Japanese Attorney at Law - Bengoshi L.L. - Japan Compliance (Page 93)

Japan Compliance

Japanese Attorney at Law - Bengoshi L.L.

Qualified attorney (Japan & NY), CIPP/E & CIPP/US, MCIArb, CFE — guiding Japanese corporate law & compliance.

Lost in the Mail, Justice Denied? Japan's Supreme Court on Postal Service Liability and Constitutional Rights

Lost in the Mail, Justice Denied? Japan's Supreme Court on Postal Service Liability and Constitutional Rights

Date of Judgment: September 11, 2002 Court: Supreme Court of Japan, Grand Bench Case Number: 1999 (O) No. 1767 This article explores a landmark Japanese Supreme Court Grand Bench decision that confronted a critical constitutional question: To what extent can laws limit the State's liability for damages caused

When Public Officials Cause Fires: Japan's Supreme Court on the Interplay of State Compensation and Fire Liability Laws

When Public Officials Cause Fires: Japan's Supreme Court on the Interplay of State Compensation and Fire Liability Laws

Date of Judgment: July 17, 1978 Court: Supreme Court of Japan, Second Petty Bench Case Number: 1977 (O) No. 1379 This article explores a crucial Japanese Supreme Court decision that addressed the standard of liability for the State or a public entity when a fire, caused or exacerbated by the

Who Pays When Public Works Fail? Japan's Supreme Court on the Liability of Cost-Bearing Entities and Subsidizers

Who Pays When Public Works Fail? Japan's Supreme Court on the Liability of Cost-Bearing Entities and Subsidizers

Date of Judgment: November 28, 1975 Court: Supreme Court of Japan, Third Petty Bench Case Number: 1973 (O) No. 896 This article explores a pivotal Japanese Supreme Court decision that clarified the scope of liability for entities that finance public works, even if they are not directly involved in the

Airport Noise and the Expanding Definition of "Defect": Japan's Supreme Court on State Liability for Use-Related Harm (Osaka Airport Noise Litigation)

Airport Noise and the Expanding Definition of "Defect": Japan's Supreme Court on State Liability for Use-Related Harm (Osaka Airport Noise Litigation)

Date of Judgment: December 16, 1981 Court: Supreme Court of Japan, Grand Bench Case Number: 1976 (O) No. 395 This article examines a landmark Japanese Supreme Court Grand Bench decision, famously arising from the Osaka International Airport noise pollution lawsuits. This ruling significantly broadened the understanding of what constitutes a

An Umpire's Chair, a Child's Play, and a Tragic Outcome: Japan's Supreme Court on "Intended Use" and Liability for Public Facilities

An Umpire's Chair, a Child's Play, and a Tragic Outcome: Japan's Supreme Court on "Intended Use" and Liability for Public Facilities

Date of Judgment: March 30, 1993 Court: Supreme Court of Japan, Third Petty Bench Case Number: 1986 (O) No. 315 This article examines a significant Japanese Supreme Court decision that addressed the scope of a local government's liability when a child was fatally injured using a piece of

A Fall from the Platform: Japan's Supreme Court on Liability for Failing to Install Newly Developed Safety Features (Tactile Paving Case)

A Fall from the Platform: Japan's Supreme Court on Liability for Failing to Install Newly Developed Safety Features (Tactile Paving Case)

Date of Judgment: March 25, 1986 Court: Supreme Court of Japan, Third Petty Bench Case Numbers: 1983 (O) Nos. 1132, 1133 This article examines a significant Japanese Supreme Court decision that addressed the liability of a public entity (in this case, the former Japanese National Railways - JNR) for an

Beyond the Basic Plan: Japan's Supreme Court on River Management Liability for "Completed" Rivers (Tamagawa Flood Litigation)

Beyond the Basic Plan: Japan's Supreme Court on River Management Liability for "Completed" Rivers (Tamagawa Flood Litigation)

Date of Judgment: December 13, 1990 Court: Supreme Court of Japan, First Petty Bench Case Number: 1988 (O) No. 791 This article explores a pivotal Japanese Supreme Court decision known as the Tamagawa Flood Litigation (多摩川水害訴訟 - Tamagawa suigai soshō). This case refined the principles of State liability for flood

When Rivers Rage: Japan's Supreme Court on State Liability and the Unique Challenges of Flood Control (Daito Flood Litigation)

