisions of any other laws and ordinances, as may be comparable to the medical expenses or the lump sum provided for by this Law.
Article 11 is hereby amended by deleting the words "the Annexed Table" and substitutingt herefor the words "the Annexed Table 2."
"Annexed Table" is hereby amended as "Annexed Table 2."
Supplementary Provisions:
Article 1.　The provisions of this Law shall be enforced from the day of its promulgation;provided that the provisions pertaining to the Lump Sum for physical deficiency shall be effective as from September 1, 1948 and the revised provisions of Article 4, Paragraph 2, Article 7 and Article 8, Paragraph 1 shall be applied as from October 1, 1948.
Article 2.　An ex-service man or a Gunzoku who had been repatriated on or before August 31, 1948, who requires continued medical care at the time of promulgation of this Law for illness sufferred or injury incurred from a cause not attributable to his own fault prior to his repatriation, shall be awarded expenses to cover such medical care for a period not exceeding two years after the enforcement of this Law, if the Minister of Welfare recognizes that such medical care is needed.
The provisions of Article 8-(2), Paragraphs 2 and 3 and Article 8-(3) shall be applied mutatis mutandis, to the case provided for in the preceding paragraph.
Article 3.　A lump sum as prescribed under Category B of the Annexed Table 1 shall be awarded to an ex-service man or a Gunzoku who had been repatriated on or before August 31, 1948, who is suffering from physical deficiency which was caused by an illness sufferred or an injury incurred from a cause not attributable to his own fault prior to his repatriation, if the Minister of Welfare recognizes that the deficiency is comparable to one of those prescribed in the Annexed Table 1 and that medical care for the illness or the injury which caused such deficiency had been completed on or before August 31, 1948.
Article 4.　A lump sum as prescribed under Category A of the Annexed Table 1 shall be awarded to an ex-service man or a Gunzoku who had been repatriated on or before August 31, 1948, who is sufferring from physical deficiency which was caused by an illness sufferred or an injury incurred from a cause not attributable to his own fault prior to his repatriation, if the Minister of Walfare recognizes that the deficiency is comparable to one of those prescribed in the Annexed Table 1 and that the medical care necessary for the illness or injury which caused such deficiency has been completed since September 1, 1948 and within two years after the promulgation of this Law or has not been completed at the expiration of such two-year period.
Article 5.　A person who has received benefits in the form of an annuity or a lump sum under another law or ordinance shall not be entitled to any sum payment under this Law for the same cause.
Annexed Table No.1
Table regarding Degree of Deficiency and Amount of Lump Sum Grant for Physical Handicap
Degree of Deficiency Class
No.
Class 1
(1)
Those who are blind in both eyes
A-\19,000
B-\3,800
(2)
Those who are disabled in the function of speech and mastication
(3)
Those who, with the heavy impediments in the functions left in their nerves, require care and protection at the normal time
(4)
Those who, with the heavy impediments in the functions of chest and abdominal organs, require care and protection at the normal time
(5)
Those who have been paralyzed in one side
(6)
Those who have lost both of their upper limbs upward of the elbow joints
(7)
Those who have been completely disabled in both of their upper limbs
(8)
Those who have lost both of their lower limbs upward of the knee joints
(9)
Those who have been completely disabled in both of their lower limbs
Class 2
(1)
Those who have been blind in one eye, and have the other eye, the vision of which has become under 0.02
A-17,000
B-3,400
(2)
Those both of whose eyes have become under 0.02 in vision
(3)
Those who have lost both of their upper limbs upward of their wrist joints
(4)
Those who have lost both of their lower limbs upward of their foot joints
Class 3
(1)
Those who have been blind in one eye and have the other eye, the vision of which has become under 0.06
A-15,000
B-3,000
(2)
Those who have been disabled in the function of speech or that of mastication
(3)
Those who have the heavy impediments left in their nerves and cannot labor for life
(4)
Those who have the heavy impediments in the functions of chest and abdominal organs and cannot labor for life.
(5)
Those who have lost all of their tan fingers.
