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Japan: Supreme Court Affirms Reversal of Order to Return Children with Dual Citizenship

(Jan. 12, 2018) On December 21, 2017, Japan’s Supreme Court affirmed a High Court decision that reversed a previous order for the mother of four children with dual Japan-US citizenship to return the children to their father in the United States. (Sup. Ct., Case No. 2017 (kyo) 9 (Dec. 21, 2017) (in Japanese; click characters […]

Japan: Supreme Court Says Pretense of Being Deceived Did Not Affect Responsibility for Attempted Fraud

(Jan. 11, 2018) On December 11, 2017, Japan’s Supreme Court rendered a decision in a fraud case in which the victim cooperated with the police investigation after she realized the fraud had occurred. (Sup. Ct., Case No. 2017 (a) 1079 (Dec. 11, 2017) (click characters beside PDF icon at the bottom) (in Japanese).) In this […]

Japan: Supreme Court Dismisses Appeal Concerning Noises from Daycare

(Jan. 8, 2018) On December 19, 2017, Japan’s Supreme Court dismissed an appeal by a man who had complained about noises from a daycare center for preschool-age children. (Gen Okamoto, “Noisy” Voices of Children Playing at Daycare, Loss of Lawsuit by Man Affirmed, ASAHI SHIMBUN (Dec. 21, 2017) (in Japanese) (it appears that the decision […]

Japan: Supreme Court Affirms Extraterritoriality of Antimonopoly Act

(Dec. 19, 2017) On December 12, 2017, Japan’s Supreme Court ruled that the national Fair Trade Commission (FTC) can impose surcharges on firms that join cartels established overseas if the cartels impair the free competition of the Japanese market.  (Sup. Ct., Dec. 12, 2017, 2016 (Gyo-hi) No. 233, Courts in Japan website (in Japanese).) Japan’s […]

Japan: Supreme Court Rules Obligatory Contracts with Public Broadcasting Corporation for Reception Equipment Are Constitutional

(Dec. 13, 2017) In a decision issued on December 6, 2017, Japan’s Supreme Court ruled that a provision obligating persons who have installed such broadcast-reception equipment as televisions to conclude a contract with Japan’s public broadcasting corporation is constitutional.  (Sup. Ct. Dec. 6, 2017, 2014 (o) 1130, Courts in Japan website (in Japanese) (click on […]

Japan: Supreme Court Reverses View on Whether Obscene Intent Necessary for Crime of Forcible Indecency

(Dec. 5, 2017) On November 29, 2017, the Supreme Court of Japan reversed a nearly five-decade-old precedent, stating that no obscene intent is necessary for the crime of forcible indecency.  (Saiko Saibansho [Sup. Ct.] Nov. 29, 2017, Case No. 2016 (a) 1731, Courts in Japan website (in Japanese) (click on the two characters beside PDF […]

South Korea: Pilot Program Started for the Well-Dying Law

(Nov. 8, 2017) On October 23, 2017, a pilot program for the Hospice, Palliative Care, and Life-Sustaining Treatment Decision-Making Act, known as the “Well-Dying Law,” was implemented. (Act No. 14013 (Feb. 3, 2016), Korea Ministry of Government Legislation website (in Korean).)  The pilot program ends on January 15, 2018, and the Law will go into […]

Japan: Judges Cannot Engage in Apartment-Leasing Business

(Nov. 2, 2017) Japanese judges cannot engage in for-profit businesses. They may engage in not-for-profit businesses and receive remuneration if they obtain permission from the Supreme Court.  (Court Act, Act No. 59 of 1947, art. 52, Japanese Law Translation website.)  There are similar regulations for civil servants.  (National Public Service Act, Act No. 120 of […]

Thailand: New Law Impacts Former Prime Minister’s Appeal Against Conviction

(Oct. 24, 2017) After a trial lasting more than two years, a Bangkok court found the former Prime Minister of Thailand, Yingluck Shinawatra, guilty of dereliction of duty and handed down a five-year prison term on September 27, 2017. The Court found that the Yingluck administration’s rice pledging deals were not managed properly and caused […]

Japan: Reporting Requirements for Adviser/Consultant Positions for Retired CEOs

(Oct. 17, 2017) In August 2017 the Tokyo Stock Exchange revised its instructions for the Report on Corporate Governance that it requires listed companies to prepare. The revised instructions have a section on the status of former chief executive officers (CEOs).  If some of them retain positions in the company, such as advisor or consultant, […]