Skip to main content Accessibility help
×
Hostname: page-component-7479d7b7d-767nl Total loading time: 0 Render date: 2024-07-10T07:45:01.417Z Has data issue: false hasContentIssue false

13 - Kyoto Korean Elementary School Case

A Legal Analysis

from Part IV - Cases

Published online by Cambridge University Press:  15 January 2021

Shinji Higaki
Affiliation:
Fukuoka University
Yuji Nasu
Affiliation:
Seinan Gakuin University
Get access

Summary

Even though the three different judgments rendered in Kyoto Korean Elementary School – one criminal, by Kyoto District Criminal Court, and two civil, by Kyoto District Court and the Osaka High Court – are generally all perceived to be responses to the hate speech demonstrations that targeted the school, there is a significant difference between the three. This comparative analysis of the three judicial rulings offers important insights into how best victimization might be addressed through judicial responses. The reaction of the teachers and parents of the school exposes the limitations of a punitive approach in terms of restoring the trust of a victims in a majority Japanese community and a sense of inclusion within that community. While relationships are built over generations by shared understanding of the history of the minority Zainichi ethnic group in Japan, the punitive approach acts as a barrier to that understanding, undermining the trust so built. This chapter therefore suggests that the compensatory approach in tort, in line with the position of the Japanese Supreme Court, is likely to be more effective in remedying damage and restoring trust.

Type
Chapter
Information
Hate Speech in Japan
The Possibility of a Non-Regulatory Approach
, pp. 295 - 323
Publisher: Cambridge University Press
Print publication year: 2021

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×