The Chloroquine Tragedy in Japan: Supreme Court Addresses State Liability for Drug-Induced Retinopathy The devastating side effects of medications can lead to widespread human suffering and complex legal battles. One such significant case in Japan involved the drug Chloroquine (CQ), which, while used to treat conditions like malaria and rheumatoid arthritis, was found to cause an irreversible eye disease known as Chloroquine retinopathy.
Vaccine Injury in Japan: Supreme Court Eases Burden of Proof for Victims in Landmark Case Vaccinations are a cornerstone of public health, preventing the spread of infectious diseases. However, in rare instances, they can lead to severe adverse reactions. For individuals and families affected, seeking legal redress can be a daunting task, often involving complex medical evidence and questions of causation and negligence. A landmark
Mixed Medical Care in Japan: Supreme Court Upholds Restrictions on Health Insurance Coverage "Mixed medical care" (kongō shinryō)—the practice of combining medical treatments covered by public health insurance with those that are not (such as advanced or experimental therapies)—has long been a contentious issue in Japan's healthcare system. A central question is whether the portion of care
Recommendation or Ruling? Japanese Supreme Court on the 'Dispositivity' of Hospital Bed Reduction Advice In Japan's highly regulated healthcare sector, prefectural governors play a significant role in healthcare planning, including efforts to control the number of hospital beds within specific regions. But what happens when a governor issues a "recommendation" to a hospital planning to open or expand, advising it
A Doctor's Duty: Reporting "Unusual Deaths" vs. Self-Incrimination in Japan Physicians often face profound ethical and legal responsibilities, particularly when a patient's death occurs under unusual circumstances. In Japan, Article 21 of the Medical Practitioners' Act mandates that a physician who conducts an external examination (ken'an) of a dead body and finds anything "unusual&
Ink and Interpretation: Japanese Supreme Court Rules Tattooing is Not a "Medical Act" Tattooing, an ancient practice with deep cultural roots and growing global popularity, has often occupied a grey area in legal definitions, particularly concerning its intersection with medical regulations. In Japan, this ambiguity led to a pivotal case where a tattooist was prosecuted for allegedly violating the Medical Practitioners' Act.
No Automatic Inheritance: Japanese Supreme Court Rules on Succession to 'Improved Housing' Tenancy In Japan, "improved housing" (kairyō jūtaku) refers to residential units constructed under the Housing District Improvement Act, aimed at rehousing residents displaced by projects to upgrade areas with substandard dwellings. A critical question arises when an official tenant of such housing passes away: Who, if anyone, has the
Membership Optional, Maintenance Mandatory? Japan's Supreme Court on Residents' Associations and Fees Residents' associations (jichikai) are a common feature of housing complexes in Japan, playing roles in community building, local environment upkeep, and sometimes liaising with property managers. But what happens when a resident, dissatisfied with the association, wishes to leave? Can they freely resign? And upon resignation, are they absolved
Who Sues for the Common Good? Japan's Supreme Court on Condominium Association Standing When a condominium unit owner breaches the community's rules, for instance by making unauthorized alterations to common areas, who has the legal right to step in and demand rectification or compensation? Can the condominium's management association, often an unincorporated entity, initiate a lawsuit in its own
Condo Fee Liens and the Ticking Clock: Japanese Supreme Court on Interrupting the Statute of Limitations The collection of unpaid condominium management fees is a persistent challenge for management associations. These fees are vital for the upkeep and financial health of the condominium, but efforts to recover them can be hampered if the statute of limitations expires. A key question is what actions effectively "stop
Future Dangers, Present Liability: Japan's Supreme Court Clarifies "Basic Safety" in Building Defects In a continuation of a significant legal battle over construction defects, the Supreme Court of Japan issued a further clarifying judgment on July 21, 2011 (Heisei 21 (Ju) No. 1019). This decision, the second Supreme Court appeal in the same underlying case (previously discussed as Case 92, the judgment of
Building Blocks of Safety: Japan's Supreme Court on Tort Liability for Construction Defects When a newly constructed or existing building reveals defects, especially those compromising its safety, who bears the responsibility? This question becomes particularly complex when the injured parties are not the original clients who contracted for the building's construction, but subsequent purchasers or even users and neighbors. On July
Leafleting in the Labyrinth: Japan's Supreme Court on Political Flyers and Condominium Trespass The distribution of leaflets and flyers is a common method for disseminating information, from commercial advertisements to political manifestos. However, when does this activity cross the line from legitimate outreach to criminal trespass, particularly when it involves entering private residential complexes? The Supreme Court of Japan tackled this sensitive issue
