Regarding the issue of the former Unification Church, in order to exercise the "right to ask questions" based on the Religious Corporation Law, the government will hold a meeting of experts from the 25th and start considering criteria for exercising.
Prime Minister Kishida this month exercised his right to ask questions to Minister of Education, Culture, Sports, Science and Technology Nagaoka regarding the issue of large donations to the former Unification Church and the issue of so-called "inspirational marketing," based on the recommendations of the expert panel of the Consumer Affairs Agency. instructed to conduct an investigation by
In exercising, the government will hold the first expert meeting on the 25th, saying that basic ideas and standards are necessary.
"Right to question" is a right to ask a report or ask a question about the actual state of management of the Ministry of Education, Culture, Sports, Science and Technology, etc., when there is a suspicion that a religious corporation is subject to a dissolution order, but it is actually exercised. There are no examples.
Expert meetings are expected to be held several times, including on the 25th, and are expected to discuss the conditions and scope for exercising the "right to ask questions" by executives of religious organizations and university professors.
Based on the discussions at the expert panel, the Ministry of Education, Culture, Sports, Science and Technology conducted an investigation into the former Unification Church within the year by exercising the "right to ask questions" based on the Religious Corporations Act, and grasped the facts that could fall under the dissolution order. In that case, we plan to promptly consider filing a claim with the court.
Former Unification Church ``Responds sincerely when questions actually come''
Regarding the exercise of the "right to ask questions" stipulated in the Religious Corporation Law, Hideyuki Teshigahara, head of the Church Reform Promotion Headquarters of the "Family Federation for World Peace and Unification" former Unification Church, said at a press conference held on the 20th of this month, However, when they actually come to us, we will respond in good faith.Regardless of exercising the right to ask questions, I would like to solemnly continue to advance the 'church reform' that I have already declared." increase.
An expert familiar with the Religious Corporation Law ``I expect a calm discussion''
Professor Hajime Tajika of Kinki University, who is familiar with the Religious Corporation Law, commented on the expert meeting to be held from the 25th, ``It started as a political issue and was pushed by politics and public opinion, but the exercise of the 'right to ask questions' There is no precedent, and there is a possibility that it will affect other religious corporations in the future.I hope that there will be a calm discussion about the correct interpretation and operation of the Religious Corporations Law."
Regarding the exercise of the "right to ask questions," Professor Tajika stated that, in principle, the subject would be matters related to the management and funds of the corporation. It is necessary to organize the way of thinking about whether it is possible to ask questions that go as far as religious issues when illegal activities become a problem, or in what form they can be asked.” pointed out.
On the other hand, the "right to question" does not have the strong authority of a police investigation, and cannot be compelled to submit books, etc. It's not easy to prove," he said.
Regarding the impact of a "dissolution order" being issued, he said, "Even if the legal personality is revoked, it will be possible to continue its activities, but it will no longer be possible to own religious facilities as before. In addition to the need to file a tax return, the tax authorities will be able to grasp the flow of funds.
Constitutional law expert: “Legal standards should be flexible in response to changes in the times and society”
Professor Minaminomori of Kyushu University, who specializes in constitutional law, commented on the exercise of the right to ask questions, which is the subject of discussions at expert meetings, and said, "I would like to ask the former Unification Church to explain whether the content received by the government's consultation desk is true. However, since the prosecution does not have the power to enforce investigations, I think it will be difficult to come up with new facts that can prove the maliciousness, organization, and continuity of the investigation."
Regarding the government's response to religious corporations so far, Professor Minamino said, ``I feel that there is a sense of reluctance to take a tough stance against religious corporations, which is designed based on the belief that religious corporations are not suspected of being good. Religious freedom should also be restricted if it conflicts with the rights of others, and it does not mean that you can do whatever you want."
In addition, regarding the request for a dissolution order based on the Religious Corporations Act, he said, "It is a matter that requires a very good balance, but it does not directly constrain religious freedom. Legal standards should be considered flexibly according to the times and social changes. It should be, and there is no need to be bound by the standards of only two cases in the past.It is a matter that requires political judgment, and the question is how the Kishida Cabinet will judge the actual situation of damage."
Background of the judgment and future focus
[Background and background]
The former Unification Church was once again highlighted by the shooting incident of former Prime Minister Abe in July this year.