Class 4
(1)
Those the visions of both of whose eyes have become under 0.06
A-13,500
B-2,700
(2)
Those who have the heavy impediments left in the functions of mastication and speech
(3)
Those who have been completely deaf in both of their ears due to the complete loss of the ear-drums or other causes
(4)
Those who have lost one of their upper limbs upward of the elbow joint
(5)
Those who have lost one of lower limbs upward of the knee joint
(6)
Those who have been completely disabled in their ten fingers
(7)
Those who have lost both of their legs upward of Lisfran joints
Class 5
(1)
Those who have been blind in one eye and have the other eye, the vision of which has become under 0.1
A-12,000
B-2,400
(2)
Those who have lost one of the upper limbs upward of its wrist joint
(3)
Those who have lost one of the lower limbs upward of its feet joint
(4)
Those who have been completely disabled in one of the upper limbs
(5)
Those who have been completely disabled in one of the lower limbs
(6)
Those who have lost all of their ten toes
Class 6
(1)
Those the visions of both of whose eyes have become under 0.1
A-10,500
B-2,100
(2)
Those who have the heavy impediments left in the function of mastication or speech
(3)
Those the auditions of both of whose ears cannot catch a loud voice, unless it is uttered close by the auricles, due to the damage of most part of the ear-drums and other causes
(4)
Those who have the heavy impediment left in their spinal column
(5)
Those who have been disabled in two of the three greater joints of one of the upper limbs
(6)
Those who have been disabled in two of the three greater joints in one of the lower limbs
(7)
Those who have lost five fingers of one hand or four fingers of it including the thumb and the second finger
Class 7
(1)
Those who have been blind in one eye and have the other eye, the vision of which has become under 0.6
A-9,000
B-1,800
(2)
Those the auditions of both of whose ears cannot catch the ordinary voice more than 40 cm. from them due to the medium grade damage of the ear-drums
(3)
Those who have the troubles in their nerves and can serve in nothing but the light labors
(4)
Those who have the impediments left in the functions of their chest and abdominal organs and can serve nothing but the light labors
(5)
Those who have lost the thumb and the second finger of one hand or three fingers of it including either the thumb or the second finger
(6)
Those who have been disabled in the function of their five fingers of one hand or four fingers of it including the thumb and the second finger
(7)
Those who have lost one leg upward of the Lisfran joint
(8)
Those who have been disabled in the functions of ten toes
(9)
Those females who have remarkable deformities left on their external appearances
(10)
Those who have lost both of their testicles
Class 8
(1)
Those who have been blind in one eye, or have one eye, the visions of which has become under 0.2
A-7,500
B-1,500
(2)
Those who have the motor impediments left in their spinal column
(3)
Those who have the remarkable impediments in the functions of the nervous system and can serve in nothing but the light labors
(4)
Those who have lost four fingers of one hand including the thumb
(5)
Those who have been disabled in the functions of the thumb and the second finger of one hand or more than three fingers of it including the thumb or the second finger
(6)
Those who heve one of their lower limbs shortened by more than 50 cm
(7)
Those who have been disabled in the function of one of the three greater joints of one of the upper limbs
(8)
Those who have been disabled in the functions of one of the three greater joints of one of the lower limbs
(9)
Those who have the false joint left in one of the upper limbs
(10)
Those who have the false joint left in one of the lower limbs
(11)
Those who have lost five toes of one feet
(12)
Those who have lost the spleen or the kidney on one side
Class 9
(1)
Those the visions of both of whose eyes have become under 0.6
A-6,000
B-1,200
(2)
Those the vision of one of whose eyes has become under 0.06
(3)
Those who have half-blind case, the structure of the field of visions or the distortion of the field of vision left in both eyes
(4)
Those who have the remarkable damages left on both of the eyelids
(5)
Those who have their noses remarkable damaged and have the remarkable impediments left
(6)
Those who have the impediments in the functions of mastication and speech
(7)
Those who have been completely deaf in one ear due to the complete loss of the ear-drum and others
(8)
Those who have lost the thumb of one hand, those who have lost two fingers including the thumb or those who have lost three fingers except the thumb and the second finger
(9)
Those who have been disabled in the function of two fingers of one hand including the thumb
(10)
Those who have lost more than two toes of one foot including the first toe
(11)
Those who have been disabled in the functions of five toes of one feet
(12)
Those who have the remarkable impediments in the external genitals
Class 10
(1)
Those the vision of one of whose eyes has become under 0.1
A 4,800
B-960
(2)
Those who have the impediments left in the function of mastication or speech
(3)
Those who have more than fourteen of the teeth repaired dentally
(4)
Those the audition of one of whose ears cannot catch loud voice, unless it is uttered close by the auricle, due to the loss of most part of the ear-drum
(5)
Those who have lost the second finger of one hand or two fingers of it except the thumb and the second finger
(6)
Those who have been disabled in the function of the thumb of one hand, those who have been disabled in the function of two fingers including the second finger, or those who have been disabled in the functions of three fingers except the thumb and the second finger
