Japanese Law Research Articles

Development of small-scale water fluoridation equipment.

A water fluoridation program launched in the United States in 1945 has become a worldwide application for caries prevention. Although such a program is important in Japan, water fluoridation in large communities has not been established. This study aimed to develop safe small-scale water fluoride equipment that can be easily used to carry out water fluoridation programs in areas with children in long-term care facilities, and in developing countries without water supply facilities. Batch-type NaF addition adjustment equipment was manufactured as small-scale water fluoride equipment. The fluoride concentration of the adjusted water with this equipment was measured using an ion meter and a fluoride composite electrode. All 51 water quality standards set by the Ministry of Health, Labour, and Welfare of Japan were tested. The fluoride ion concentration of the adjusted water was 0.7 mg/L and it was constant and stable. The adjusted water conformed to the water quality standard values of the Japanese Water Supply Law. Water produced with small-scale water fluoridation equipment had a fluoride concentration of 0.7 mg/L, which is the recommended concentration for caries prevention. The fluoride concentration was stable.

Special event at the 16th Annual Meeting of the Japanese Society for Quality and Safety in Medicine “Achieving zero harm in peripartum medical care” in the peripartum period Positioning of NCPR (Japanese Neonatal Resuscitation Law)

Special event at the 16th Annual Meeting of the Japanese Society for Quality and Safety in Medicine “Achieving zero harm in peripartum medical care” in the peripartum period Positioning of NCPR (Japanese Neonatal Resuscitation Law)

Derivation of human health hazard assessment values for toluene under the Japanese Chemical Substances Control Law

Derivation of human health hazard assessment values for toluene under the Japanese Chemical Substances Control Law

Customary law and regulation: Authenticity and influence

In its origins, customary law is a product of tribal order, which lacked a genuine state organization and institutions to create and enforce the law (Pëllumbi, 2006). Albanian customary law (ACL) is one of the oldest and most exceptional bodies of European customary law. It is exceptional that it does not come from a legislator or state parliament, but it was transmitted across generations in its unwritten form since antiquity. ACL has been applied in Albanian territories alongside various state laws implemented by locals or invaders. The purpose of this paper is to bring closer the scientific knowledge regarding the application of customary law from the ancient period to the new time. This knowledge brings scientific data regarding the originality or the influence of the customary rights of foreign people on ACL. This paper, by using the comparative methods, theoretical and meta-analysis methods (Maloku, 2020), will present the views of some foreign and local authors on customary law throughout history, and in particular in the Kanun of Lekë Dukagjini (KLD) as a fundamental source of ACL. The KLD has had the greatest longevity. Japanese anthropologist Kazuhiko Yamamoto considered the KLD to be similar to ancient Japanese customary law and Homeric-era law (Yamamoto, 2015). This paper contributes to the existing scientific literature, especially in the legal field. Moreover, this paper can contribute to the work of criminologists, victimologists, sociologists, and historians of the rule of law who deal with the research on the impact of customary law in Albanian lands.

Prawna ochrona dziedzictwa kultury w Japonii – zarys tematyki

The authors of this article undertake a general discussion of the legal protection of Japan’s cultural heritage. They begin their reflection with the issue of comparative legal studies, treating it as a determinant of the direction and scope of legal analysis of the cultural property protection in Japan. However, their main focus are three issues. These are: the history of legal protection of the cultural heritage against the background of the formation of modern Japanese law, the subject of protection and its categories according to the Japanese Act of 30 May 1950 on the Protection of Cultural Property, and the empirically significant aspect of conservation theory concerning the issue of the authenticity of a historic substance in relation to Japan. The authors end their analysis of the legal history of the protection of Japan’s cultural heritage with a discussion of the 1950 Law, which (amended) still remains in force. The curious practice of monuments conservation in Japan related to the understanding of the authenticity of a historic substance by the Japanese is addressed by the authors in the last part of the article.

