The Lawsuit to Ban the Discharge of 'Fukushima Contaminated Water' Will Not Be Addressed in Domestic Courts

Busan District Court Dismisses Lawsuit, Citing Lack of Jurisdiction

The lawsuit demanding to stop the discharge of contaminated water from the Fukushima nuclear power plant in Japan will no longer be handled in domestic courts.

The court dismissed the lawsuit filed by environmental and civic groups in Busan against Tokyo Electric Power Company (TEPCO) seeking to prohibit the discharge of contaminated water from the Fukushima nuclear power plant without any ruling on the merits.

This was because the court determined that international judicial jurisdiction does not apply to TEPCO's discharge actions.

The Civil Division 6 of the Busan District Court (Chief Judge Nam Jae-hyun) held a hearing on the 17th morning regarding the discharge prohibition lawsuit filed by members of environmental and civic groups such as the Busan Environmental Movement Federation against TEPCO, the operator of the Fukushima nuclear power plant, and dismissed the plaintiffs' claims.

According to the court, although the plaintiffs based their claims on the London Protocol, the Vienna Convention, Article 217 of the Civil Act, and other laws, considering the legal provisions and Supreme Court precedents, it is difficult to recognize international judicial jurisdiction in the court, and since the claims are based on treaties that cannot serve as judicial norms, the claims themselves were deemed inappropriate.

The lawyer representing the civic groups said, "The court accepted TEPCO's argument that international agreements such as the London Protocol apply only to states and not to individuals," and added, "We will carefully review the judgment and file an appeal."

Previously, the environmental groups argued, "Discharging Fukushima contaminated water into the ocean violates the London Protocol and constitutes a crime that breaches international trust," and stated, "TEPCO claims that since it is a treaty between states, individuals are not obligated to comply, but there is a clear duty to comply for citizens who cannot be separated from the state, and this applies equally to TEPCO," as they filed the lawsuit.