Japanese Civil Research Articles

A Basic Quantitative Analysis of Attorneys in Japanese Civil Lawsuits

A Basic Quantitative Analysis of Attorneys in Japanese Civil Lawsuits

Do Juridical Persons Have Advantages over Natural Persons in Japanese Civil Litigation?

Do Juridical Persons Have Advantages over Natural Persons in Japanese Civil Litigation?

The health effects of work-family conflict in men and women Japanese civil servants: a longitudinal study.

High level of work-family conflict (WFC) is an important risk factor for stress-related health outcomes. However, many studies are cross-sectional studies. In this study, we aimed to clarify how changes in WFC levels over a period 5 yr can affect workers’ mental and physical health, and to clarify whether there are gender differences of them. This study examined 1,808 civil servants (1,258 men and 550 women) aged 20–65 yr working in a local government in the west coast of Japan from 2003 to 2008. Logistic regression analyses were used to examine whether the change in WFC contributes to workers’ health problems and whether there are gender differences. This study revealed association sustained high WFC and deterioration of WFC conflict with poor mental health and poor job satisfaction for both men and women. In men high WFC conflict and deterioration was associated with poor mental health (OR=2.74). On the other hand, women had strong relationship between WFC changes and poor physical health (OR=2.64). WFC was an important factor as a social determinant of health of Japanese civil servants, and the change in WFC affects subsequent health problems with different trends in men and women.

Study on Legal Control Procedure over Spread of Deepfake Movie by Japanese Civil Law

Study on Legal Control Procedure over Spread of Deepfake Movie by Japanese Civil Law

Restriction to an Injunctive Relief in Patent Infringement Proceedings under the Japanese Patent Act

Restriction to an Injunctive Relief in Patent Infringement Proceedings under the Japanese Patent Act

A Study on the Requirements for Establishing Tort of Defamation for the PROTECTION of Personal Rights - Compared Mainly to Japanese Law

In order for defamation to be established, the abuser must be intentional or negligent, and in Article 709 of the Japanese Civil Code, the...

Caregiving and quality of sleep: data from the japanese civil servants study (JACS) in Japan

Caregiving and quality of sleep: data from the japanese civil servants study (JACS) in Japan

A review on the interest rate of deduction of future profits - With reference to amendments of Japanese Civil Act -

A review on the interest rate of deduction of future profits - With reference to amendments of Japanese Civil Act -

일본 개정민법상의 도급의 계약부적합 책임에 관한 고찰

일본 개정민법상의 도급의 계약부적합 책임에 관한 고찰

Attitudes Toward Married Persons’ Surnames in Twenty-First Century Japan

Through Article 750 of the Japanese Civil Code, Japan is the only developed country to require that a married couple must choose either the husband’s or the wife’s surname upon marriage. We examine how traditional gender ideology and preference for the three-generation family household are associated with the level of support for conjugal surname sharing, from full support for the wife taking her husband’s surname to support for neither the wife or husband changing their name. We estimate generalized ordered logit models with data from the 2000–2003, 2006, and 2010 Japanese General Social Survey. Findings indicate that those who hold more traditional gender ideology are more likely to endorse surname sharing at all levels. Those who prefer the traditional extended family household are more likely to acknowledge at least some merit in a married couple sharing a surname, but they are less likely to say that the wife should take her husband’s surname without question. Attitudes toward conjugal surname sharing may have important symbolic implications for gender equality as well as potential impact on the surname law.

