Cultic Studies Review, Vol. 2, No. 3, 2003, Page 20
Japanese Activities to Counter Cults
Hiroshi Yamaguchi, Esq.
In this brief paper I will discuss Japanese responses to three areas pertinent to cults: (1)
judicial standards in cases involving donations (2) the position taken by the French
National Congress and (3) Falun Gong.
Judicial Standards in Cases Involving Donations
In the Japanese civil courts over ten cases found the Unification Church liable for activities
related to persuading people to make donations. Several other organizations were also
ordered to pay compensation to victims because of the illegal activities of demanding
donations from new followers.
Plaintiffs have lost cases against religious cults for two reasons. First, the activities of the
religious members were declared legal due to lack of evidence. Second, their activities were
not found to be illegal because the plaintiffs had been willing to pay donations at the time.
What is the standard for civil courts to decide legal vs. Illegal? There is obviously a fine line
between right and wrong, legal and illegal. And this is when social norms must be
considered. But what is considered a social norm by the Japanese courts? Recently,
Japanese courts have identified three objective elements by which to judge relevant social
norms:
1. Intention. When the aim of activities is mainly for raising money, these activities tend
to be considered illegal.
2. Methods used to get money, including (a) how long pressure was put on victims for
donations (b) how many members were involved in each incident of pressure and what
kind of place this pressure took place in (c) what is revealed by the organization‘s
instructional manuals.
3. Effect, e.g., the amount of money donated.
Cultic religious organizations as defendants try to insist that the victims as plaintiffs were
willing to donate, or emphasize that members did not use forceful methods. However as
Japanese courts consider the objective elements and objective evidence of each case to be
more important than the psychological elements and subjective opinions of the defendants,
the activities of Moonies, for example, have often been ruled illegal on an objective basis.
Using these objective standards the Japanese civil courts have often ruled that the
organized activities of Moonies are illegal and The Unification Church is liable (see Appendix
1).
Position Taken by the French National Congress
My colleagues and I strongly admire the stance on cult issues of the French National
Congress with its passage of the Anti-Sect Law in May 2001. We are sure that this will
protect citizens from the poison of destructive cults in that it prohibits dangerous activities,
mind control techniques, and other mind-abusing activities of cults.
However, the adoption of such an approach in Japan is likely to be obstructed for the
following reasons:
4. Japanese citizens don‘t trust the police or the government. In contrast, French people
seem to rely on the police. In Japan there is the fear that the empowerment of the police
force may lead to violations of human rights and discrimination of minorities.
Cultic Studies Review, Vol. 2, No. 3, 2003, Page 21
5. In Japan several large religious organizations were established around 1860. If the
Japanese Diet attempted to make a similar law to that in France, these large organizations
could possibly obstruct the introduction of such a law.
6. It can be difficult to define which activities are crimes. Moreover, the kinds of activities
that are illegal would be clearer in the criminal court than in the civil court. Currently in
Japan, the civil courts have handled such cases and established standards but not yet the
criminal court.
Therefore, we need to make a clear standard for the definition of illegal activities, not only
in the civil courts but also in the criminal courts.
Falun Gong in China
Many Japanese opinion leaders criticize the Chinese government's policies regarding Falun
Gong, claiming that these policies are a breach of international human rights.
The corruption of the communist bureaucrats is clear in Chinese society. Such corruption
has led many Chinese citizens to rely on new religious movements, such as Falun Gong. The
negative impact of new religious movements on the power of the Emperor of China
approximately 200 years ago is likely the main reason for the current Chinese Governments
fear of new religious movements. Hence, many Japanese people believe that the Chinese
government's reaction to Falun Gong is based on a fear of losing control to new religious
movements.
However, the actual activities of Falun Gong are not clear, even in Japan. There are rumors
that Falun Gong uses mind control techniques and that Falun Gong demands too much
money from followers. But there is no objective evidence to prove these rumors either way.
Neither the Chinese government nor the Falun Gong organization has given any clear
objective evidence to support their subjective opinions.
We are afraid of being used and misled by both sides. Consequently, we are unable to
officially make a statement concerning Falun Gong. We have been and will continue to
watch both sides carefully.
Appendix 1
Judgments handed down by courts in Japan against the Unification Church include:
1. Judgment by the Fukuoka District Court, May 27, 1994 Upheld by the Fukuoka High
Court, February 19, 1996 Finalized by the Supreme Court, September 18, 1997
The Fukuoka District Court, High Court and Supreme Court all ruled that the Unification
Church is liable for the unlawful procurement of monetary donations from plaintiffs (two
widows). The Unification Church was ordered to pay the plaintiffs the sum of $300,000.
2. Judgment by the Tokyo District Court, October 24, 1997 Upheld by the Tokyo High
Court, September 22, 1998 Finalized by the Supreme Court, March, 11, 1999
The Tokyo District Court, High Court and Supreme Court all ruled that the Unification
Church is liable for the unlawful procurement of monetary donations from the plaintiff (a
woman). The Unification Church was ordered to pay the plaintiff the sum of $210,000.
3. Judgment by the Nara District Court, April 16, 1997 Upheld by the Osaka High
Court, June29, 1999 Finalized by the Supreme Court, January21, 2000
The Nara District Court, and the Osaka High Court and Supreme Court all ruled that the
Unification Church is liable for the unlawful procurement of monetary donations from the
plaintiffs (two women). The Unification Church was ordered to pay the plaintiffs the sum of
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