Condition of Private Security in Ulrich Beck's Risk Society: A Study on Civilian-Police Cooperation Method of the Decentralized Policing Systemthrough Comparing the Korean and the Japanese Security Industry Law

Private security industry is still popular in Japan even though the country s crime rate has decreased consistently for nineteen years after 2002 to the point of about a quarter of the record of the year, which means the Japanese high levels of anxiety about their surroundings. This paper examines the general condition of Japanese private security based on Ulrich Beck s theory of risk society and illuminates the Japanese people s sense of crisis behind close civilian-police cooperation under the decentralized policing system. To this end, the characteristics and causes of growth of Japanese private security industry are studied, and the concepts of individualization and globalization are introduced in Ulrich Beck s risk society theory. In addition, the conditions of Japanese private security are analyzed in the light of Ulrich Beck s theory. As a result, it is argued that the concept of risk in Japanese private security is not a physical phenomenon, but rather an effect of high industrialization, which can be caused by individualization and mitigated or removed by globalization. This study is meaningful in drawing academic interest in this discussion of Japanese private security by emphasizing that this business performs a public function that reflects the collective sentiment of members of society in addition to just economic purposes.

Spa and Traditional Thai Massage: Local Policies and Promotional Measures for Long-Stay Japanese Retirees in Chiang Mai, Thailand

This study investigates the local policies and promotional measures of local authorities concerning spa and traditional Thai massage services serving long-stay Japanese retirees in Chiang Mai. The study adopts the qualitative descriptive approach based on information obtained from printed and electronic documents and semi-structured in-depth interviews. Using purposive sampling, the participants consisted of seven representatives working at the policy level from three local authorities in Chiang Mai most directly responsible for the task of spa and traditional Thai massage. The findings reveal that local policies involves reference to the Medical Hub policy and related law, as well as policy and budget adoption from multiple streams, with no separate tasks for long-stay Japanese retirees and law enforcement to control the service standards of spa and traditional Thai massage services. Promotional measures include an award system to develop service standards and adherence to regulations, a coaching system among entrepreneurs, long-stay activities, and the adoption of local culture and Lanna wisdom in service provision. Although general foreign tourists in Chiang Mai appear to be the main target group for local policies and promotional measures, a couple of specific promotional measures are targeted at long-stay Japanese retirees. Separate tasks and a cross-sectional network of local authorities should be established to strengthen their roles in serving the group of long-stay Japanese retirees.

Image Mosaicking and Localization Using a Camera Mounted on a Hanging-Type Wall Climbing Robot

Owing to the revision of Japanese building law in 2008, the demand for wall inspections has been increasing. Currently, wall inspections are performed by workers using hammering devices; this involves dangerous work at high elevations. Therefore, we developed an inspection system using NOBORIN®, a hanging-type wall climbing robot. In this paper, we introduce the robot and its hammering inspection system, and propose a method for image mosaicking and localization using images captured from an equipped camera. The estimated values are used to correct the elevation motion(s) of the robot.

Comparative Perspectives on Specialised Intellectual Property Courts: Understanding Japan's Intellectual Property High Court Through the Lens of the US Federal Circuit

AbstractThis article develops a comparative analysis of specialised courts in intellectual property across both Japan and the US. This article considers the IPHC through the lens of the CAFC to investigate the differing institutional impact and illuminate the most pressing issues in Japanese patent law that have emerged as a result of transplanting this specialised court. Rather than a more conventional analysis of the implementation of these institutions, this article focuses instead on a comparative investigation of the soft law elements that have significantly influenced their effectiveness, providing a different insight on the relationship between these institutions and their broader contextual impact.The main findings of the comparative analysis are found in two primary areas – the impact of specialised courts on the consistency and reliability of patent law; and secondly, recommendations regarding the potential reform of Japanese patent law as it relates to the role of the IPHC. In terms of reform, this article analyzes the double-track problem in Japanese patent law and the key role that, with some modification to the court/patent office relationship, the IPHC could play in addressing this issue with a more fundamental realignment of patent law with its Continental history.