(7)
Those who have shortened one of the lower limbs by 3 cm
(8)
Those who have lost the firft toe or the other four toes of one foot
(9)
Those who have the remarkable impediments left in the function of one of the three greater joints of one of the upper limbs
(10)
Those who have the remarkable impediments left, in the function of one of the three greater joints of one of the lower limbs
Cless 11
(1)
Those who have the remarkable functional impediments in adjustment or motor impediments left in the eye-balls of both eyes
A-3,600
B-720
(2)
Those who have the remarkable motor impediments left in the eye-lids of both eyes
(3)
Those who have the remarkable damages left in the eye-libs of one of the eyes
(4)
Those the audition of one of whose ears cannot catch an ordinary voice at the distance of more than 40 cm. due to the medium degree of the damages of the ear-drum and others
(5)
Those who have the deformity left in the spinal column
(6)
Those who have lost the third and fourth fingers of one hand
(7)
Those who have been disabled in the function of the second finger of one hand, or those who have been disabled in the functions of two fingers of it except the thumb and the second finger
(8)
Those who have been disabled in the function of more than two toes of one foot including the first toe
(9)
Those who have the impediments lost in the functions of the chest and abdominal organs
Class 12
(1)
Those who have the remarkable functional impediments in adjustment or motor impediments left in one of the eye-balls
A-2,400
B-480
(2)
Those who have the remarkable motor impediments left in one of the eye-lids
(3)
Those who have more than seven-teeth repaired dentally
(4)
Those who have most part of one the auricles lost
(5)
Those who have the remarkable deformities left in the collar-bones, the breast bone, the ribs, the shoulder-blades or the palvis
(6)
Those who have the impediments left in the functions of one of the three greater joints of one of the upper limbs
(7)
Those who have the impediments left in the function of one of the three greater joints of one of the lower limbs
(8)
Those who have the deformity left in the long-tube bone
(9)
Those who have been disabled in the function of the third finger or the fourth finger of one hand
(10)
Those who have lost the second toe of one foot, those who have lost two toes including the second toe, or those who have lost three toes except the first and second toes
(11)
Those who have been disabled in the functions of the first toe or the other four toes
(12)
Those who have the malignant nervous diseases left in the affected parts
(13)
Those male who have the remarkable deformities left on the external appearance
(14)
Those females who have the deformities on the external appearance
Class 13
(1)
Those the vision of one of whose eyes has become under 0.6
A-1,600
B-320
(2)
Those who have the half-blind case, the structure of the field of vision, or the distortion of the field of vision left in one of the eyes
(3)
Those who have the damages left in a part of both eye-lids, or have the eye-lash boldness left in them
(4)
Those who have lost the little finger of one hand
(5)
Those who have lost a part of the finger bones of the thumb of one hand
(6)
Those who have lost a part of the finger bones of the second finger of one hand
(7)
Those who have been unable to extend and contract the last joint of the second finger of the hand
(8)
Those who have one of the lower limbs shortened by more than 10 mm.
(9)
Those who have lost one or two toes of one foot except the thumb or the second finger
(10)
Those who have been disabled in the function of the second toe of one foot, those who have been disabled in the function of two toes including the second toes, or those who have disabled in the functions of the three toes except the first and second toes
Class 14
(1)
Those have the damages left on a part of the eye-lids of one eye, or the eye-lash boldness left on it
A-800
B-160
(2)
Those who have more than three teeth repaired dentally
(3)
Those who have the deformed scars of the size of the palm left on the exposed side of the upper limbs
(4)
Those who have deformed scars of the size of the palem left on the exposed side of the lower limbs
(5)
Those who have been disabled in the functions of the little finger of one hand
(6)
Those who have lost a part of the finger-bones of the fingers of one hand except the thumbs and the second finger
(7)
Those who have been unable to extend and contract the last joints of fingers of one hand except the thumbs and the second finger
(8)
Those who have been disabled in the functions of one or two toes of one foot except the first and second toes
(9)
Those who have the nervous diseases left in the affected parts
(10)
Those males who have the deformities left on the external appearance
Remarks:
1.　The eye-sight is measured by the international visual map. With regard to the eye of its irregular reflection, the eye-sight as measured after its correction.
2.　Loss of finger means its loss from the finger-knuckle, in case of the thumb;its loss more than the first finger-knuckle, in case of other fingers.
3.　Loss of the function of finger means its loss of the half or more of the 1st segment, or retention of serious motional disorder in the hand-knuckle or in the first finger-knuckle (the finger-knuckle in case of the thumb).
4.　Loss of toe means its total loss.
5.　Loss of the function of toe means its loss of the half or more of the 1st segment, in case of the first toe, its loss from the last toe-knuckle, in case of other toes;or the joint or in the first toe-knuckle (the toe-knucle in case of the first toe).
Minister of Finance pro tem.　Minister of State　OYA Shinzo
Minister of Welfare　HAYASHI Joji
Prime Minister　YOSHIDA Shigeru