Asahi v. Japan

21 Minshu 5 at p. 1043, 1964 Gyo-Tsu 14 (1967)

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Asahi v. Japan

Japan Supreme Court
21 Minshu 5 at p. 1043, 1964 Gyo-Tsu 14 (1967)

Facts

Asahi was a tuberculosis patient receiving a 600 yen stipend, free meals, and medical care from the Japanese Ministry of Health and Welfare (ministry). After Asahi’s brother began sending him 1,500 yen a month, the ministry terminated Asahi’s stipend and required Asahi to pay 900 yen towards his medical care. Asahi brought a case challenging the actions of the ministry, and a lower court reinstated the stipend. The lower court found that the Livelihood Protection Law outlined certain standards for aid provided by the government and that the ministry had discretion to determine the minimum standard for aid. However, the lower court found the required payment of 900 yen and the benefits from the government were inadequate to maintain the standards guaranteed by Article 25 of the constitution and the Livelihood Protection Law. The ministry appealed the judgment to the supreme court. While Asahi died during the process of appeal, the supreme court entered a judgment on the case.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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