A Review of the Disinheritance Bill from the Legislative Perspective

Recently, the Korean government has proposed a bill for the disinheritance to the Korean Assembly, which provides that the testator can request the disinheritance of the presumptive heir to the family court in the case of the material breach of his/her duty of support or in the case of serious crime against the testator, his/her spouse or lineal relatives. Although it was inspired by the disqualification of legal reserve of inheritance system in the German Civil law, there are two important differences. First, the testator can claim for the disinheritance of the presumptive heir while he/she is still alive; secondly, his/her heirs can claim it after the testator’s death. It looks similar to the disherison system in the Japanese Civil law, but it is the combination of the German system and the disqualification of inheritance by trial system in Franch Civil law in order to implement the Austrian concept, which allows the heir can carry out the intent of the testator on his behalf if the testator fails to die before he makes a will for the disinheritance of the presumptive heir. This paper is written to explain the structure and the details of the bill and to prompt the discussion for the introduction of a best disinheritance system suitable for the unique situation of Korea.

A Study on the matrimonial property system Comparing with the interpretations of the Japanese Civil Law

The provisions on the matrimonial property system in the Korean the Civil Law apply to a married couple unless otherwise specified in a premarital agreement signed by the couple (Article 829 of the Civil Law). This article overviews the history and theories of the property system in the Japanese Civil Code, as it is regarded as the most similar to the matrimonial property system in Korea. The social perception of marriage may vary depending on the time and social situation, which makes it difficult to clearly grasp the public’s general preference for the marital system at a given time. However, it may be possible to derive such preference from social perception surveys utilizing relevant statistics. When we take a look at similar survey findings and statistics in Korea, we find out that, in the 1960’s when the first Civil Law was enacted, average Koreans married in their 20’s and stayed married for around forty years, and wives were not actively engaged in economic activities in general. Today, on the other hand, the marriage rate is declining while the divorce rate is increasing along with the remarriage rate. These stark differences between the two periods warrant a question; are the marital property relationship in those two periods the same? This eventually leads to the question of whether to uphold the social value that comes from a couple’s joint pursuit of communal life through marriage, or leave decisions on matrimony and the dissolution thereof to each individual’s free judgment. It should be noted that, unlike the past, marriage today is widely considered a contract that establishes a human community between men and women, and such a community can be freely established and dissolved based on individual affection. That is, ‘merger and succession of families’ is no longer emphasized in the marriage context. Therefore, with regard to spouses or children in need of economic support during marriage, it is necessary to grant them a way to file claims for support fees and have those claims executed with meaningful results, promote meaningful property division in case of divorce or find a way to increase a spouse’s inheritance. In particular, for couples in de-facto marriage where one of the spouses is reluctant to form a matrimonial property relationship and postpones or rejects marriage registration, it is necessary to adopt protective measures for the other spouse and their children. The 2020 bill to the Civil Law can be regarded as part of the continuous efforts to address economic inequality within married couples through the law. However, as one finds out, the bill contains provisions that are difficult to adopt without fundamental changes to the legal doctrine on change of real rights or the disclosure method thereof. The adoption of the bill is expected to face difficult challenges in terms of transaction safety. Therefore, the matrimonial property system under the Civil Law should be interpreted in a way that allows only the minimal level of solidarity required for the support of the married couple, so as to ensure that the interpretation is based on freedom of marriage but does not infringe on the safety of transaction.

A retrospective study on radiological findings of diffuse pleural thickening with benign asbestos pleural effusion in Japanese cases.

The requirement for compensation for diffuse pleural thickening in benign asbestos pleural effusion include five computed tomography findings of organized pleural effusion: [1] heterogeneity in the pleural effusion, [2] declined chest capacity, [3] “crow’s feet” sign at the pleura, [4] immobilization of effusion volume, and [5] air in the effusion. Pleural effusion is diagnosed as organized, immobilized, and in the state of diffuse pleural thickening if at least three of these items are fulfilled, ([1] and [3] compulsory + one of the remaining items). This retrospective study investigated whether the requirement to confirm no organized pleural effusion changes after a follow-up of >3 months were available for cases fulfilling three of the five items; i.e., the confirmation of only [2] with [1] and [3]. Of 302 cases recognized by the Japanese laws, 105 cases with diffuse pleural thickening with organized effusion were enrolled. The number of subjects who fulfilled the diagnostic requirement for organized pleural effusion was confirmed. Eight subjects had a full score of 5 points, 82 subjects scored 4 points, and only 15 subjects scored 3 points. Furthermore, no changes were observed in the organized pleural effusion volume after a follow-up of >3 months.