Signs of the Times: Japanese Supreme Court Protects Tenant's Signage from New Owner When a commercial building changes hands, what happens to the existing tenants' business signs, especially those affixed to parts of the building not explicitly included in their leased premises? Can a new owner compel their removal, even if the signs are crucial for the tenant's business and
Can Japanese Police Use GPS to Track My Company Vehicles Without a Warrant After the 2017 Supreme Court Ruling? Global Positioning System (GPS) technology offers a powerful means of tracking the location and movement of vehicles, and law enforcement agencies worldwide have recognized its utility in criminal investigations. In Japan, police have also employed GPS devices, typically by covertly attaching them to a suspect's vehicle to monitor
Evidence Against My Company Was Obtained Illegally in Japan: Will it Be Excluded in Court? The way evidence is collected by law enforcement is a cornerstone of a fair criminal justice system. If police investigators in Japan obtain evidence through illegal means, a critical question arises: can this evidence still be used against an individual or a company in court? This issue pertains to what
Arrested in Japan: What Are My Rights to Counsel, and How Quickly Must Police Facilitate Access? Being arrested in any country can be a disorienting and stressful experience. In Japan, individuals taken into custody have fundamental constitutional and statutory rights to legal counsel. Understanding these rights – specifically, the right to appoint a lawyer and the right to consult with them – is crucial for anyone, including foreign
Can Japanese Authorities X-Ray My Company's Incoming Packages Without Consent? In the course of business, companies frequently send and receive packages via courier services. These packages can contain anything from routine documents to sensitive prototypes, product samples, or components. A critical question for businesses operating in or transacting with Japan is whether Japanese law enforcement authorities can subject these packages
Police are Searching My Business: Can They Search My Visitors or Their Belongings Under the Same Warrant? When Japanese law enforcement officers arrive at a business premises to execute a search warrant, the primary focus is typically on the location itself and items belonging to the target of the investigation. However, what happens if clients, visitors, or employees not directly implicated in the warrant are present? Can
Japanese Search Warrant Specifies "My Office": Does it Cover an Attached Storeroom or My Car in the Parking Lot? When Japanese law enforcement executes a search warrant, the document itself is a critical determinant of the lawful scope of their actions. Among the essential details a warrant must contain, as stipulated by Article 219, paragraph 1 of the Code of Criminal Procedure (CCP), is the "place to be
Arrested for Offense A, Questioned About Offense B: What Are the Limits of "Separate Offense" Arrests and Interrogations in Japan? In the course of criminal investigations in Japan, situations may arise where an individual is arrested and detained for a specific offense (let's call this Offense A, or the bekken 別件 – "separate offense"), but investigators also harbor suspicions or have an interest in questioning that individual
Understanding Emergency Arrests in Japan: Strict Requirements and Crucial Post-Arrest Steps In the Japanese criminal justice system, the principle that an arrest should be based on a warrant issued by a judge beforehand is a fundamental constitutional safeguard (Article 33 of the Constitution; Article 199 of the Code of Criminal Procedure - CCP). However, the law recognizes that in certain urgent
Can Japanese Police Take My Photo/Video Without My Consent? Understanding Warrantless Investigative Photography In an era where visual documentation is ubiquitous, the use of photography and videography by law enforcement has become an increasingly potent tool in criminal investigations. In Japan, as in many other countries, this practice raises important questions about the balance between effective evidence gathering and the protection of individual
Sting Operations in Japan: When Can Police Legally Conduct Them and What Constitutes Entrapment? Sting operations, known in Japanese as otori sōsa (おとり捜査), involve law enforcement officers or their agents (cooperating individuals or CIs) concealing their identity and true intentions to encourage or facilitate the commission of a crime by a target, with the aim of apprehending them. These operations are often employed for
Marathon Questioning in Japan: Are There Legal Limits to "Voluntary" Interrogations, Especially with Overnight Stays? In Japan, individuals who are not under formal arrest or detention can be requested by police to submit to "voluntary interrogation" (nin'i torishirabe, 任意取調べ) as part of a criminal investigation. This is authorized by Article 198, paragraph 1 of the Code of Criminal Procedure (CCP). A
