CH3CHO comments

Posted in: Japan slams WTO ruling on South Korean Fukushima food ban See in context

Samit BasuToday  07:48 am JST

Abe san should be ashamed in trying to export Fukushima seafood and produce

The issue is seafood from other parts of Japan than Fukushima.

papigiulioToday  08:54 am JST

You start to wonder if the produce we buy here in Japan is labelled correctly

Go prove it. But you cannot ban products based on some wild "mislabel" speculation.

Mike DashlerToday  02:07 pm JST

In free societies, isn't it the right of any consumer to decide where they purchase from? 

Exactly, that is why SK Government should not ban import.

goldeneagleToday  01:10 pm JST

I don’t understand why Japan is making fuss about it.

The initial panel gave Japan a favorable ruling. That means Japan did have a strong argument.

What I know about the previous ruling was that SK government failed to show radioactive contamination of Japanese seafood, and they lost the initial ruling. I do not know if they could show, this time, the contamination or if their argument was based only on "fear" of contamination as the article suggests.

Fearing radioactive contamination, Seoul imposed a partial ban on seafood imports

2 ( +5 / -3 )

Posted in: Japan voices clear support for Venezuela opposition leader Guaido See in context

We express our clear support for interim President Guaido

If the reason is the lack of legitimacy of election, Japan should support neither of the two presidents.

It is their problem. Foreign powers should not get involved.

2 ( +6 / -4 )

Posted in: Japan protests over S Korean lawmaker's remarks on emperor See in context

Bill AdamsToday 01:31 am JST

This guy is not, as far as I can see, a member of the SK government, 

He is the Speaker of the House, that is the head of the legislative branch of South Korean Government.

7 ( +7 / -0 )

Posted in: Hearing ends in retrial of man over 1985 murder, acquittal expected See in context

macvToday 06:41 am JST

bet he'll not get one yen compensation this is japan

You lose. He gets compensation.

sir_bentley28Today 08:32 am JST

u_s__reamerToday 08:50 am JST

You see why fake news is a serious problem.

-1 ( +0 / -1 )

Posted in: Ghosn ready to repay cost of Versailles wedding: lawyer See in context

I do not think it is a "crime".

Nissan paid money for the repairwork of Versailles. The repair was actually done. Versailles let Nissan use the place for free to show gratitude. No crime.

The waived bill could amount to the misuse of company resources, as well as tax evasion, if the benefit-in-kind was not declared to French authorities.

I doubt. Evaluating intangible gratitude in terms of money is no business of tax office.

-4 ( +2 / -6 )

Posted in: Japan warns of tit-for-tat action in wartime labor spat with S Korea See in context

SJToday 07:38 pm JST

you have better provide external sources supporting your claims,

Speaking of external sources, here is a US court ruling on world war II era Japanese forced labor litigation, in which the court turned down the plaintiff's claims against Japanese firms. It is a good read.

https://www2.gwu.edu/~memory/data/judicial/POWs_and_Forced_Labor_US/ClassAction/Sept212000Decision.pdf

10 ( +12 / -2 )

Posted in: Japan warns of tit-for-tat action in wartime labor spat with S Korea See in context

SJToday 07:38 pm JST

It is amazing that in Japan any layman can so easily criticize evaluating statements of experts.

What is the qualification of a lawyer? Someone who can argue either way based on who pays him.

Yes, I can see a lot of names of lawyers in the letter you quoted. It looks more like a receipt than a research paper.

8 ( +9 / -1 )

Posted in: Lavrov asks why Japan only country in world that can't accept results of World War II See in context

Atlantic Charter(1941)

First, their countries (the Allies) seek no aggrandizement, territorial or other;

Second, they desire to see no territorial changes that do not accord with the freely expressed wishes of the peoples concerned;

Cairo Declaration(1943)

The Three Great Allies are fighting this war to restrain and punish the aggression of Japan. They covet no gain for themselves and have no thought of territorial expansion.