PROTECTING PATIENT’S RIGHTS IN A POST-TRADITIONAL LEGAL SYSTEM: COMPARING LATVIAN AND JAPANESE MEDICAL JURISPRUDENCE

Litigation concerning the violation of patient’s rights, which are associated with informed consent, confidentiality, right to information and medical records, as well as occasionally with end-of-life decision- making are quite frequent in common law and civil law jurisdictions, and has lasted for over a century in issues concerning malpractice, or unauthorized medical interventions and breaches of medical confidentiality. However, what could we say about medical law-related litigation in Japan? Technically, the legal system of Japan is a civil law one, but is practically post-traditional, which is reflected in extreme paternalism in healthcare and patient-physician relationships, which could be observed before the recent decades and which still has some impact on the modern Japanese medical law, despite the number of medical law-related litigation is becoming more frequent nowadays. The Japanese legislation does not have a specific “patient’s rights law” in contrast to European states, and most of the principles relating to medical malpractice derive from case law – the practice of the Supreme Court and of the lower courts. Each of the decisions strongly depends upon the factual circumstances, and the post-traditional features of the legal system may have some impact on it.

Japan as a Source of Legal Ideas: A View from the Mekong Subregion of ASEAN

Much has been written about Japanese law within the context of Japan. Less is known about the application of Japanese legal models outside Japan. A prevailing view among some commentators is that Japanese law scholarship does not offer insights that are useful beyond Japan-based legal studies. Other scholars challenge this perception by invoking Japan’s legal development aid projects in the Mekong subregion of ASEAN—especially in Vietnam, Cambodia and Laos. These projects have been in operation for over twenty years and aim to foster the economic growth of host countries. This article aligns with the view that Japanese law exists beyond, and is influential outside, Japan. It calls for further action by legal specialists to re-examine and re-assess the corresponding influence of Japanese positive law in these countries, both in improving the transparency of those legal systems and enhancing communication among local, comparative and Japanese law experts.

Overview of act on launching of spacecraft, etc. and control of spacecraft in Japan

The Japanese Act on Launching of Spacecraft, etc. and Control of Spacecraft (commonly cited as “Space Activity Law”) and related documents came into force on November 15, 2018.To implement UN treaty obligations related to outer space accurately and smoothly, to ensure public safety, and to contribute to enhancing the livelihood of people and the development of the economy, Japan established a system related to launch, launch vehicles, control of spacecraft and a compensation scheme for damage to third parties caused by the launch of a launch vehicle.In addition to the Japanese Space Activity Law, there are many other international “space activity laws”. In order to update and harmonize the Japanese Space Activity Law with international space law, the National Space Policy Secretariat (NSPS) conducted an investigation of international and national space laws, especially the United Kingdom, France and United States of America through both documentary research and in-person meetings.This paper provides an overview of the Japanese Space Activity Law.

When the law is silent: stigma and challenges faced by male sex workers in Japan

AbstractThis study considers how invisibility under the law can lead to stigmatisation. It examines how legal silence affects the stigmatisation process and the identity of male sex workers in Japan. Since male sex work is currently not recognised under Japanese law, male sex workers are not subject to control, regulation, punishment or protection. However, the number of male sex workers in Japan is increasing. Many studies have noted that male sex workers may experience double stigmatisation – referring to the stigma associated with homosexuality and the stigma associated with commercial sex. Male sex workers in Japan, however, may face an additional stigma caused by the fact that the law essentially ignores their existence. This paper draws on fieldwork interviews to show how the silence of the law can exacerbate the marginalisation and disempowerment of a vulnerable social group.

