廣島法學 40巻 1号
2016-06-24 発行

大規模災害と二重債務問題 : 「個人債務者の私的整理に関するガイドライン」を中心に

Large-Scale Disasters and issues of double loan : Focusing on "Guidelines for Individual Debtor Out-of-Court Workouts"
金 鉉善
本文ファイル
抄録
The Great East Japan Earthquake that occurred on 11 March 2011, followed by a tsunami that struck the northeast region of Japan and subsequent nuclear power plant disasters, damaged vast areas of the Tohoku region.

It is now 5 years since the disaster occurred and yet the issue of double loans still remains. As a result of large-scale disasters like the Great East Japan Earthquake, it is anticipated that debtors will face difficulties in making a new start in the future whilst they are still burdened with the liability of existing debts. This describes the so-called ‘double loan problem’.

The Japanese government has devised various plans in an attempt to resolve the double loan problem. This paper will focus on “Guidelines for Individual Debtor Out-of-Court Workouts”, by discussing the following issues: 1) previous disasters (we compare the Kobe Earthquake and the Great East Japan Earthquake to ensure that necessary preparations can be made for future large-scale disasters) and 2) striking a balance between disaster-affected people who used these guidelines and those who used other measures after the Great East Japan Earthquake.

Future natural disasters similar to the Nankai Trough Earthquake and the Capital Inland Earthquake are inevitable in Japan. Therefore, this paper aims to explain the importance of a fair share of damages (debt).
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