The Supreme Court decided to dismiss the appeal in a trial in which an incumbent SDF officer complained that the security-related law that allowed the exercise of collective self-defense rights violated Article 9 of the Constitution and was not obliged to comply with the dispatch order. , The SDF's defeat has been confirmed.
Regarding the fact that the security-related law enacted in 2015 stipulates that armed forces can be used by the right of collective self-defense, the incumbent Ground Self-Defense Force officer is dispatched to the national government for violating Article 9 of the Constitution. He complained that he was not obliged to obey the order.
In February, the Tokyo High Court said, "It is not recognized that there is a clear risk that Japan's existence will be threatened, and there is no realistic possibility that the SDF personnel who filed the proceedings will be ordered to dispatch. There is no possibility that SDF personnel will be disciplined for not complying with the order, "he dismissed the proceedings.
The Self-Defense Forces officials had appealed this, but Koichi Kusano, the judge of the Second Small Court of the Supreme Court, decided to dismiss by the 11th, and the SDF's defeat was confirmed.
The proceedings only made a judgment as to whether the proceedings were legal and did not make a judgment as to whether security-related laws were unconstitutional.