Solicitud directa (CEACR) - Adopción: 1992, Publicación: 79ª reunión CIT (1992)

In its previous comments, the Committee noted that under section 98bis of the Self-Defence Forces Law, No. 165 of 1954, graduates from the Self-Defence Medical School (Bôei-Ika-Daigaku) are required to serve nine years in the Self-Defence Force, unless they return the expenses of their education.

The Committee noted Administrative Order No. 179 of 1954 to implement Act No. 165 of 1954, which governs the repayment of training fees and establishes the level of repayment according to the year of graduation in accordance with schedule No. 10 to the Order. The amount of the repayment decreases in proportion to the number of months of service after graduation (section 120-15); the repayment must be made within one month starting from the first day of the calendar month following the date of resignation. Repayment in half-yearly instalments over a period not exceeding two years may be authorised for acceptable reasons such as the illness of the debtor. If the repayment is not made in accordance with these procedures, a 14.5 per cent per annum interest charge is applied per day of delay (section 120-16). In the event of total or partial physical or mental disablement, the debtor may be exempted from repayment of the whole or part of the amount (section 120-17).

The Committee notes the Government's statement in its report that the repayment that is envisaged is within the limits of the benefits afforded by the State to graduates from the Self-Defence Medical College, and that it does not have the nature of a sanction.

The Committee emphasises that the repayment of large sums within a short period (for example, the repayment in one month of a sum calculated on the basis of 34.890.000 yen for those who graduated in March 1989) may prevent graduates from withdrawing from compulsory service which, in practice, could be tantamount to imposing service by law, which is contrary to the Convention.

The Committee also notes the information supplied by the Government in reply to its direct request. In particular it notes that, according to the indications made by the Government, the total number of graduates from the Self-Defence Medical School was 851 in March 1991, and that four graduates have not accepted a post as medical officer, three of whom graduated in March 1991.

The Committee requests the Government to supply further information, and in particular to state the number of applications to resign submitted after the nomination of a graduate to a post as medical officer. It also requests the Government to supply information on the recourse available in the event of a request being rejected and on the sanctions applied in the event of failure to make repayment. The Committee requests the Government to state which types of training (other than medical training) lead to graduation through the above Medical School. Finally, it requests the Government to supply information on any measures that have been taken or are envisaged to ensure that the Convention is respected in this connection.