개정 일본민법상의 채권자대위권과 한국민법의 개정

개정 일본민법상의 채권자대위권과 한국민법의 개정

일본 개정민법상의 계약부적합 개념과 책임에 관한 고찰

본 논문은 2020년 4월 시행되는 일본개정민법상의 매매에서의 계약부적합 개념과 계약부적합 책임 중 추완청구권에 관한 부분을 검토한 것이다. 일본개정민법은 매매계약에서 매도인의 계약부적합 책임에 관한 규정을 신설하는 등 종래 매도인의 하자담보책임에 관한 규정을 근본적으로 개정한 것이다. 2014년에 확정발표된 우리민법(재산법)개정시안과의 관계를 개략적으로 비교검토하면 아래와 같다. ① 하자담보책임의 법적 성질에 관해서는 채무불이행책임설로 본 일본개정민법과 동일하다. ② 일본개정민법은 하자담보책임법상의 「하자」개념을 삭제하고 그 대신 「계약부적합」이라는 새로운 개념을 도입하였다. 계약부적합에 대한 매도인의 책임은 불이행의 유형을 불문하고 채무불이행책임으로 일원화하였다(부적합급부의 채무불이행 책임화). 그리고 도급계약 고유의 하자담보책임 규정을 삭제함과 동시에 매매규정을 도급에 전면적 적용하였다. 이들은 우리민법개정시안과의 상이점이다. ③ 추완청구권의 입법화와 법적 성질론에서는 기본적으로 양 국가의 견해가 일치하고 있다. ④ 추완청구권 규정 위치에 대하여 우리민법개정시안은 채무불이행의 일반적 구제수단의 하나로 규정하고 있는 반면에, 일본개정민법은 매매 편에서 규정하고 있는 점에서 차이가 있다. ⑤ 추완청구권과 손해배상청구권과의 관계에 대하여 일본개정민법은 추완의 우월성은 인정하고 있다. 반면에 우리민법개정시안에는 이에 대한 규정이 없다. 결론적으로 위의 비교검토에서도 개략적으로 나타나듯이, 양 국가는 개정의 기본적 방향성에서 일정한 차이가 있다. 우리민법개정시안은 큰 틀에서는 현상을 유지하면서 학설과 판례를 반영한 개정이지만, 일본개정민법은 큰 틀에서의 개정을 통하여 학설과 판례를 반영한 입장이라 할 것이다. 앞으로 우리민법과 일본민법의 체계적인 비교법적 검토가 필요할 것으로 보인다.

Comparative Study: The New Legislation of Foreign-Related Civil Jurisdiction in Japan

The Japanese Civil Procedure Code has been amended several times since its promulgation in 1890, which is currently in effect from June 1996. But the Procedures Code has not made explicit provisions on foreign-related civil jurisdiction. In the previous cases, the Japan Supreme Court (Supreme Court) established that the practice of establishing jurisdiction over international civil and commercial cases by the application of domestic civil jurisdiction provisions clearly complies with the procedural justice while in the latter case, the Supreme Court established the principle of special circumstances in a foreign-related case. Although the Japanese court has jurisdiction over the analogy or principle of domestic civil jurisdiction rules, the courts should not exercise jurisdiction if there are other special circumstances. This is based on the two precedents of the Supreme Court, through the legal development by Japanese courts, many binding precedents has been formed in the rules of international civil jurisdiction of Japanese courts, and two conditions (or steps) have been established to determine the foreign civil jurisdiction of Japanese courts. First, the Japanese court has jurisdiction over a foreign-related civil case in accordance with Articles 4 - 12 of the Domestic Civil Jurisdiction Rules. Secondly, there is no special case that violates the concept of fairness and procedural justice between the parties.

Lay Understanding of Civil Law Terminology in Japan

Perhaps more than most professions, law depends on a corpus of specialized terms of art that are familiar to the practitioners who use them regularly in legal contexts but less familiar to lay people. Apart from the importance of enhancing transparency and public access for a key domain, making legal terms understandable to non-professionals may be crucial when non-professionals are involved in legal processes, such as civil litigation. However, simplifying terms risks changing their meaning, while explaining them in plain language entails the difficulty of assessing how much of the legal content lay people need or are prepared to know. An initial step to making legalese more understandable to non-lawyers is to evaluate what lay people actually understand by the terms they come across, and so this study compared the responses of lay participants when asked about key terms form the Japanese Civil Code with the definitions and explanations given by a legal expert. One of the key findings that emerged was that there is particular difficulty with terms that lay people have some understanding of because of their use in non-legal contexts. It will be argued that supplying some background in legal theory would help facilitate educating the public about the legal meaning of terms.

Otorhinolaryngology litigations in Japan.

The purposeof this study was to examine the malpractice litigations pertaining to otorhinolaryngology in Japan. A retrospective review was undertaken of cases tried in the Japanese civil court system during the 26-year period from 1990 to 2015 as identified in a computerized legal database. Data including patient demographics, disease, chief allegations, court's decisions, and the year decision was made were collected and analyzed. Patients' chief allegations were assigned to one of the five categories: delayed diagnosis, complication during diagnostic procedure, inappropriate treatment, complication during treatment procedure, or lack of informed consent. Thirty-one malpractice litigations were identified. Eight (26%) malpractice litigations pertained to tumors, 1 (3%) to a tumor-like lesion, 14 (45%) to inflammation, and 8 (26%) to others. Among the patients' chief allegations, inappropriate treatment and complication during treatment procedure were the most frequent [11 (36%) for each], followed by delayed diagnosis [6 (19%)], complication during diagnostic procedure [2 (6%)], and lack of informed consent [1 (3%)]. These data may aid in the design of risk-prevention strategies to be used by otorhinolaryngologists.