최근 일본의 주권 전자화 관련 법적 동향 분석 - 2019년 회사법 개정과 최근의 분쟁사례를 중심으로 한 해석론과 시사점 -

회사법의 영역에서 주권의 전자화는 거스를 수 없는 흐름이므로 당면과제로서 관련 법률과 실무의 조화롭고 합리적인 해석론이 필요하다. 전자적인 환경에 친숙하지 않거나 전자기기 등 주변 여건이 불충분한 상황에 놓여있는 주주들도 보호할 필요가 있다는 점을 언급하고 싶다. 그러한 의미에서 일본 회사법이 주주총회 관련 서류들의 전자제공조치 제도를 마련하면서, 다른 한편으로는 주주들의 서면교부청구권을 보장하고 있는 점은 향후 법 개정을 할 때 주주간 실질적 평등을 구현하기 위해 참고해야 할 요소로 보인다. 나아가 일본의 최근 판례를 통해 제시된 쟁점들과 연계하여, 전자등록법하에서 소유자증명서 또는 소유내용의 통지를 명의개서에 대응하는 대항요건으로 보아야 한다는 점, 그리고 2020년 12월 29일 상법 개정으로 도입된 다중대표소송과 관련하여서 모회사 주주가 자회사의 이사를 상대로 다중대표소송을 제기하기 위해서는 2017년 전원합의체판결의 판시내용 및 그 이후의 실무경향을 고려하여 전자등록법상의 위 요건을 구비해야 한다는 해석론 등을 도출하였다.

The Construction and Practice of the Right of Residence System from the Perspectives of China

In the history of civil law, the residence right system, as a representative of human servitude, originated from Roman law and continued to develop in the "French Civil Code" and "German Civil Code". Based on the differences between Chinese and Western social and cultural traditions, Japanese civil law did not accept the human servitude system in the initial legal inheritance, and modern Chinese civil law also abandoned the human servitude system based on similar cultural value judgments. With the major changes in social life, based on the response to real social needs, the "Civil Code of the People's Republic of China" created a system of residency rights. This article uses the comparative method to study the historical evolution of the housing rights system, and explore the legal and cultural roots behind the establishment of the system. At the same time, with the help of typical cases, it analyzes the practice of the right of residence after the promulgation of the Civil Code and discusses the legal perfection of the right of residence system. This article points out the unpaid nature of the right of residence, which can easily hinder the development and effectiveness of the right of residence system. In the future judicial practice, we need to expand the interpretation of the law, expand the scope of the right of residence, and expand the legal function of the right of residence system, so as to make full use of social resources to meet the public's housing needs.

Allocation of Civil Liability of Applying AI-Assisted Image Analysis for Diagnosis under Japanese Law

Allocation of Civil Liability of Applying AI-Assisted Image Analysis for Diagnosis under Japanese Law

Interpretation of Corporate Acquisition Contracts in Japan: A Legal Transplant through Contract Drafting

AbstractThis article explores Japanese transactional lawyers’ attempts to transplant American legal practice concerning corporate acquisition contracts into Japan. Despite their extensive efforts to disseminate legal concepts originating from the common law into the Japanese legal community, their transplantation attempts produced somewhat unexpected results by the promoters of the transplant. Faced with unfamiliar drafting styles and legal concepts, Japanese courts interpreted American-style corporate acquisition contracts in accordance with traditional Japanese-style contract interpretation. As a result, attempts by Japanese practitioners at transplantation were incomplete. This incompleteness is attributable to their inattention to the differences in approaches to contract interpretation between Japanese and New York courts. New York's approach is much more formalistic and literal than Japan's. If fully aware, however, they could have filled the gap by using functional substitutes for American techniques of controlling adjudicators’ contract interpretation which would effectively operate under Japanese law. Japan's experience confirms that a widely supported view in comparative law scholarship that transplanted law does not necessarily operate in the recipient jurisdiction as it did in its host jurisdiction is applicable to the transplantation of contract drafting practices.