When Rivers Rage: Japan's Supreme Court on State Liability and the Unique Challenges of Flood Control (Daito Flood Litigation)

Date of Judgment: January 26, 1984 Court: Supreme Court of Japan, First Petty Bench Case Numbers: 1978 (O) Nos. 492, 493, 494 This article examines a landmark Japanese Supreme Court decision, famously known as the Daito Flood Litigation (大東水害訴訟 - Daitō suigai soshō). The case addressed the complex issue of

The Abandoned Truck and the Moped Rider: Japan's Supreme Court on Road Management Defects and Prolonged Obstructions

The Abandoned Truck and the Moped Rider: Japan's Supreme Court on Road Management Defects and Prolonged Obstructions

Date of Judgment: July 25, 1975 Court: Supreme Court of Japan, Third Petty Bench Case Number: 1972 (O) No. 704 This article examines a significant Japanese Supreme Court decision that addressed the liability of a road management authority when a vehicle, broken down and abandoned by a third party on

The Unstable Road: Japan's Supreme Court on State Liability for Falling Rock Fatalities

The Unstable Road: Japan's Supreme Court on State Liability for Falling Rock Fatalities

Date of Judgment: August 20, 1970 Court: Supreme Court of Japan, First Petty Bench Case Number: 1967 (O) No. 921 This article delves into a landmark Japanese Supreme Court decision that significantly shaped the understanding of State liability for accidents arising from defects in public structures. The case specifically addressed

Collusion and Consequence: Japan's Supreme Court on Joint and Several Recourse Liability of Public Officials in Intentional Wrongdoing

Collusion and Consequence: Japan's Supreme Court on Joint and Several Recourse Liability of Public Officials in Intentional Wrongdoing

Date of Judgment: July 14, 2020 Court: Supreme Court of Japan, Third Petty Bench Case Number: 2019 (Gyo-Hi) No. 40 This article examines a Japanese Supreme Court decision that addressed a critical aspect of public accountability: when multiple public officials jointly engage in intentional misconduct causing financial loss to a

Shielding the Shield: Japan's Supreme Court on the Personal Liability of Public Officials

Shielding the Shield: Japan's Supreme Court on the Personal Liability of Public Officials

Date of Judgment: April 19, 1955 Court: Supreme Court of Japan, Third Petty Bench Case Number: 1953 (O) No. 625 This article delves into a foundational Japanese Supreme Court decision that addressed a critical question: When the State or a local public entity is responsible for compensating damages caused by

Overpaid Taxes and Paths to Redress: Japan's Supreme Court on State Compensation Claims vs. Tax Appeals

Overpaid Taxes and Paths to Redress: Japan's Supreme Court on State Compensation Claims vs. Tax Appeals

Date of Judgment: June 3, 2010 Court: Supreme Court of Japan, First Petty Bench Case Number: 2009 (Ju) No. 1338 This article explores a significant Japanese Supreme Court decision that addressed a crucial question for taxpayers: If a local government erroneously overvalues a property for tax purposes, leading to overpayment

A Child's Harm in Care: Supreme Court Clarifies State and Private Operator Liability in Delegated Welfare Services

A Child's Harm in Care: Supreme Court Clarifies State and Private Operator Liability in Delegated Welfare Services

Date of Judgment: January 25, 2007 Court: Supreme Court of Japan, First Petty Bench Case Numbers: 2005 (Ju) Nos. 2335, 2336 This article examines a significant Japanese Supreme Court decision that addressed the complex issue of liability when a child, placed by a prefectural government into a privately-operated child protection

Who Pays the Price? Japan's Supreme Court on State vs. Prefectural Liability for Police Misconduct in Traffic Crime Investigations

Who Pays the Price? Japan's Supreme Court on State vs. Prefectural Liability for Police Misconduct in Traffic Crime Investigations

Date of Judgment: July 10, 1979 Court: Supreme Court of Japan, Third Petty Bench Case Number: 1977 (O) No. 857 This article examines a key Japanese Supreme Court decision that clarified which governmental entity—the national State or the local Prefecture—bears responsibility under the State Compensation Law when prefectural

Navigating the Labyrinth of Bureaucracy: The Japanese Supreme Court on State Liability When Specific Fault is Unclear

Navigating the Labyrinth of Bureaucracy: The Japanese Supreme Court on State Liability When Specific Fault is Unclear

