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Governmental Authority
Supreme
Court Decision of February 22, 1995, 49 Keishu 2-457, 1527 Hanji 3,
877 Hanta 129. The Court concluded over fifteen years of litigation regarding
whether payments made to former Prime Minister Kakuei Tanaka by Lockheed Aircraft
Corporation through Marubeni, Ltd., Lockheed's representative in Japan, in consideration
for Tanaka's efforts to directly and indirectly influence All Japan Airlines to purchase
Lockheed's aircraft constituted bribery. Although Tanaka had died following the ruling of
the Tokyo High Court's confirmation of the guilt of both Tanaka and the President of
Marubeni of the crime of bribery, the Court dismissed the appeal of the President of
Marubeni ratifying the lower court's determination that Tanaka's actions had been
undertaken in his official capacity as prime minister with respect to a matter which lay
within his power to control.
Supreme
Court Grand Bench Decision of August 28, 1996, 1577 Hanji 26.
Rejecting the appeal of the Governor of Okinawa, the Court affirmed the decision of the
Fukuoka High Court (Fukuoka High Court Decision of March 25, 1996, 1563 Hanji
26) ordering the Governor of Okinawa to facilitate and execute documents associated with
the expropriation of property in Okinawa for use by the United States military. In
preparation for the expiration of existing leases related to property used by the United
States military in Okinawa, and in view of the fact that the owners of the leased land had
refused to renew the leases, the Diet had approved a "Special Measure Relating to the
Use of Property by Military Reserve Forces" ("Special Measure") allowing
expropriation of land in Okinawa for continued use by the American military. As
local and prefectural authorities had similarly refused to participate in the
expropriation process, the National Director of Defense Facilities requested that the
Governor of Okinawa undertake expropriation on their behalf. Upon the
Governors refusal, the Prime Minister asserted an action against the Governor of
Okinawa to enforce a mandate that the Governor perform his official duty with respect to
the expropriation. Affirming the lower courts grant of mandamus, and refuting
the Governor's claims that the expropriation was itself unconstitutional, the Court
indicated that the expropriation was authorized based on the Treaty of Mutual Cooperation
and Security between the United States and Japan ("Treaty"), and the Special
Measure Concerning the Use of Property by the United States Armed Forces ("Special
Measure"), and that since neither the Treaty nor the Special Measure were patently
unconstitutional, the expropriation must be treated as being constitutional, and therefore
within the official duties of the Governor of Okinawa. |