Potsdam Declaration(1945)

(8) The terms of the Cairo Declaration shall be carried out and Japanese sovereignty shall be limited to the islands of Honshu, Hokkaido, Kyushu, Shikoku and such minor islands as we determine.

These were the guiding principles of WW2. Since the Allies had "no thought of territorial expansion", the Soviet Union or Russia cannot gain any new territory as a result of WW2. So, the islands in question belong to Japan.

4 ( +8 / -4 )

Posted in: Prosecutors have Ghosn email undermining claim of innocence: sources See in context

I hope Mr. Khaled Al-Juffali cut down all business relations with Nissan and show what consequence they face if they discredit their business partners in the Middle East.

0 ( +2 / -2 )

Posted in: High schools in 2 prefectures stop asking students to specify their gender on application forms See in context

I am not so sure if it is good.

Most public high schools in Japan have co-education policy and keep the boy-girl ratio around 50-50. So, the cut off test score for entrance exam differs depending on the sex of the applicant. By changing the application form, the co-education policy cannot be maintained.

-1 ( +2 / -3 )

Posted in: Japan to seek talks with S Korea over Nippon Steel court decision See in context

Samit BasuToday 08:22 am JST

No where in the 1965 treaty says any claim before 1965 is settled. Read the treaty text.

I have shown you in the other thread, haven't I?

https://treaties.un.org/doc/Publication/UNTS/Volume%20583/volume-583-I-8473-English.pdf

Article 2

The Contracting Parties confirm that [the] problem concerning property, rights and interests of the two Contracting Parties and their nationals (including juridical persons) and concerning claims between the Contracting Parties and their nationals, including those provided for in Article IV, paragraph (a) of the Treaty of Peace with Japan signed at the city of San Francisco on September 8, 1951, is settled completely and finally

Subject to the provisions of paragraph 2, no contention shall be made with respect to the measures on property, rights and interests of either Contracting Party and its nationals which are within the jurisdiction of the other Contracting Party on the date of the signing of the present Agreement, or with respect to any claims of either Contracting Party and its nationals against the other Contracting Party and its nationals arising from the causes which occurred on or before the said date.

You see the word "claims" twice in the article 2.

By the way, RoK is not a successor of the Korean Empire, not even the southern half of it. It was built by denying the Korean Empire and the Emperor. If 1910 treaty was invalid from the beginning, the Korean Empire would still be the legitimate government of Korea. Tell me when the Republic of Korea was given power from the Korean Emperor?

4 ( +4 / -0 )

Posted in: Japan to seek talks with S Korea over Nippon Steel court decision See in context

If the 1910 treaty was ruled illegal by the ICJ, then Japan is now exposed to far more damages claims than it currently is.

The 1910 treaty was between Japan and the Korean Empire, which does not exist any more. The 1965 treaty is between Japan and Republic of Korea, which is a different entity from the Korean Empire. The fate of 1910 treaty has nothing to do with present day Korea. Do you think that the Korean Empire should be brought back to existence as a result of invalidating the 1910 treaty? In addition, according to the constitution of the Korean Empire, any asset of the Empire belongs to the Korean Emperor. So, if the compensation for anything were to be awarded, it goes to the Emperor who does not exist and whose heirs do not exist any more, because Korean Presidents after the end of WW2 persecuted the former Royals.

The 1965 treaty says that any claim before 1965 is settled, therefore any claim due to 1910 treaty is also settled by the payments of the 1965 treaty.

5 ( +7 / -2 )

Posted in: Japan to seek talks with S Korea over Nippon Steel court decision See in context

Alex EinzJan. 9 09:38 pm JST

why jp gov is involved in private matter?

Because the case is hardly a private matter. Back in 1938, Japanese Parliament enacted National Mobilization Act which allowed the Government to draft its citizens to work in factories that were essential for the war efforts to cover the labor shortages due to the Second Sino Japanese War. The factories were also ordered to produce certain amount of materials for the war. Today, the Korean plaintiffs call the draft "slave labor" whereas the Japanese government calls it citizens' duty. The factories were sued by the Koreans, but the factories themselves did not have much choice at that time. In reality, the laborers worked for the military rather than the factories. So, the Japanese government is involved in this case.