Date of Judgment: April 1, 1982 Court: Supreme Court of Japan, First Petty Bench Case Number: 1976 (O) No. 1249 This article reviews a Japanese Supreme Court decision that tackled a common challenge in seeking redress against the State: what happens when a citizen suffers harm due to a failure

Cloak of Authority, Criminal Intent: Japan's Supreme Court on State Liability for Off-Duty Police Officer's Robbery-Murder

Cloak of Authority, Criminal Intent: Japan's Supreme Court on State Liability for Off-Duty Police Officer's Robbery-Murder

Date of Judgment: November 30, 1956 Court: Supreme Court of Japan, Second Petty Bench Case Number: 1954 (O) No. 774 This article examines a significant early Japanese Supreme Court decision that grappled with a deeply troubling scenario: a police officer, driven by personal desperation, using the symbols and methods of

When Acquittal Isn't Enough: The Japanese Supreme Court on State Liability for Public Prosecution

When Acquittal Isn't Enough: The Japanese Supreme Court on State Liability for Public Prosecution

Date of Judgment: October 20, 1978 Court: Supreme Court of Japan, Second Petty Bench Case Number: 1974 (O) No. 419 This article examines a pivotal Japanese Supreme Court decision addressing the conditions under which the State can be held liable for damages when a public prosecutor indicts an individual who

Judicial Decisions and State Liability: Japan's Supreme Court on When Judges' Errors Can Lead to Damages Claims

Judicial Decisions and State Liability: Japan's Supreme Court on When Judges' Errors Can Lead to Damages Claims

Date of Judgment: March 12, 1982 Court: Supreme Court of Japan, Second Petty Bench Case Number: 1978 (O) No. 69 This article explores a significant Japanese Supreme Court decision that addresses a critical question at the intersection of judicial independence and state accountability: Under what circumstances can an error made

Legislative Inaction and State Liability: The Japanese Supreme Court on Overseas Voting Rights

Legislative Inaction and State Liability: The Japanese Supreme Court on Overseas Voting Rights

Date of Judgment: September 14, 2005 Court: Supreme Court of Japan, Grand Bench Case Numbers: 2001 (Gyo-Tsu) Nos. 82, 83; 2001 (Gyo-Hi) Nos. 76, 77 This article delves into a significant Japanese Supreme Court Grand Bench decision that addressed the State's responsibility for failing to enact legislation ensuring

Beyond the Brochure: What Level of Risk Disclosure is Required for Complex Financial Products Sold to Japanese Corporations?

In the world of corporate finance, businesses frequently engage with financial institutions to access a range of financial products, some of which can be highly complex, such as derivatives, structured notes, or specialized financing arrangements. While product brochures, prospectuses, and standardized contractual documents provide a baseline of information, a critical

When Inheritance Means Debt: How Can Heirs in Japan Protect Their Personal Assets from a Deceased's Liabilities, Including Through Estate Bankruptcy?

The prospect of inheritance often evokes images of receiving assets and wealth. However, in Japan, as in many legal systems, inheritance is a comprehensive succession, meaning that heirs don't just acquire the deceased's property; they also assume the deceased's outstanding debts and obligations. This

Family Involvement in Elderly Care Contracts in Japan: What is the Legal Role and Responsibility of Relatives?

In Japan, the decision for an elderly individual to move into a fee-based care home (yūryō rōjin hōmu - 有料老人ホーム) is rarely made in isolation. Family members—typically spouses or adult children—are often deeply involved in every step of the process, from researching facilities and reviewing complex contractual documents

"Judicial Ōoka-sabaki" (大岡裁き) in Property Disputes: How Does Discretionary Justice Play a Role in Japanese Civil Courts?

Legal systems worldwide strive for predictability and consistency through codified laws, statutes, and judicial precedents. Yet, the application of these formal rules to the myriad complexities of human affairs, particularly in disputes involving property, family, and vulnerable individuals, often necessitates a degree of judicial interpretation and discretion to achieve truly

Ensuring a Testator's True Intent: How Does Japanese Law Address Challenges to Will Validity Based on Capacity or Undue Influence?

A will stands as a person's final and formal declaration of how they wish their property to be distributed after their death. Given its profound implications, legal systems worldwide place great emphasis on ensuring that a will genuinely reflects the testator's true, informed, and free intentions.