Case Summary - Japan Compliance

Japan Compliance

Case Summary

A collection of 51 posts

Infographic summarizing IPO, Direct Listing and SPAC options for going public in Japan—process flow, costs, timing, dilution and regulatory status.

Going Public in Japan: IPO, Direct Listing & SPAC Compared – 2025 Practical Guide

Compare IPOs, direct listings and SPAC mergers for entering Japan’s capital markets: process, costs, timing, dilution and the latest regulatory status in 2025.

Slide summarizing the IP High Court “OLYMBEER” decision: Article 4(1)(vi) fame test, why “OLYMPIAD” failed, and implications for public-interest trademarks in Japan.

Intellectual Property Law

Protecting Famous Public Interest Marks in Japan: Lessons from the "OLYMBEER" Trademark Case

TL;DR Japan blocks imitation of state or public-interest marks only if the original is “well-known” among relevant consumers. In the 2022 IP High Court “OLYMBEER” decision, the IOC’s term “OLYMPIAD” failed this fame test, so the beer mark survived. Truly famous marks like “OLYMPIC” still enjoy broad protection.

Summary slide illustrating the 1957 Supreme Court ruling that separates defense counsel and attendant roles in Japanese juvenile proceedings.

Defense Counsel vs. Juvenile Attendant: Japan Supreme Court Sets Boundary in 1957 Ruling

1957 Supreme Court ruling clarified that defense counsel status doesn't automatically continue as 'attendant' in Japan's juvenile proceedings.

Slide summarizing the 2007 Supreme Court ruling that state, not employer, is liable for negligence at a delegated child‑welfare facility.

State vs. Employer Liability: Japan Supreme Court Clarifies Delegated Child Welfare Duties (2007)

Japan Supreme Court 2007: negligence at a private child welfare home performing public duties makes the prefecture liable, not the employer.

Slide summarizing the 2018 Supreme Court ruling: full clawback of unreported income under Japan’s Public Assistance Act, no basic deduction allowed.

Full Clawback for Hidden Earnings: Japan Supreme Court Interprets Public Assistance Act (2018)

Japan’s Supreme Court: welfare recipients who hide income must repay all unreported earnings under the Public Assistance Act—no basic deduction.

Summary slide illustrating the 2014 Supreme Court ruling that welfare benefits can be terminated only for breach of explicit written instructions.

Supreme Court Clarifies Welfare Termination Requires Explicit Written Instructions (Japan, Oct 23 2014)

Japan's Supreme Court (Oct 23 2014): welfare aid may end only for violating a clear written instruction, protecting recipients' rights.

Slide summarizing the 2004 Supreme Court decision allowing welfare recipients to keep education‑savings under Japan’s Public Assistance Act.

Japan's Supreme Court on Public Assistance and Savings: The Educational Insurance Case of March 16, 2004

Supreme Court: welfare recipients can save for kids' high‑school fees without aid cuts—landmark 2004 ruling on the Public Assistance Act.

Infographic summarising the 2014 Supreme Court ruling that foreign residents lack statutory welfare rights under Japan’s Public Assistance Act.

No Statutory Welfare Right for Foreign Residents: Japan Supreme Court Public Assistance Ruling (2014)

Japan's Supreme Court ruled in 2014 that foreign residents have no Public Assistance Act welfare right; aid depends on administrative discretion.

One‑slide summary of the 2024 Supreme Court ruling denying employer standing to challenge workers’‑comp benefit decisions.

Can Employers Sue Over Workers’ Comp Benefits? Japan’s Top Court Says No (Sup.Ct. July 4 2024)

Japan's Supreme Court ruled employers lack standing to sue on workers' comp benefit awards; challenges must target premium assessments instead.

One‑slide summary of the 2000 Dentsu overwork‑suicide ruling: key facts, employer duty of care, and limits on comparative negligence.

Employer Liability for Overwork Suicide (Karō Jisatsu): Japan's Landmark Ruling (March 24, 2000)

Japan’s Supreme Court held Dentsu liable for an employee’s overwork suicide, expanding employer duty of care to mental health and limiting comparative negligence.

One‑slide summary illustrating the 2015 Supreme Court ruling: survivor pension arrows offsetting principal lost earnings, timeline to tort date, key holding text.

How Survivor Pensions Offset Tort Damages: Japan Supreme Court Grand Bench Clarifies Rule (2015)

Japan’s Supreme Court (2015) ruled WCAI survivor pensions offset the principal lost‑earnings award, not delay damages, clarifying tort calculations.

Slide summarising Japan’s 1977 Supreme Court ruling: future social‑insurance pensions are *not* deducted from tort damages; only benefits already received are offset.

Supreme Court on Tort Damages vs. Ongoing Pensions: Japan’s 1977 “Non‑Deduction” Rule Explained

TL;DR On 25 Oct 1977, Japan’s Supreme Court held that future social‑insurance pensions must not be deducted when calculating lump‑sum tort damages; only benefits actually paid by judgment day are offset. The ruling enlarged plaintiffs’ awards and triggered later legislative tweaks. Table of Contents 1. Factual

Summary slide illustrating the 1966 Supreme Court ruling: no offset between consolation money and statutory workers’ compensation in Japan.