6 ( +8 / -2 )

Posted in: Abe orders steps against S Korean seizure of Nippon Steel assets See in context

Article II

*The Contracting Parties confirm that [the] problem concerning property, rights and interests of the two Contracting Parties and their nationals (including juridical persons) and concerning claims between the Contracting Parties and their nationals, including those provided for in Article IV, paragraph (a) of the Treaty of Peace with Japan signed at the city of San Francisco on September 8, 1951, is settled completely and finally.*

The provisions of the present Article shall not affect the following

You see the word "claims", which covers claims for damages.

2 ( +2 / -0 )

Posted in: Abe orders steps against S Korean seizure of Nippon Steel assets See in context

Samit BasuJan. 7 03:50 pm JST

The 1965 treaty only covered back wages and assets.

Read the treaty. Where in it does it say that it only covers "back wages and assets"? It clearly says that any claim is settled. Samit, this fact was shown to you several times already in this site.

Now, I have to ask you a serious question. Why do you keep telling falsehood? I see the same problem here as a fake news destroys free and democratic society.

11 ( +11 / -0 )

Posted in: Abe orders steps against S Korean seizure of Nippon Steel assets See in context

Samit BasuToday 02:41 pm JST

This is why the country with a trade surplus never starts a trade war.

No. What we see today is that Japanese assets in South Korea are no longer legally safe. So, what we will see soon is wholesale divestiture and capital flight from South Korea by Japanese investors.

The compensation payments were paid in 1965 which was accepted by South Korean government. If Korean courts arbitrarily award additional compensations to its citizens, there will be no end. So, divestiture from South Korea is the rational reaction.

12 ( +15 / -3 )

Posted in: Abe orders steps against S Korean seizure of Nippon Steel assets See in context

According to the Korea Japan agreement in 1965 in question,

Article III

1 Any dispute between the High Contracting Parties concerning the interpretation or the implementation of this Agreement shall be settled primarily through diplomatic channels.

2 Any dispute which cannot be settled under the provision of paragraph 1 above shall be submitted for decision to an arbitral commission of three arbitrators;

https://en.wikisource.org/wiki/Agreement_Between_Japan_and_the_Republic_of_Korea_Concerning_the_Settlement_of_Problems_in_Regard_to_Property_and_Claims_and_Economic_Cooperation

so an international arbitration including an arbitration by ICJ is called for.

18 ( +22 / -4 )

Posted in: Dual nationals feel cast adrift in Japan See in context

According to the letter of the law, anyone who has not chosen either way within the period prescribed is required to make a decision within a month or they are stripped of their nationality.

This is not quite true.

Read Japanese nationality law.

http://www.japaneselawtranslation.go.jp/law/detail/?ft=1&re=2&dn=1&x=0&y=0&co=01&ia=03&ky=%E5%9B%BD%E7%B1%8D%E6%B3%95&page=1

Read Article 14, 15 and 16.

One has to choose one nationality at the age of 22, but there is no penalty for delaying or not choosing. Even if one does not choose, they cannot invalidate Japanese nationality. They just give periodical notice to choose one as soon as possible. If one chooses Japanese nationality, all one has to do is this;

Article 16. A Japanese citizen who makes the selection declaration shall endeavor to renounce his/her foreign nationality.

Yes, "endeavor".

The only automatic loss of Japanese nationality is written in article 11.

Article 11 (1) If a Japanese citizen acquires the nationality of a foreign country at his/her choice, he/she loses Japanese nationality.

So, born Japanese dual citizens do not really worry about losing citizenship.

0 ( +2 / -2 )

Posted in: Ghosn allegedly used Nissan fund in dealing with personal investment See in context

I mean statute of limitation.

