Cultic Studies Review, Vol. 3, Nos. 2 &3, 2004, Page 61
authority had priority over the wife‘s right to believe in a controversial religion (3) whether
the religious dogmas and attitudes of the Jehovah‘s Witnesses are harmful, not only to
children but also to adults who decide to adopt it. Generally and legally speaking, the judge
cannot accept the arguments of the accused on any of those points. And the court does not
consider the legality of deprogramming and Jehovah‘s Witnesses as a whole. To focus on
the social problems that generate this issue and judge each incident is beyond the scope of
legal institutions. Nevertheless, in this appeal, because the plaintiff complained of the low
amount of compensation, the judge in fact took into account the argument of the accused.
On August 7th, 2002, Osaka High Court (Compensation Claim number 1752) sustained the
verdict of the Kobe District Court, rejecting the plaintiff's claim for additional compensation
and ruling that the pastor should not have conducted deprogramming with the plaintiff, who
had consistently opposed apostasy, even though her husband had asked the pastor for
emergency help. Neither the plaintiffs nor the defendants appeaedl this ruling to the
Supreme Court.
Hiroshima High Court Case: Unification Church
The ruling on February 22nd, 2002, (Compensation Claim number 98, 2000) ordered
parents and a pastor who conducted their daughter's deprogramming to pay 150,000 yen
and 5 percent per year interest since 1998 for psychological damages and legal fees. This
lawsuit represented the appeal by the accused of the ruling of the Tottori District Court,
which had originally ordered them to pay 400,000 yen based on the same reasoning.
In this case, a female Unification Church member had been confined twice for
deprogramming. The second time, in 1997, her parents had brought their daughter out
from the Unification Church branch against her will and despite church members' opposition,
and then had confined her for 14 months to persuade her to disaffiliate from the Unification
Church. She once promised apostasy, but then returned to the church and participated in a
mass wedding. She migrated to South Korea to live with her Korean husband. After a time
she filed this lawsuit.
The points of this case are (1) whether the long confinement for deprogramming was a legal
action as self-help (2) whether the parental right to child custody (the daughter was 31
years of age during the deprogramming) is superior to the child's freedom of religion and
(3) whether the religious dogma and the activities of the Unification Church are harmful to
adults who want to continue to participate in them. These points, especially the argument
regarding self-help, were constructed in the same manner as those in the Jehovah's
Witnesses case, because the attorney was the same person in both cases.
The ruling in this case was a victory for the plaintiff. The accused gave up further appeal,
because the high court ruling reduced by an extraordinary amount the monetary
compensation awarded by the district court. In fact the plaintiff accepted 100,000 yen for
compensation and 50,000 yen for legal fees, which could not cover the necessary expenses
of the trial. Also, violent abduction and long confinement could not legitimatize the self-help
argument, even if the judge had considered the circumstances of deprogramming. At least
in principle, the court did not condone programming, but it did regard the cult question as a
social problem.
Tokyo District Court Case: Unification Church
A ruling on March 8th, 2002 (Compensation Claim number 7723 1999) dismissed the claim
that the accused, the parents and a pastor, must not force apostasy on the plaintiff, their
daughter and Unification Church member, and must pay approximately 14,000,000 yen in
compensation for her psychological damage in deprogramming. The plaintiff appealed this
lawsuit with the complaint that the ruling of the Tokyo District Court did not acknowledge
her right of religious freedom.
authority had priority over the wife‘s right to believe in a controversial religion (3) whether
the religious dogmas and attitudes of the Jehovah‘s Witnesses are harmful, not only to
children but also to adults who decide to adopt it. Generally and legally speaking, the judge
cannot accept the arguments of the accused on any of those points. And the court does not
consider the legality of deprogramming and Jehovah‘s Witnesses as a whole. To focus on
the social problems that generate this issue and judge each incident is beyond the scope of
legal institutions. Nevertheless, in this appeal, because the plaintiff complained of the low
amount of compensation, the judge in fact took into account the argument of the accused.
On August 7th, 2002, Osaka High Court (Compensation Claim number 1752) sustained the
verdict of the Kobe District Court, rejecting the plaintiff's claim for additional compensation
and ruling that the pastor should not have conducted deprogramming with the plaintiff, who
had consistently opposed apostasy, even though her husband had asked the pastor for
emergency help. Neither the plaintiffs nor the defendants appeaedl this ruling to the
Supreme Court.
Hiroshima High Court Case: Unification Church
The ruling on February 22nd, 2002, (Compensation Claim number 98, 2000) ordered
parents and a pastor who conducted their daughter's deprogramming to pay 150,000 yen
and 5 percent per year interest since 1998 for psychological damages and legal fees. This
lawsuit represented the appeal by the accused of the ruling of the Tottori District Court,
which had originally ordered them to pay 400,000 yen based on the same reasoning.
In this case, a female Unification Church member had been confined twice for
deprogramming. The second time, in 1997, her parents had brought their daughter out
from the Unification Church branch against her will and despite church members' opposition,
and then had confined her for 14 months to persuade her to disaffiliate from the Unification
Church. She once promised apostasy, but then returned to the church and participated in a
mass wedding. She migrated to South Korea to live with her Korean husband. After a time
she filed this lawsuit.
The points of this case are (1) whether the long confinement for deprogramming was a legal
action as self-help (2) whether the parental right to child custody (the daughter was 31
years of age during the deprogramming) is superior to the child's freedom of religion and
(3) whether the religious dogma and the activities of the Unification Church are harmful to
adults who want to continue to participate in them. These points, especially the argument
regarding self-help, were constructed in the same manner as those in the Jehovah's
Witnesses case, because the attorney was the same person in both cases.
The ruling in this case was a victory for the plaintiff. The accused gave up further appeal,
because the high court ruling reduced by an extraordinary amount the monetary
compensation awarded by the district court. In fact the plaintiff accepted 100,000 yen for
compensation and 50,000 yen for legal fees, which could not cover the necessary expenses
of the trial. Also, violent abduction and long confinement could not legitimatize the self-help
argument, even if the judge had considered the circumstances of deprogramming. At least
in principle, the court did not condone programming, but it did regard the cult question as a
social problem.
Tokyo District Court Case: Unification Church
A ruling on March 8th, 2002 (Compensation Claim number 7723 1999) dismissed the claim
that the accused, the parents and a pastor, must not force apostasy on the plaintiff, their
daughter and Unification Church member, and must pay approximately 14,000,000 yen in
compensation for her psychological damage in deprogramming. The plaintiff appealed this
lawsuit with the complaint that the ruling of the Tokyo District Court did not acknowledge
her right of religious freedom.
