[Bengai.com, Inc.] Survey of lawyers regarding “trials to focus on in 2023” – Judgments related to LGBT will be in the spotlight in 2023 –
*View in browser* *Bengoshi.com Co., Ltd.*
Press release: December 27, 2023
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Survey of lawyers regarding “trials to pay attention to in 2023” ~In 2023, attention will be focused on judgments related to LGBT~ I think 2023 will be a year in which the response to the coronavirus has changed significantly, and various movements have taken place both domestically and around the world. Under these circumstances, Bengoi.com Co., Ltd. (Minato-ku, Tokyo, President and Representative Director)
(CEO Taichiro Motoei) conducted a survey of 294 registered attorneys at Bengo.com(R) regarding “trials to watch in 2023.”
* ■ Research overview *
Research institution: In-house research (targeting lawyers registered on Bengo4.com)
Survey method: Web survey conducted among registered lawyers on Bengo.com Survey target: 294 registered lawyers on Bengo4.com who responded. Survey period: December 19th to December 25th, 2023
* [Summary of survey results] *
* 1st place* * Unconstitutional decision regarding gender identity disorder/gender reassignment surgery requirements (66.7%)*
* 2nd place* * Judgment that made it illegal to restrict toilet use to transgender Ministry of Economy, Trade and Industry employees (63.6%)* * 3rd place* * Decision to approve the start of a retrial in the second retrial request case of the Hakamada case (47.3%)*
* [Detailed results] *
*3 votes per person.
* ■Explanation of the ranking of notable trials in 2023 selected by lawyers* As a result, “Decision on the unconstitutionality of surgical requirements for gender identity disorder and gender reassignment (Supreme Court en banc on October 25th)” came in first place (66.7%). Under the Gender Identity Disorder Special Cases Act, in order for a transgender person to change their gender on their family register, they must meet the requirements for sterility and require surgery. The Supreme Court ruled that this provision was unconstitutional by a full bench of 15 judges. We received many comments from lawyers who praised the decision, calling it a “decision that reflects the trends of the times.” Typical comments are as follows. “This is a rare avant-garde Supreme Court decision that precedes national debate.” “The entire Supreme Court overturned what the first and second courts had found to be constitutional.This is a move a little ahead of the times and fulfilled the judicial responsibility of respecting human rights.” We are evaluating it. We would also like to evaluate each opinion that goes into other requirements.”
The ruling (July 11, Supreme Court Third Petty Bench) that made it illegal to restrict the use of toilets to transgender Ministry of Economy, Trade and Industry employees ranked second (63.6%). The plaintiff was working as a woman, but because she was registered as a man, she was subject to restrictions such as being told to use the restroom on a floor two or more floors away from the floor where she worked. The Supreme Court ruled that this treatment was
“significantly unreasonable, placing excessive emphasis on
considerations for other employees without taking into account the specific circumstances, and unfairly downplaying the plaintiff’s disadvantage.” , determined to be illegal. Many lawyers commented that it was a “trend of the times.” Also, since it is a labor issue, many lawyers seem to be paying attention to this case as a case law that is more closely related to legal work than gender change. In third place (47.3%) was the decision (March 13, Tokyo High Court) approving the start of a retrial in the second retrial request case for the Hakamada case. Iwao Hakamada, who was sentenced to death for the 1966 Hakamada Incident in which a family of four was murdered in Shizuoka Prefecture, has requested a new trial (retrial), claiming that he was wrongly accused. Regarding the second request for retrial filed in 2008, the Shizuoka District Court issued a decision to start a retrial in March 2014, but the prosecution filed an appeal (immediate appeal), and the Tokyo High Court decided to start a retrial in June 2018. has been canceled.
The defense filed an appeal (special appeal), and in December 2020, the Supreme Court reversed the high court’s decision and ordered the case to be remanded. The decision issued by the Tokyo High Court in March 2023 upheld the 2014 Shizuoka District Court decision and dismissed the prosecutor’s immediate appeal. Hakamada’s retrial hearing has begun. We received many compliments from lawyers, saying that “years of hard work paid off.”
* ■About Bengo.com News*: https://www.bengo4.com/topics/
Bengo4.com’s news media is based on the philosophy of “bringing experts closer to you.” We continue to report on current events and the aftermath of incidents from a unique perspective centered on the law. Our main features are interviews by writers with knowledge of the judiciary and administration, and collaboration with experts, mainly lawyers.
* ◆About Bengo4.com Co., Ltd.*: https://www.bengo4.com/corporate/ Head Office: Kurosaki Building, 4-1-4 Roppongi, Minato-ku, Tokyo Establishment date: July 4, 2005
Capital: 460 million yen (as of the end of September 2023)
Representative: Taichiro Motoei, Representative Director, President and CEO Listing market: Tokyo Stock Exchange Growth Market
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