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Tuesday January 23, 9:29 AMHigh court overturns ruling on park as homeless man's address(Kyodo) _ (EDS: TO BE LED)The Osaka High Court on Tuesday overturned a lower court ruling that a park can be registered as an address of a homeless man. Yuji Yamauchi, 56, has lived in a pegged tent in Ogimachi Park in Osaka City's Kita Ward since around 1998 and received his mail there. The ward office refused to register the park as his address in March 2004, prompting him to file the lawsuit with the Osaka District Court to demand the local government rescind the decision. The district court backed his claim in January last year, saying that a residence should be decided as valid by whether it is serving as the base for a person's living quarters, regardless of whether the person has the right over the piece of land or not. The city office appealed it, arguing a tent is removable and that it would accelerate the unlawful occupation of a park if it is recognized as an address. Yamauchi claimed at the appeal court that he has trouble joining the public health insurance system and exercising his voting right without an authorized address. According to a Ministry of Health, Labor and Welfare survey in 2003, about 6,600 homeless people lived in the city of Osaka, the largest among the nation's cities. The number translates to 26 percent of the nationwide total of about 25,000 homeless people. |
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