The Tokyo District Court this week imposed a fine of 100,000 yen ($661) on the Unification Church for not complying with part of an education ministry investigation under the Religious Corporation Law.
The probe was based on the right to question a religious organization and demand reports in cases where suspected legal violations were an issue.
The ministry had sought the imposition of administrative penalties for the church’s tardy response to the investigation before it filed a petition with the Tokyo District Court for dissolution of the group, formally called the Family Federation for World Peace and Unification, last October.
This decision marks the first judicial judgment in the ministry’s exercise of the right to inquire into a religious corporation. Notably, it explicitly stated that wrongdoings as defined by the Civil Code are included among the acts of violation of laws and regulations, one of the conditions for ordering the organization to disband.
The court decision assumes that such misdeeds--civil wrongs or wrongful acts that cause harm to others--are also against legal norms that prohibit illegally infringing on the rights of others.
The court cited 22 civil case rulings that recognized the church’s activities had caused more than 1.5 billion yen ($9.91 million) in damages to victims and rejected the church’s claim that the ministry’s investigation was illegal.
Additionally, the court set standards, such as not being able to refuse to report specific factual situations merely because documents are unavailable. It individually examined the materials and information designated by the ministry as “unreported items.” It acknowledged that the church had no valid reason for its failure to provide information concerning matters such as the financial flow of donations to the church and the route by which they could be returned. The same applied to the church’s real estate and financial standing and its support to related organizations.
Given the tax benefits for religious corporations, strong doubts arose within society about the church’s qualification as a legally certified religious organization. The church has an obligation to respond to the ministry’s investigation and remove suspicions about its past activities.
However, the court also indicated that the right of inquiry is not without limits, stating that some issues raised by the ministry did not warrant recognition of them as unjustifiable non-reporting, concluding punishment was not appropriate in such cases.
The procedures for filing a petition for the dissolution of a religious organization and investigation into such an entity need to be carefully monitored to prevent undue government intervention in religious corporations.
This decision, which delineates the boundary for punishment and meticulously examines instances of non-reporting, appears to be mindful of this imperative.
The criteria for this judgment were about whether there was a “suspicion” the church had engaged in acts that met the requirements for an order to dissolve. A more intensive examination is required for issuing a dissolution order itself.
The decision specifically mentioned that a dissolution order could affect the religious activities of followers, noting, “Considering the importance of freedom of religion, (whether a dissolution order is warranted) should be judged carefully and strictly also from the viewpoint of whether the action is necessary and inevitable as a response to the Unification Church’s acts.” This reflects the strictness expected in the process of reviewing the ministry’s petition.
Separate from the judicial proceedings, there is growing skepticism over the failure of politicians to take any action in response to the church’s dubious activities, which caused huge and widespread damage to its followers for many years. Yet, no satisfactory investigation has been conducted into this matter.
This political inaction, including the neglect to investigate the allegations against education minister Masahito Moriyama, who received election support from church-affiliated groups, cannot be overlooked.
--The Asahi Shimbun, March 30
EDITORIAL: Church has a duty to sincerely address society’s doubts
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30.03.2024
The Tokyo District Court this week imposed a fine of 100,000 yen ($661) on the Unification Church for not complying with part of an education ministry investigation under the Religious Corporation Law.
The probe was based on the right to question a religious organization and demand reports in cases where suspected legal violations were an issue.
The ministry had sought the imposition of administrative penalties for the church’s tardy response to the investigation before it filed a petition with the Tokyo District Court for dissolution of the group, formally called the Family Federation for World Peace and Unification, last October.
This decision marks the first judicial judgment in the ministry’s exercise of the right to inquire into a religious corporation. Notably, it explicitly stated that wrongdoings as defined by the Civil Code are included among the acts of violation of laws and regulations, one of the conditions for ordering the organization to disband.
The court decision assumes that such misdeeds--civil wrongs or........
© The Asahi Shimbun
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