TEPCO executives under investigation for charges of professional negligence resulting in death or injury. UPDATE（業務上過失致死傷容疑)

The Japanese police continue their investigation into TEPCO, the managing entity of the Fukushima Nuclear Reactor for charges of professional negligence resulting in death or injury. TEPCO announced on April 3rd that the bodies of two Fukushima workers had been found at Fukushima Reactor #1. The bodies were found on March 30th. The announcement came a few days later. The odds are increasing that the final charges will be professional negligence resulting in death. It is not “official” and still in the early stages (内偵捜査段階). However, based on past experience, TEPCO is well-aware of this.  In Japanese the charges are called 業務上過失致死傷 (Gyomujokashitsuchishosho). William Cleary has written a series of excellent articles on the history of professional negligence as a criminal act in Japan, pointing out that “article 211 of the Penal Code provides for a prison term of not more than five years, and a fine of not more than JP¥500,000 for anyone found guilty of committing an act of professional negligence. However, it is quite common for a defendant to receive a suspended sentence, especially in cases of medical malpractice.” The law is explained concisely in the Police Professional Terms Dictionary: 業務上過失致死傷罪:業務上必要な注意を怠り、その結果、人を死傷させた場合、５年以上の懲役（禁固）または１００万円以下の罰金と処せられる。(警察実務用語辞典）

The legal precedent to this case was the trial and conviction of six JOC executives in March 2003, for the death of two workers. JOC was a nuclear fuel processing firm. All six executives were convicted but given suspended sentences. In TEPCO’s case, if the charges stick, suspended sentences seem increasingly unlikely. The application of this law is a double-edged sword. While it’s good to see corporate malfeasance punished, most individual are reluctant to incriminate themselves and go to to jail. Therefore, important, but possibly incriminating information, is sometimes withheld when it should be released. Many people are very selfish and hesitate to dig their own graves, even when it means they may bury other people in the process.

There are jurisdictional issues in the current case as to who should lead the investigation: the Fukushima Prefectural Police or the Tokyo Metropolitan Police, since TEPCO has offices in Tokyo and the accident took place in Fukushima Prefecture. It will probably be a joint investigation, but the Tokyo Metropolitan Police Department will take the lead. If political involvement becomes an issue, and it may, the Tokyo Prosecutor’s Office will join the investigation or take it over. There have been numerous examples of corporate malfeasance at TEPCO in the past. In this case, the primary act of criminal negligence appears to be building the emergency power generators in an area which any reasonable person could deduce would be flooded, ruining the generators, in case of a large tsunami. Recent news indicates that TEPCO knew this was a possibility years ago but failed to move the generators or act upon this information.

GE was the original designer of the plant so theoretically its possible that they also face criminal investigation but unlikely since so many years have passed since the plant was built.  In that unlikely case, the National Police Agency would have to work in conjunction with US Federal law enforcement.However, it would not be unprecedented for a foreign firm or non-Japanese nationals to be arrested or put under investigation for the above charges,  as was the case of Schindler Elevator. Schindler was investigated by the Tokyo Police, their offices raided,  and the case handed over to the prosecutors. The Schindler Elevator case is a very useful example of the problems that arise when a firm, foreign or Japanese,  handles an accident improperly in the context of  Japanese society and the severe consequences.

Note: The Japan Times is an invaluable site in researching crime and punishment in Japan in English and I’m very grateful they have not put their past articles behind a pay-wall. The Japan Times is short-staffed in these times when the newspaper industry struggles to survive, but they have done and continue to do some excellent reporting. I’m going to get a subscription as as gesture of support.