Japanese Attorney at Law - Bengoshi L.L. - Japan Compliance (Page 82)

Defining "Worker" for Collective Bargaining: Insights from Japan's Supreme Court in the "Customer Engineer" Case

Judgment Date: April 12, 2011 Case Name: Claim for Revocation of an Unfair Labor Practice Remedy Order (Supreme Court, Third Petty Bench) The scope of who qualifies as a "worker" entitled to collective bargaining rights under Japan's Trade Union Act (TUA) is a critical issue, particularly

The Definition of "Employee" in Japanese Labor Law: Insights from a Landmark Supreme Court Ruling

Judgment Date: November 28, 1996 Case Name: Claim for Revocation of Administrative Disposition Denying Medical Compensation Benefits, etc. (Supreme Court, First Petty Bench) This blog post delves into a significant Japanese Supreme Court judgment issued on November 28, 1996. The case revolved around whether an individual truck driver, working under

Balancing Treatment and Liberty: Japan's Supreme Court Upholds Constitutionality of the Medical Treatment and Supervision Act

Date of Decision: December 18, 2017, Supreme Court of Japan (Third Petty Bench) Navigating the intersection of mental illness, public safety, and individual rights presents profound challenges for any legal system. In Japan, the "Act for Medical Treatment and Supervision of Persons Who Have Caused Serious Harm to Others

Liberty During Evaluation: Japan's Supreme Court on Revoking Pre-Hearing Psychiatric Commitment Orders

Date of Decision: August 7, 2009, Supreme Court of Japan (Third Petty Bench) Japan's "Act for Medical Treatment and Supervision of Persons Who Have Caused Serious Harm to Others in a State of Insanity or Diminished Capacity" (commonly known as the 医療観察法 - Iryō Kansatsu Hō,

When Reality Blurs: Japan's Supreme Court on Acts by Schizophrenic Individuals and the Medical Treatment & Supervision Act

Date of Decision: June 18, 2008, Supreme Court of Japan (Third Petty Bench) Japan's legal system, like many others, faces the complex challenge of addressing harmful acts committed by individuals suffering from severe mental illness. When such individuals are found to be legally insane or to have diminished

Remote Care, Tragic Outcome: Japan's Supreme Court on Psychiatrist's Liability in Outpatient Suicide

Date of Decision: March 12, 2019, Supreme Court of Japan (Third Petty Bench) The duty of care for medical professionals, particularly psychiatrists, in preventing patient suicide is a profoundly challenging area of law and ethics. This responsibility becomes even more complex when treating outpatients, especially those managed remotely. A significant

Life, Death, and the Law: A Japanese Supreme Court Case on Withdrawing Medical Treatment and Homicide

Date of Decision: December 7, 2009, Supreme Court of Japan (Third Petty Bench) End-of-life medical decisions, particularly the withdrawal of life-sustaining treatment, reside at a complex intersection of medical ethics, patient autonomy, family wishes, and the law. In Japan, where clear legislative guidelines on this issue have been sparse, medical

A Price for Identity? Japan's Supreme Court Upholds Surgical Requirement for Legal Gender Change, But Signals Need for Review

Date of Decision: January 23, 2019, Supreme Court of Japan (Second Petty Bench) The legal recognition of gender identity is a critical issue for transgender individuals, profoundly impacting their dignity, social life, and fundamental rights. In Japan, the "Act on Special Cases in Handling Gender Status for Persons with

Transgender Parentage in Japan: Supreme Court Affirms Presumption of Legitimacy for Child Born via Donor Insemination

Date of Decision: December 10, 2013, Supreme Court of Japan (Third Petty Bench) The evolving understanding of gender identity and advancements in assisted reproductive technologies (ART) present ongoing challenges to traditional legal frameworks of family and parentage. A landmark Japanese Supreme Court decision on December 10, 2013, addressed a deeply

Surrogacy Across Borders: Japan's Supreme Court on Legal Motherhood and Foreign Judgments

Date of Decision: March 23, 2007, Supreme Court of Japan (Second Petty Bench) Assisted Reproductive Technologies (ART) have revolutionized family building, offering hope to many who cannot conceive naturally. However, methods like surrogacy, particularly when they involve international arrangements, often create intricate legal quandaries regarding the determination of parentage. A

A Child Born After Death: The Japanese Supreme Court on Posthumous Conception and Legal Parentage

Date of Judgment: September 4, 2006, Supreme Court of Japan (Second Petty Bench) The advancement of assisted reproductive technologies (ART) has opened up new pathways to parenthood, but it has also presented profound legal and ethical challenges that existing laws often struggle to address. One such challenge is posthumous conception—

Balancing Safety and Liberty: Japan's Supreme Court on Physical Restraints in General Hospitals

Date of Judgment: January 26, 2010, Supreme Court of Japan (Third Petty Bench) The use of physical restraints on patients in hospitals presents a profound ethical and legal dilemma, pitting the duty to ensure patient safety against the fundamental rights to liberty and dignity. This issue is particularly acute when

A Case of Mistaken Identity: Japan's Supreme Court on Patient Identification Failures in Team Medicine