Workers' Comp vs. Consolation Money: Japan's Supreme Court Separates Financial and Non-Financial Damages (December 1, 1966)

Japan’s Supreme Court (1966) held that consolation money for pain and suffering cannot reduce an employer’s statutory workers’ compensation, firmly separating financial and non‑financial damages.

Single‑slide summary: 1963 Supreme Court decision on WCAI subrogation after worker’s settlement, key facts, holding, implications.

1963 Supreme Court Ruling: Can Japan’s Government Subrogate WCAI Claims After a Worker Settlement?

Japan’s 1963 Supreme Court held that a worker’s pre‑benefit settlement prevents the Government from subrogating WCAI claims, clarifying how private waivers affect public insurance rights.

Summary slide illustrating the 1987 Supreme Court ruling on categorical offset of social insurance benefits in tort damages.

Categorical Offset Principle: Japan's Supreme Court on Social Insurance Deduction in Tort Claims (1987)

Japan’s Supreme Court held in 1987 that workers’‑comp and disability pensions may offset only lost‑earnings damages, not medical costs or pain‑and‑suffering, cementing the categorical‑offset rule.

Slide summarizing the 2012 Supreme Court ruling limiting workers’ compensation coverage for specially enrolled business owners in Japan.

Japan Supreme Court Narrows Workers’ Comp for Specially Enrolled Owners (2012)

Japan's top court limits workers' comp for specially enrolled owners to on‑site work covered by employee insurance, excluding sales and scouting trips.

Summary slide illustrating Japan Supreme Court ruling: chronic overtime linked to chauffeur’s stroke recognised as work‑related under Workers’ Comp.

Overwork, Pre-Existing Conditions, and Workers' Comp: Japan's Supreme Court Links Chauffeur's Stroke to Job Burden (July 17, 2000)

Japan’s Supreme Court held that 18 months of extreme overtime outweighed mild hypertension, ruling a chauffeur’s 2000 stroke compensable and redefining overwork disease criteria.

Infographic summarising the 2016 Supreme Court ruling that a company‑party car accident was deemed work‑related under Japan’s Workers’ Compensation Act.

Japan Supreme Court: Company‑Party Fatality Ruled Work‑Related (2016 Decision)

Japan’s Supreme Court ruled that a fatal after‑party car accident was work‑related, clarifying how employer pressure and business‑oriented social events affect workers’ compensation eligibility.

Summary slide of the 2015 Supreme Court ruling: timeline of 3‑year medical leave, WCAI vs. LSA duties, and conditions for termination compensation‑based dismissal.

Dismissal During Work-Related Injury Leave: Japan's Supreme Court Clarifies Termination Compensation Exception (June 8, 2015)

Japan’s Supreme Court ruled that employers may invoke the Labour Standards Act termination‑compensation exception to dismiss workers on prolonged injury leave, even when WCAI benefits, not company payments, are being received.

Summary slide illustrating Japan’s 1996 Supreme Court ruling on truck‑driver worker status versus independent contractor

Truck Drivers as “Workers”? Japan Supreme Court Clarifies Employee vs. Contractor (1996 Ruling)

Japan’s 1996 Supreme Court ruling explains why an owner‑operator truck driver was deemed an independent contractor, shaping today’s employee–contractor tests under Japanese labor law.

Slide summarising the 2021 Supreme Court ruling that bars estranged spouses from survivor benefits in Japan

Substance Over Form: Japan's Supreme Court Bars Estranged Spouses from Survivor Benefits

Japan’s Supreme Court held that estranged spouses in a de facto divorce cannot claim survivor benefits under SERAMA or corporate pension funds, prioritising real dependency over formality.

Slide summarising the 2009 Supreme Court ruling that deducts future disability pensions from government hit‑and‑run compensation.

Japan’s Supreme Court Clarifies Hit‑and‑Run Relief: Future Disability Pensions Must Offset Government Compensation (2009)

Japan’s Supreme Court held that future Workers’ Comp disability pensions must be fully deducted from state hit‑and‑run compensation, reshaping victim relief rules.

One‑slide summary of the 2000 Supreme Court ruling: survivor pensions excluded from lost‑earnings damages in wrongful‑death cases

Survivor Pensions Are Not Lost Earnings: Japan’s Supreme Court on Wrongful‑Death Damages

Japan’s Supreme Court (Nov 14 2000) ruled that survivor pensions are not part of a decedent’s lost earnings, sharpening the limits of wrongful‑death damages under Japanese tort law.

Infographic summarizing the Supreme Court’s 1995 ruling limiting survivor‑pension offsets in tort damages.

Offset of Gains and Losses: Japan's Supreme Court Revisits Damages Calculation for Lost Pensions (March 24, 1995)

In its landmark 24 Mar 1995 ruling, Japan’s Supreme Court limited the offset of survivor pensions in tort damages, allowing deductions only for payments already received or definitively due—reshaping damages calculation for wrongful‑death cases.

Slide summarizing the Supreme Court’s 1995 ruling on survivor claims for unpaid pension benefits under Japan’s National Pension Act

Japan Supreme Court Clarifies Survivor Claims to Unpaid Pensions (1995)

Japan’s Supreme Court (1995) ruled survivors must file a separate administrative claim for unpaid pension installments—no automatic succession to the deceased’s lawsuit. Learn the procedure and implications.