Law for Special Measures concerning Civil Cases in Consequence of the Administrative Agreement under Article III of the Security Treaty between the United States of America and Japan
法令番号: 法律第121号
公布年月日: 昭和27年4月28日
法令の形式: 法律
I hereby promulgate the Law for Special Measures concerning Civil Cases in Consequence of the Administrative Agreement under Article III of the Security Treaty between the United States of America and Japan.
Signed:HIROHITO, Seal of the Emperor
This twenty-eighth day of the fourth month of the twenty-seventh year of Showa (April 28, 1952)
Prime Minister YOSHIDA Shigeru
Law No.121
Law for Special Measures concerning Civil Cases in Consequence of the Administrative Agreement under Article III of the Security Treaty between the United States of America and Japan
(Obligation of the State to Redress)
Article 1. If a member or an employee of any of the land, sea or air armed forces of the United States in Japan under the Security Treaty between the United States of America and Japan (hereinafter referred to as "the United States armed forces" ) has inflicted in Japan any damage on another person through an illegal act in the performance of his official duties, the State shall be under obligation to make the redress of such damage same as in the case wherein any damage has been inflicted by an official or an employee of the State through an illegal act in the conduct of his official duties.
Article 2. If any damage has been inflicted in Japan upon another person through the existence of any defect in the construction, or maintenance of any installation upon the land or other thing which is occupied, owned, or controlled by the United States armed forces, the State shall be under obligation to make the redress of such damage same as in the case wherein any damage has been inflicted upon a person through the existence of any defect in the construction or maintenance of an installation upon the land or other thing occupied, owned or controlled by the State.
Article 3. The provisions of the preceding two Articles shall not apply in cases where the person who has sustained any damage is a member of the United States armed forces, a civilian component or their dependent mentioned in the Administrative Agreement under Article III of the Security Treaty between the United States of America and Japan.
(Time Limit for Filing a Claim)
Article 4. The filing of a claim under the provision of Article 1 or Article 2 shall be done within one year of the time when such damage has arisen.
(Special Provision for Compulsory Execution)
Article 5. In case where any movable property (excluding that in use by the United States armed forces) which is subject to compulsory execution under Japanese law is in a facility or area in use by the United States armed forces, the court of execution shall, upon the application of the claimant, demand the authorities of the United States armed forces for the handing over of the item to the bailiff entrusted by the claimant.
Supplementary Provision:
This Law shall come into force as from the day of the coming into force of the Security treaty between the United States of America and Japan.
Attorney-General KIMURA Tokutaro
Prime Minister YOSHIDA Shigeru