Date of Decision: March 26, 2007, Supreme Court of Japan (Second Petty Bench) Few errors in medicine are as profoundly devastating and fundamentally preventable as patient mix-ups leading to wrong-site or wrong-patient surgery. Such incidents strike at the core of patient trust and safety. A landmark decision by the Japanese

Leadership, Trust, and Tragic Error: A Japanese Supreme Court Case on Medical Team Responsibility in Anticancer Drug Overdose

Date of Decision: November 15, 2005, Supreme Court of Japan (First Petty Bench) The complexities of modern medical treatment often necessitate a team-based approach, pooling the expertise of various professionals. However, this collaborative model can also lead to tragic errors if roles, responsibilities, and oversight are not meticulously managed. A

Defining Responsibility: The Duty of Explanation in Japanese Team-Based Medical Care – A Supreme Court Perspective

Date of Judgment: April 24, 2008, Supreme Court of Japan (First Petty Bench) In the increasingly specialized and collaborative environment of modern medicine, "team-based care" has become a cornerstone of patient treatment. While this approach offers numerous benefits by pooling diverse expertise, it can also complicate lines of

Navigating the Nuances of Medical Liability in Japan: The "Expectation Right" and a Landmark Case

Date of Judgment: February 25, 2011, Supreme Court of Japan (Second Petty Bench) The realm of medical malpractice litigation often grapples with the intricate challenge of proving a direct causal link between a medical professional's actions (or omissions) and a patient's adverse outcome. In Japan, this

Loss of a Substantial Chance: Japan's Supreme Court on Compensation When Causation of Death is Uncertain

Date of Judgment: September 22, 2000 (Heisei 12) Case Reference: Supreme Court of Japan, Second Petty Bench, 1997 (O) No. 42 In a landmark decision issued on September 22, 2000, the Supreme Court of Japan formally recognized a basis for compensation in medical malpractice cases even when a direct causal

Concurrent Torts: Japan's Supreme Court on Joint Liability in Traffic Accident and Subsequent Medical Malpractice

Date of Judgment: March 13, 2001 (Heisei 13) Case Reference: Supreme Court of Japan, Third Petty Bench, 1998 (Ju) No. 168 In a significant judgment delivered on March 13, 2001, the Supreme Court of Japan clarified the principles of joint tortfeasor liability in complex scenarios where an initial tort (a

Squeeze-Out of Minority Shareholders in Japan: Methods and Shareholder Protection

In corporate finance and restructuring, a "squeeze-out" (or "freeze-out") refers to a transaction or series of transactions through which a controlling shareholder or group compels minority shareholders to sell or otherwise relinquish their shares, thereby achieving 100% ownership of the company. While often pursued for legitimate

Mergers, Company Splits, Share Exchanges/Transfers, and Share Delivery in Japan: Comprehensive Explanation of Procedures and Points to Note

Corporate reorganizations, such as mergers, company splits, share exchanges, share transfers, and the newer share delivery mechanism, are fundamental tools for strategic realignment, growth, and consolidation in the Japanese corporate landscape. The Japanese Companies Act (Kaisha-hō) provides a detailed and often complex set of procedural rules for these transactions, designed

Distribution of Company Property to Shareholders in Japanese K.K.s: Understanding "Distribution of Surplus" and Source Regulations

One of the primary motivations for investing in a Kabushiki Kaisha (K.K., or joint-stock company) in Japan is the prospect of receiving a return on that investment through distributions of the company's profits. The Japanese Companies Act (Kaisha-hō) provides a detailed framework for how companies can distribute

M&A in Japan: Key Methods for Acquisition by Share Purchase vs. Business Succession

Mergers and acquisitions (M&A) are pivotal strategic maneuvers for companies seeking growth, diversification, market entry, or operational synergies. In Japan, like in other major economies, a sophisticated legal framework under the Companies Act (Kaisha-hō) and other related laws governs these complex transactions. Broadly, M&A transactions involving

How to Establish a Kabushiki Kaisha in Japan? Differences in Procedures for Promotive vs. Subscription-Based Incorporation

Establishing a Kabushiki Kaisha (K.K., or joint-stock company) in Japan involves a series of prescribed legal steps designed to ensure the company is properly constituted, capitalized, and registered. The Japanese Companies Act (Kaisha-hō) outlines two primary methods for incorporation: Promotive Incorporation (hokki setsuritsu) and Subscription-Based Incorporation (boshū setsuritsu). While

Dividends (Distribution of Surplus) in Japanese K.K.s: Decision-Making Procedures and Payment Methods

For shareholders of a Japanese Kabushiki Kaisha (K.K., or joint-stock company), receiving dividends – a share of the company's profits – is one of the most tangible returns on their investment. The Japanese Companies Act (Kaisha-hō) refers to this process more broadly as "Distribution of Surplus" (jōyokin

Acquisition of Treasury Stock by Japanese K.K.s: Purposes, Procedures, and Accounting Treatment

The acquisition and holding of its own shares by a company—commonly referred to as treasury stock or self-shares (jiko kabushiki 自己株式 in Japanese)—is a significant corporate finance activity with various strategic implications. Historically, Japanese corporate law imposed strict restrictions on a Kabushiki Kaisha (K.K., or joint-stock company)