Japanese Attorney at Law - Bengoshi L.L. - Japan Compliance (Page 87)

Defining Medical Responsibility in Japan: Two Landmark Supreme Court Decisions on Duty of Care and Medical Standards

The landscape of medical liability in Japan has been significantly shaped by key judicial precedents. Among these, two Supreme Court decisions, one from 1961 and another from 1995, stand out for their profound impact on defining a physician's duty of care and the concept of the "medical

Academic Publication vs. Pharmaceutical Promotion: Japan's Supreme Court Clarifies Advertising Law

Date of Decision: June 28, 2021 Case Reference: Supreme Court of Japan, First Petty Bench, 2018 (A) No. 1846 In a significant decision issued on June 28, 2021, the Supreme Court of Japan addressed the complex intersection of academic research, pharmaceutical marketing, and the scope of drug advertising regulations. The

"Lost in Translation": When Inaccurate Courtroom Interpreting Invalidates Japanese Criminal Proceedings – An Osaka High Court Case Study

The integrity of the judicial process hinges on clear communication and a precise understanding of the facts and legal arguments presented. For defendants in criminal proceedings who do not speak the official language of the court, accurate interpretation is not merely a procedural formality but a fundamental prerequisite for a

Unifying Incarceration: Japan's 2025 Criminal Law Reform and the New "Custodial Sanction"

A significant reform to Japan's Penal Code is set to take effect on June 1, 2025, fundamentally altering the landscape of its custodial punishments. The traditional distinction between "imprisonment with labor" (懲役, chōeki) and "imprisonment without labor" (禁錮, kinko) will be abolished, replaced by

Enforcing Judgments in Japan: A Guide to Real Estate Foreclosure Sale Procedures

When debts go unpaid or secured obligations are defaulted upon, one of the primary methods for creditors to seek recovery in Japan is through the court-supervised sale of real estate owned by the debtor or a guarantor. This process, known as a real estate auction or foreclosure sale (不動産競売, fudōsan

Anti-Bribery in Japan: The Peculiar History and Evolution of "Benefit Conferral" Regulations Targeting Sokaiya

Japan's Companies Act features a unique set of provisions known as the "benefit conferral regulation" (利益供与規制, rieki kyōyo kisei), which prohibits companies from providing, and individuals from receiving or demanding, property benefits in relation to the exercise of shareholder rights. What makes these rules particularly noteworthy

Intent vs. Interest in Japanese Contract Law: A Law and Economics Perspective on Landmark Judicial Decisions

The binding force of contracts is a cornerstone of any legal system. In Japan, as in many civil law jurisdictions, the traditional foundation for contractual enforceability rests on the concept of "intent" (意思, ishi)—specifically, a "meeting of the minds" (意思の合致, ishi no gatchi) between the

The Equality Principle in Japanese Administrative Law: A Deep Dive into the Supreme Court's Stance on LGBTQ+ Rights in the Workplace

The principle of equality (平等原則, byōdō gensoku), rooted in Article 14(1) of the Japanese Constitution, serves as a fundamental tenet in Japanese administrative law. While primarily focused on ensuring equality in the application of laws (法適用の平等, hō tekiyō no byōdō), its influence extends to constraining administrative discretion and guiding

Regulating by Design: The Future of Law and Architecture in Japan's Tech-Driven Society

In contemporary society, the mechanisms that shape behavior and maintain order extend far beyond formal legal statutes and judicial pronouncements. Increasingly, the very design of our physical and digital environments—what can be termed "architecture"—plays a profound role in regulating actions and achieving societal objectives. This concept,

Japan's "2025 Videotape Crisis": Data Preservation, Public Records Law, and the Shifting Meaning of "Appropriate Recording Media"

The relentless march of technological advancement brings with it a silent but urgent challenge: the potential loss of invaluable recorded history as older media formats and their playback technologies become obsolete. A critical deadline is looming globally, known as the "Magnetic Tape Alert 2025," signaling a point where

"To Be Inherited By": Navigating Japan's Evolving Landscape of Specific Property Succession Wills

Japanese inheritance law contains a unique and historically debated form of testamentary disposition commonly known as a "sōzoku saseru" (相続させる) will, which translates roughly to a "will causing inheritance" or "will letting inherit." This type of will, which allows a testator to direct that

Perfecting Security Interests in Japan: The Unique "Debtor as Information Center" Approach to Assigning Claims

The assignment of claims is a fundamental aspect of modern commerce, facilitating financing, securitization, and various other transactions. In Japan, the legal framework for perfecting such assignments—that is, making them effective against the debtor and third parties—is primarily governed by Article 467 of the Civil Code. This provision,

Wrongful Death Claims in Japan: Understanding Compensation, Standing, and the Role of Scholarly Doctrine

When a life is tragically lost due to the wrongful act of another, legal systems worldwide provide avenues for redress. In Japan, the approach to compensating for such losses, particularly those suffered by the deceased victim themselves, has evolved through a distinctive legal construction known as the "inheritance configuration&

