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SCOJ 2005 No. 947 : ウィキペディア英語版
SCOJ 2005 No. 947

The HIV-Tainted Blood Case ((業務上過失致死被告事件 )) is a Supreme Court of Japan case that resulted in a landmark decision regarding criminal responsibility for administrative negligence. The Court upheld the conviction of Akihito Matsumura, former director of the biologics division of the old Health and Welfare Ministry, for his failure to prevent the use of HIV-contaminated blood products in the 1980s that resulted in the death of a patient.〔("Top court upholds HIV-scandal sentence" ), Japan Times, (2008-03-05).〕 According to the two lower court rulings, Matsumura caused the death of a patient with liver disease in December 1995 by failing to stop the use of unheated blood products contaminated with HIV. The decision marks the first time that a government official has been held criminally responsible for administrative negligence.〔 The decision finalized a verdict of 1 year in prison, suspended for two years, for Matsumura.〔(TOKYO: Ex-official's negligence on AIDS upheld ), Asahi Shimbun, (2008-03-05)〕
==History of case==
(詳細はJapan blood scandal official convicted ), BBC News Online, (2001-02-28)〕
Matsumura, hemophilia expert Takeshi Abe and three former presidents of blood product maker Green Cross Corp. were indicted over the scandal.〔
The Osaka High Court found Renzo Matsushita, a former president of the Osaka-based Green Cross company, and two of his colleagues—Tadakazu Suyama and Takehiko Kawano—guilty of professional negligence resulting in death.
It has been suggested that the scandal originated in an alleged effort by the Japanese government to hide war crimes committed by the members of Unit 731 of the Imperial Army during WWII. Ryoichi Naito, an army doctor from Unit 731, founded the Japan Blood Bank, which became Green Cross Corp. in 1964. Unit 731's commander, Masaji Kitano, became a director of Green Cross, and other former members also served on the Green Cross's staff during the 1970s and 1980s. The firm ultimately became the leading pharmaceutical company and the largest producer of blood products in Japan. Several former members of Unit 731 also worked at the laboratory at the The National Institute of Health (NIH) (a subsidiary of the Ministry of Health and Welfare) that tested Green Cross's blood products. That laboratory reported that there were no signs of a dangerous virus in the Green Cross blood products.〔("The Rebirth of Japan's Petit Quasi-Jury and Grand Jury Systems: A Cross-National Analysis of Legal Consciousness and the Lay Participatory Experience in Japan and the U.S." ), Cornell International Law Journal, 40 Cornell Int'l L.J. 315, 2007.〕

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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