Comparative Study on Technical terms of Crisis Management among Korean, Chinese, Japanese Languages and English

Comparing different points and common points about crisis management technical terms among Korean, Chinese and Japanese language can be helpful to understand each country’s characteristics. By comparing 12 technical terms, this study concludes that Korea and China are government-initiated but put citizens before government while Japanese case is led by civil society but they put government before citizens at least in the terms’ uses. Accordingly, it is useful to focus on Japanese civil society even if it is apparently not strong.

Crystallization, Unification, or Differentiation? The Japanese Civil Code (Law of Obligations) Reform Commission and Basic Reform Policy

About one hundred ten years after enactment of the Japanese Civil Code, the debate over the reform of contract law has heated up. On November 2009, based on the consultation of the Minister of Justice, the Working Group on the Civil Code (Law of Obligations) was established. One distinctive feature of this reform process is that the academic contribution became a driving force. Shortly before the consultation, several reform proposals were propounded by different research groups. Notably, the Japanese Civil Code (Law of Obligations) Reform Commission proclaimed a sweeping and ambitious reform proposal: the Basic Reform Policy (Draft Proposals). However, not every lawyer felt the necessity of a comprehensive reform, and some bitterly criticized the reform movement. The fierce debate among academics and practitioners brings to light key characteristics of the Japanese Civil Code, several current streams of the Japanese legal scholarship, and the relationship between academe and practice in Japan. Focusing on the Basic Reform Policy (Draft Proposals), this article seeks to describe both legal scholarship advancing Civil Code reform and criticism of reform from practitioners.

The Contributions Made by Job Satisfaction and Psychosocial Stress to the Development and Persistence of Depressive Symptoms: A 1-Year Prospective Study.

The purpose of this study was to determine the factors that contributed to the development and persistence of depression over the course of 1 year in work environment. The subjects were 992 Japanese civil servants aged between 19 and 65 years. Baseline data and linked with data collected at 1-year follow up. After adjusting for baseline depression levels, job satisfaction, and work-related psychosocial stress (job control and job demand) were significantly related to depression at 1-year follow up. Moreover, those who reported job dissatisfaction were at higher risk of developing depression (odds ratios [ORs]: 1.94) and persistent depression associated with low job control (ORs: 2.64) and high job demand (ORs: 2.20). Job satisfaction, and psychosocial stress at baseline predicted development of and recovery from depression at 1-year follow up, respectively.

‘2017년 일본 민법 (채권법) 개정에서 약관(‘정형 약관’) 규제 규율’

In this presentation, we will examine the contents of the regulation of terms and conditions in the Japanese Civil Code.BR First, Article 548-2 of the Civil Code stipulates the two requirements for the agreement of terms contracts in a special form. According to the above provision, if a person has agreed to the intent of the contents of formal terms and conditions (subparagraph 1) or if a `formal terms and conditions preparer` has indicated the contractual contents of the contractual terms to the other party in advance (subparagraph 2), it is deemed that the counterparties of the formal terms and conditions reached an agreement to the individual clauses. In addition, pursuant to Article 548-3 (1) of the Civil Code of Japan, it is stipulated that, in the case where the other party makes a request, the preparer of the formal contract must present the contents of the formal contract, and there is no obligation to disclose. About this, from the viewpoint of consumer protection, it is desirable to make the principle of preliminary disclosure of the contents of the agreement and the requirements of the agreement of the counterparty customer in principle, and to revise the deemed provision to the presumed provision. There is criticism that it is necessary to recognize the right of withdrawal and cancellation from the contract according to the amendment of the terms and conditions. In addition, since the

‘2017년 일본 민법 (채권법) 개정에서 약관(‘정형 약관’) 규제 규율’

‘2017년 일본 민법 (채권법) 개정에서 약관(‘정형 약관’) 규제 규율’