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31 Comp. Lab. L. & Pol'y J. 441 (2009-2010)
Conscientious Objection in Japan

handle is hein.journals/cllpj31 and id is 449 raw text is: CONSCIENTIOUS OBJECTION IN JAPAN Tadashi Hanamit I. THE HISTORY After the Second World War, Japan's national flag (Hinomaru, meaning rising sun) and national anthem (Kimigayo) have been two of the most controversial issues in Japanese politics. Leftist groups have attacked both as symbols of the militarism that resulted in the invasion of Japan during the war. Throughout the entire history of post-war Japan, such groups have taken advantage of every opportunity to protest singing the anthem or paying respect to the flag. The Japan Teachers Union, which organizes public school teachers, once was dominated by the Japan Communist Party and, as it has been for a long time and continues today, is still heavily influenced by leftist ideology. The union has been organizing protests at school events such as entrance, graduation, and other ceremonies and union members have further refused to pay respect to the flag or sing the national anthem. The legal battle arising from these controversial issues started in 1986 when a citizens' group sued the Kyoto City Board of Education seeking an injunction preventing the city from taking administrative action forcing schools to sing the national anthem at school events. In its decision of November 4, 1992, the Kyoto District Court rejected the suit ruling that the Court will refrain from determining whether the city's action is unconstitutional, based on its reasoning that the national anthem did not clearly defame or slander the spirit of the Constitution. The Kyoto District Court's decision was subsequently affirmed by the Osaka High Court (January 25, 1996) and the Supreme Court (January 19, 1999). Even after the aforementioned Supreme Court decision, the teachers' groups continued their attacks against Kimigayo and the Hinomaru in spite of any unsuccessful efforts at the courts. The t Professor Emeritus, Sophia University; Of Counsel, Matsuo & Kosugi, Japan.

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