The surviving same-sex spousal benefit application filed in Japan

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NAGOYA - APRIL 2: A view of Nagoya Castle as seen through cherry blossoms in full bloom in Nagoya, 02 April 2003. In the sprintime cherry blossoms delight the eyes of local residents and tourists visiting the castle, the symbol of Nagoya. (Photo by Toru YAMANAKA/AFP/Getty Images)

The gay man whose partner was killed is currently demanding the spousal benefit although same-sex couples have never received it before in Japan. The 41-year-old man, who works as a cleaner, his partner was killed in 2014. He lives in Nagoya, and applied for the benefits on 12 December 2016. It is believed to be the first such case in the country’s history. The Nagoya District Court has recognised the couple as co-habitants who lived as a married couple even though their unity was not legally recognized by the Japanese law. Japanese law states that compensation is given to the partners of an innocent victim of a crime shall be paid benefits.
This includes de facto relationships. But the National Police Agency has said that the man should not receive the benefits as the couple were not legally married.The surviving partner’s lawyer said the cleaner “should be able to receive the benefits as he had a de facto marriage with his partner and is suffering from massive mental and economic losses.”

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