0 ( +0 / -0 )

Posted in: Ghosn allegedly used Nissan fund in dealing with personal investment See in context

Statue of limitation for CEO's fraud against his company is 7 years. It is 2018 now. An alleged fraud in 2008 is not usually allowed to be prosecuted. The exception is that the clock does not move while the alleged perpetrator is out of Japanese territory. So, if Ghosn stayed in Japan for more than 7 years in the last 10 years, the allegation is acquitted without going into formal court procedure.

0 ( +0 / -0 )

Posted in: S Korean destroyer directs fire-control radar at MSDF plane See in context

In Korean culture, making excuses is commended, whereas apologizing is sinful. If a person makes excuses, that means he is still trying to be a friend of the victim. If he admits guilt and apologizes, that means is he is no longer a friend of the victim and so he is a betrayer.

So, how ridiculous it may sound, South Korean government will continue making excuses on this incident.

2 ( +3 / -1 )

Posted in: S Korea may freeze Japanese firm's assets if it doesn't negotiate over forced laborers See in context

Samit BasuToday 09:07 am JST

Because damages weren't covered by the 1965 Treaty

I think you are the only one who says so. The treaty uses the word "claim". It includes compensation for damages. Any right to receive money is a claim, whether the right comes from legal acts or illegal damages.

The treaty says, "no claims shall be made". Everything was settled with the Japanese payment in 1965.

We should also look at the dispute resolution clause of the treaty.

Article III

1 Any dispute between the High Contracting Parties concerning the interpretation or the implementation of this Agreement shall be settled primarily through diplomatic channels.

2 Any dispute which cannot be settled under the provision of paragraph 1 above shall be submitted for decision to an arbitral commission of three arbitrators

Because of this clause in the treaty, Supreme Court of South Korea does not have the final say in the interpretation of the treaty. "Any dispute" must be brought to an international arbitration, if it cannot be settled diplomatically.

11 ( +11 / -0 )

Posted in: S Korea's top court orders 2nd Japanese company to compensate forced laborers See in context

KabukiloverDec. 4  11:23 am JST

The link is very relevant. The "allegation" against the former Supreme Court Justices was that they delayed the judgement of this very case of Korean former conscripted workers.

1 ( +1 / -0 )

Posted in: Ghosn's legal woes highlight governance failings in Japan See in context

Nissan veteran Hiroto Saikawa, who took over from Ghosn as the automaker's chief executive last year, has harshly criticized his former boss and vowed to instill greater transparency and accountability at Nissan.

Saikawa, you belong to jail.

You had to immediately disclose to the shareholders the fact that there were irregularities in the financial statements by the Tokyo Stock Exchange regulations when you came to know the whistle blowing, which you did not.

You filed confirmation letter to the Financial Services Agency on November 12, 2018 just one week before Ghosn's arrest that there is no irregularity in Nissan's financial statements, which is nothing but a lie and a crime.

You still have not filed "revised" financial statements, which you should have done by now if, indeed, Ghosn made false financial statements.

Renault should demand Nissan's extraordinary shareholders' meeting as soon as possible to replace Nissan's corrupt directors. Otherwise, Nissan may buy Renault's shares and invalidates Renault's Nissan shares, as Japanese law says that if a company holds more than 25% of shares of its shareholder, the shareholder's shares in the company loses voting rights.

11 ( +11 / -0 )

Posted in: S Korea's top court orders 2nd Japanese company to compensate forced laborers See in context

Now, Moon administration of South Korea is arresting the former Supreme Court Judges who were un-sympathetic to the Korean conscripted workers.

