The Miyazaki District Court said that it was "disturbing daily life and suffering psychological damage" in a trial filed by local residents over the noise of the Air Self-Defense Force Nittahara Base in Miyazaki Prefecture. I handed down a judgment ordering compensation of more than 10,000 yen.
On the other hand, complaints such as prohibition of flight of SDF aircraft were rejected.
178 residents around the Nittahara base in Shintomi Town, Miyazaki Prefecture, said that the noise of the Self-Defense Forces aircraft was seriously damaging their health and daily life, and the government banned the flight of the Self-Defense Forces aircraft at night and early morning. I was seeking compensation for noise damage, including future ones.
In a ruling on the 28th, Judge Yasuto Odashima of the Miyazaki District Court said, "Although no noise damages health, it interferes with certain sleep and daily life. I feel uneasy about my health. I'm also suffering from psychological damage, which is beyond the limits I can tolerate. "
On top of that, he ordered a total of about 123 million yen in compensation for the noise damage caused by the 172 plaintiffs.
On the other hand, the remaining six plaintiffs were dismissed because the noise damage was limited and did not exceed the tolerable limit.
In addition, regarding compensation for the future, he dismissed the complaint, saying, "It cannot be said that the noise level of the present will continue."
Furthermore, regarding the prohibition of flight of SDF aircraft at night and early morning, "Noise damage cannot be underestimated, but it is extremely unreasonable to continue flight because measures are taken to mitigate the damage. I can't say that. "
Plaintiffs Nishida Attorney "Continue to Fight"
Following the ruling, the plaintiffs' lawyers held a press conference in Miyazaki City and announced their intention to appeal the ruling.
Among them, lawyer Ryuji Nishida, who is the secretary general of the defense team, said, "The damage was not recognized at night and early in the morning, and some people did not recognize the damage in the first place, so the judgment is not accepted. We will continue to fight until it is approved, "he said.
Katsuya Iwamoto, co-representative of the plaintiffs, said, "It's a shame because most of what we've been desperately trying to appeal to hasn't been recognized. We have to put up with it because of the public nature of the country. I'm not convinced even if I get it. "
In addition, Joji Iwamoto, one of the plaintiffs, said, "I am relieved that the noise that has been suffering until now has been judged to be illegal for the first time. The court admitted that the noise of the SDF aircraft is illegal. I would like to share this with other people and invite them to participate in the trial. "
Ministry of Defense "Carefully consider future measures"
Regarding this ruling, the Ministry of Defense said, "We take that the court did not understand that the payment of damages for the past was ordered. The Ministry of Defense is cautious about future measures based on the content of the ruling. We will consider this and take appropriate measures after sufficient coordination with related organizations. "