涉及美軍事件及事故、日本支付３．８億円賠償

A few weeks ago the Asahi News on-line reported the following:

米軍絡みの事件・事故、日本が３．８億円賠償

泗水康信

2014年8月12日22時42分

　米軍が関係する事件・事故が、昨年度までの１０年間に国内で少なくとも約１万件起き、日本が負担した被害者への賠償金は約３億８千万円以上に上ることが、防衛省の統計などでわかった。日本側に責任がないケースも多いとみられるが、日米地位協定で負担率が決まっているためだ。米軍基地が集中し、発生件数の半数を占める沖縄では、協定改定を求める声が根強い。

　防衛省や沖縄県によると、２００４～１３年度、米軍機の墜落や米軍人・軍属による交通事故や強盗、性犯罪などの事件・事故は、公的な賠償の対象になりうるものだけで、公務中２１３８件、公務外７８２４件の計９９６２件が発生。うち約４８％が沖縄で起きていた。

　住民ら被害者への賠償金は計約２０億３千万円で、うち公務中の事件・事故は約１５億円。日米地位協定は、公務中のものなら米軍側に責任があっても、日本政府が２５％を負担すると定めている。双方に責任があれば負担率は５０％。日本は２５％か５０％を支払う仕組みだ。

　この１０年の公務中の事故などが全て米軍側の責任で起きたとしても、日本は約１５億円のうち約３億８千万円を負担した計算になる。０４年８月に起き、１３日で発生から１０年となる沖縄国際大（宜野湾市）へのヘリ墜落事故では、日本側の責任はないとされ、賠償金約２億７千万円のうち２５％を日本が負担している。

　一方、公務外の事件・事故の賠償金負担率は、地位協定に明記されていない。

　沖縄での米軍の事件・事故に関する訴訟を多く手がける新垣勉弁護士は「沖国大でのヘリ事故後も、沖縄で米軍関係の事件・事故が相次ぐ状況は変わっていない。米軍側に責任がある公務中の不法行為に日本の税金が使われる仕組みはおかしく、米国が全額を負担すべきだ」と指摘する。（泗水康信）

(試譯文)

At least about 10,000 incidents or accidents related to the U.S. Forces had occurred in the country in the ten years up to the last fiscal year; it was turned out by statistics of the Ministry of Defense etc. that the compensation given to victims paid by Japan went up to over 380 million yen. While it seemed that in many cases the responsibility was not on Japan, yet it had to pay because a contribution percentage had been decided by the Status of Forces Agreement signed between Japan and the U.S. A call for agreement amendment was deep-rooted in Okinawa where U.S. bases had concentrated and half of these cases happened there.

According to the Ministry of Defense and the Okinawa Prefecture, in the 2004 -13 fiscal years, there were in total 9,962 incidents and accidents including the crash of a U.S. Forces plane, traffic accidents by U.S. Forces staff or army’s civilian employees, burglar and sex crimes, all could become the target for public compensation. Among them 2,138 incidents happened during official activities, 7,824 cases were non-official. Among them about 48% occurred in Okinawa.

The compensation to victimized residents was about 2,030 million yen in total, among them the incidents and accidents related to official activities was about 1,500 million yen. According to the Status of Forces Agreement between Japan and the U.S., an incident of official activities nature, even if the responsible was on the side of the U.S. Forces, the Agreement had decided that the Japanese government had to pay 25%. Contribution percentage would be 50% if both sides were responsible. Japan was in a system of paying 25% or 50%.

Supposed that in these ten years all the accidents occurred were due to official activities with the responsibility solely on the side of the U.S. Forces, of the about 1,500 million yen paid, in calculation Japan had to pay about 380 million. Regarding the helicopter plane crash occurred in August, 2004 at the Okinawa International University (Ginowan), which would be its tenth years on 13^th (August) after the happening, while it was presupposed that Japan was not responsible yet it had to pay 25% of the about 270 million yen compensation.

On the other hand, the compensation contribution percentage was not specified in the Status of Forces Agreement regarding incidents and accidents due to non-official activities.

Lawyer Tsutomu Aragaki who had dealt with many lawsuits on incidents and accidents of the U.S. Forces in Okinawa pointed out that "after the helicopter accident in Okinawa International University, the situation that U.S. Forces-related incidents and accidents continued to occur in Okinawa has not changed. The mechanism in which Japan’s revenue is used to pay for law breaking incidents happened in official activities which the U.S. Forces had responsibility is amusing; the U.S. should pay for the full amount".

It seems that the Status of Forces Agreement signed between Japan and the U.S. is unfair to the tax-payers in Okinawa.