Koizumi’s Visits to the Shrine is a Private Activity

A Japanese court ruled Japanese Prime Minister Junichiro Koizumi’s visits to the Yasukuni Shrine as a private activity and dismissed the plaintiff’s claim for damages.

This ruling runs counter to the Fukuoka district court’s decision last month which stated Prime Minister Koizumi’s shrine worshipping as unconstitutional, as Japanese courts’ decision on the issue of shrine worshipping varies.

On May 13, regarding the claim of 236 individuals including the Taiwanese war bereaved and members of the Parliament (members of the Diet) suffering from psychological pain caused by Prime Minister Koizumi’s visit to the Yasukuni Shrine, the Osaka district court dismissed the plaintiff’s claim to reward 10,000 yen per person in damages, stating, “His visits can not be viewed as an act by a prime minister, a state organ.”

There have been seven lawsuits involving Prime Minister Koizumi’s visits to the Yasukuni Shrine throughout Japan; however this was the first time for a court to rule his visits as “a private activity.”

On the issues of Prime Minister Koizumi using the official vehicle for his visits to the Yasukuni Shrine and taking the Secretary General along, the panel of judges accepted the Japanese government’s claim that “it was for emergency and security purposes.” In addition, concerning his entry of “Prime Minister of the Cabinet” in the visitor’s log and presenting the offering flower under his official title of Prime Minister, they ruled, “There are occasions in the private domain of clarifying one’s official title to display social influence and presence.”

However, on the issue of breaching the Constitution by visiting the Shrine, the panel of judges remained reserved while giving the statement, “It is difficult to view the Prime Minister’s shrine worshipping as bringing disadvantages to the plaintiffs.”

Won-Jae Park parkwj@donga.com