Korea Joomg Ang Daily December 4, 2018

The prosecution’s revelation about the raid, which emerged on the same day that they filed for the arrests of two former Supreme Court Justices, signals that investigators are ramping up their probe into the power abuse scandal. The prosecution is reportedly planning to summon the prime suspect in the case, former Chief Justice Yang, in the next few days. 

http://koreajoongangdaily.joins.com/news/article/article.aspx?aid=3056423

5 ( +5 / -0 )

Posted in: Wartime labor rulings cast dark clouds on Japan-S Korea ties See in context

Here is a document made in 1965 that lists what is included, but is not limited to, in the payment made in accordance with the 1965 agreement.

http://www.f8.wx301.smilestart.ne.jp/nihonkokai/zaimusyo/zaimusyo-2/139.pdf

要綱5 被徴用韓人未収金、補償金及びその他の請求権

Point 5. Unreceived money, compensation and other claims of conscripted Korean workers.

The document is referred to in the letter of understanding signed by Foreign Ministers of Korea and Japan on June 22, 1965.

Without any doubt, the money was paid in 1965.

12 ( +15 / -3 )

Posted in: Wartime labor rulings cast dark clouds on Japan-S Korea ties See in context

The money was paid in 1965. Why does Japanese government or Japanese firms need to pay the second time?

Agreement Between Japan and the Republic of Korea Concerning the Settlement of Problems in Regard to Property and Claims and Economic Cooperation (1965)

Article II

3 As a condition to comply with the provisions of paragraph 2 above, no claims shall be made with respect to the measures relating to the property, rights, and interests of either High Contracting Party and its people which were brought under the control of the other High Contracting Party on the date of the signing of the present Agreement, or to all the claims of either High Contracting Party and its people arising from the causes which occurred prior to that date.

The compensation for the damages caused by legal or illegal acts before 1965 was all settled by the payment in 1965.

12 ( +16 / -4 )

Posted in: Japanese prosecutors say they will detain Ghosn as long as needed See in context

michaelqtoddDec. 2 10:34 pm JST

I went to 2 very short meetings with judges and a police prosecutor both were conducted in quite formal Japanese and I was not allowed to have a lawyer present.

But the law says that a lawyer is allowed at the judge's hearing.

Simon FostonToday 12:09 am JST

It's odd, then, 

Yes, it is odd. One is contradicting the other. Which to believe?

-1 ( +0 / -1 )

Posted in: Japanese prosecutors say they will detain Ghosn as long as needed See in context

Do I need to disprove even the obvious and the wildest misinformation?

Anyone can tell by reading the law.

http://www.japaneselawtranslation.go.jp/law/detail/?re=01&dn=1&x=0&y=0&co=1&ia=03&yo=&gn=&sy=&ht=&no=&bu=&ta=&ky=%E5%88%91%E4%BA%8B%E8%A8%B4%E8%A8%9F%E6%B3%95&page=6

Read article 199 of law of criminal procedure of Japan. It says arrest must be based on an arrest warrant issued by a judge.

Also read article 200. It says that the "charged offence" must be written on the arrest warrant. Then article 201, which says that the arrest warrant must be shown to the suspect when he is arrested.

Isn't it obvious?

-1 ( +0 / -1 )

Posted in: Japanese prosecutors say they will detain Ghosn as long as needed See in context

Simon FostonToday  01:52 pm JST

In Japan, police do not have the power to arrest a suspect on their own. They have to provide enough proof of the crime to a judge for issuance of an arrest warrant, with which they can arrest the suspect. The allegation is disclosed to the arrested person. He or his lawyer can challenge the arrest warrant in court. If the appeal is successful, he is released.

The arrest warrant is valid for 72 hours. The police have to send the suspect to the prosecutors office within the first 48 hours. To further detain the suspect, the prosecutor has to petition a judge for a detention warrant. The warrant is granted only if the prosecutor provide enough evidence of crime that justify further detention. The defense lawyer or the suspect can challenge the detention warrant in court.

The detention warrant is valid for 10 days. The prosecutor can petition a judge for 10 day extension of the detention. The defense team can challenge the extension in court. The extension is possible only once. To continue the detention, the prosecutor has to "kiso" (indict) the person. The court may decide to detain the accused until the trial begins or may release the accused on bail until the trial.

Now, with vaguely defined "charge", when was the suspect charged?

-1 ( +0 / -1 )

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