The Duty of Good Faith in Japanese Contract Negotiations: Implications of Pre-Contractual Liability and Information Disclosure

Navigating contract negotiations in Japan requires an understanding of foundational legal principles that may differ from those in common law jurisdictions. One such crucial concept is the duty of good faith (信義則, shingi-soku), which permeates Japanese contract law, including the delicate pre-contractual phase. A breach of certain obligations during negotiations,

Acquisitive Prescription and Registration in Japan: Navigating Real Estate Rights for Foreign Businesses

The acquisition and protection of real estate rights in Japan present a landscape with unique legal doctrines that differ significantly from common law jurisdictions. Two central concepts in this domain are acquisitive prescription (取得時効, shutoku jikō), by which rights can be obtained through long-term possession, and the principle of registration

The Right to Reconsider: Japan's Supreme Court on Informed Consent for Unruptured Brain Aneurysms

Date of Judgment: October 27, 2006 Case Reference: Supreme Court of Japan, Second Petty Bench, 2005 (Ju) No. 1612 In a significant ruling on October 27, 2006, the Supreme Court of Japan provided crucial clarifications on a physician's duty of explanation, particularly when dealing with non-urgent, preventive medical

The Right to Refuse: A Landmark Japanese Supreme Court Ruling on Religious Beliefs and Medical Treatment

Date of Judgment: February 29, 2000 Case Reference: Supreme Court of Japan, Third Petty Bench, 1998 (O) No. 1081, No. 1082 This article examines a pivotal judgment by the Supreme Court of Japan, delivered on February 29, 2000, which addressed the profound conflict between a patient's deeply held

A Question of Choice: The Japanese Supreme Court on Informed Consent in Childbirth

Date of Judgment: September 8, 2005 Case Reference: Supreme Court of Japan, First Petty Bench, 2002 (Ju) No. 989 This article delves into a significant decision by the Supreme Court of Japan, delivered on September 8, 2005, which underscores the critical importance of a physician's duty to provide

Beyond Standard Care: Japan's Supreme Court on Doctor's Duty to Explain Unestablished Treatment Options

Decision Date: November 27, 2001, Supreme Court of Japan, Third Petty Bench (Heisei 10 (O) No. 576) In a landmark judgment on November 27, 2001, the Supreme Court of Japan clarified a physician's duty to inform patients about alternative medical treatments, even those not yet considered fully established

A Family's Right to Know: Japanese Supreme Court on Doctor's Duty to Inform Family of Terminal Diagnosis

Decision Date: September 24, 2002, Supreme Court of Japan, Third Petty Bench (Heisei 10 (O) No. 1046) In a significant judgment delivered on September 24, 2002, the Supreme Court of Japan addressed the delicate issue of a physician's duty when choosing not to inform a terminally ill patient

Doctor's Words, Patient's Trauma: Japan's Supreme Court Rules on PTSD Claim

Decision Date: April 26, 2011, Supreme Court of Japan, Third Petty Bench (Heisei 21 (Ju) No. 733) In a notable judgment delivered on April 26, 2011, Japan's Supreme Court addressed a patient's claim that a doctor's remarks during a consultation caused the onset of

Emergency Care, Patient Rights, and Public Interest: Japan's Supreme Court on Doctor's Drug Testing and Police Reporting

Decision Date: July 19, 2005, Supreme Court of Japan, First Petty Bench (Heisei 17 (A) No. 202) In a pivotal decision issued on July 19, 2005, Japan's Supreme Court addressed complex legal and ethical questions arising when emergency medical treatment intersects with suspected criminal activity. The case involved

Confidentiality in Court: Japan's Supreme Court on a Psychiatrist's Duty in Expert Evaluations

Decision Date: February 13, 2012, Supreme Court of Japan, Second Petty Bench (Heisei 22 (A) No. 126) In a significant ruling dated February 13, 2012, the Supreme Court of Japan addressed the delicate intersection of medical ethics, professional secrecy, and court-appointed expert evaluations. The Court upheld the conviction of a

A Duty to Act: Japanese Supreme Court Holds Official Criminally Liable for Omission in HIV-Tainted Blood Scandal

Decision Date: March 3, 2008, Supreme Court of Japan, Second Petty Bench (Heisei 17 (A) No. 947) In a landmark decision with significant implications for public officials and regulatory bodies, the Supreme Court of Japan on March 3, 2008, upheld a conviction against a former senior official of the Ministry

A Latent Threat: Japanese Supreme Court on Hepatitis B from Vaccinations, Causation, and Time Limits for Claims

For decades, many individuals in Japan unknowingly contracted Hepatitis B Virus (HBV) during childhood through state-administered mass vaccination programs where needles and syringes were often reused. This practice led to widespread chronic HBV infections, with devastating health consequences such as chronic hepatitis, liver cirrhosis, and liver cancer manifesting years or