Lawyers working to help victims of large-scale donations began to call on the government to request the court to order the dissolution of the church. has taken a cautious position.
During this time, however, the approval rating of the Kishida Cabinet has fallen against the backdrop of this issue and the state funeral of former Prime Minister Abe.
Opposition parties have stepped up their pursuit, demanding the dismissal of Minister of State for Economic Revitalization Yamagiwa, whose relationship with the church was revealed.
Under these circumstances, Prime Minister Kishida announced on the 17th of this month, the first day of the House of Representatives Budget Committee, that he would exercise his "right to ask questions" based on the Religious Corporation Law.
He decided to respond with a view to ordering the dissolution of the church.
It seems that the church aimed to change the situation by clarifying its position to take a rigorous response before being pursued by the opposition party.
[Future focus] The
government plans to conduct an investigation by exercising the "right to ask questions" within the year.
On the other hand, Prime Minister Kishida stated on the 18th of this month that the requirements for requesting a dissolution order "do not include unlawful acts under the Civil Code," but the following day, after being pointed out by the opposition party, he changed his mind and said, In addition to being criticized by each party as "breaking the morning and evening", there is also a reception that "the hurdles for dissolution orders have been lowered."
The government has a policy of accumulating objective facts through investigations, and has indicated that it is possible to make a claim if sufficient grounds are available even in the middle stage.
On the other hand, the opposition parties are saying, ``The facts have already accumulated, and we should request an immediate dissolution order,'' and the biggest focus will be on when and what kind of conclusion the government will make.
Q&A about "the right to ask questions"
We will answer questions about the "right to ask questions" in the Religious Corporation Law.
Q.
What will be discussed at the Expert Meeting?
A.
Basic ideas and standards for exercising the right to ask questions will be discussed.
The Religious Corporation Law stipulates that the government must not restrict religious activities such as missionary activities from the viewpoint of protecting freedom of religion.
Based on these premises, it is expected that there will be discussions about when and to what extent questions can be asked.
In addition, Prime Minister Kishida indicated the idea that ``tortious acts in civil courts can be included as a requirement for requesting a dissolution order.''
However, until now, only cases where a representative of a religious corporation was charged with a criminal case were orders for dissolution issued.
There is also the possibility that the interpretation of these laws will be debated.
Q.
What
is the procedure from the expert meeting to requesting a dissolution order
?
The Religious Corporations Council has 19 members, including executives of religious organizations and university professors, and it is expected that the members will also form an expert panel.
After receiving the council's opinion, the government will exercise the right to ask questions, and if permission is obtained from the religious corporation, it will conduct on-site inspections.
As a result, if "acts that are clearly recognized as violating laws and ordinances and significantly harming public welfare" are found, a request for a dissolution order will be made.
The government says it may make a request even in the middle of the investigation.
The court will decide whether or not to issue a dissolution order.
Q.
When exercising the right to ask questions, what specific questions will be
asked
? And questions related to financial troubles, which have been received in more than 1700 phone consultations by the government so far.
It is believed that the purpose of the questions is to confirm information to determine whether to request a dissolution order and to obtain objective materials.
Q.
Why are the procedures so complicated?
A.
It is to protect the freedom of religion guaranteed by the Constitution.
By strictly stipulating the procedures for administrative agencies to intervene in religious corporations, the "right to ask questions" is not abused.
Q.Are
there actually going to be dissolution orders in the current situation?
A.There
are various opinions among experts.
I heard the opinions of two people who are familiar with religious law and the constitution.
Professor Hajime Tajika of Kinki University, who is familiar with the Religious Corporation Law, said, ``It started as a political issue and was pushed by politics and public opinion. There is a risk that problems will arise in relation to the "freedom of religion" guaranteed by the government, and it is by no means easy to prove that malicious acts are being systematically or continued even now. I look forward to a calm discussion on the correct interpretation and operation of the Corporation Law."
Minaminomori, a professor at Kyushu University who specializes in constitutional law, said, "It's a case that requires a very good balance, but ordering the dissolution of the Religious Corporations Act does not directly constrain freedom of religion. It is a matter that requires political judgment, and the question is how the Kishida Cabinet will judge the actual situation of damage."
Q.
What will happen if a dissolution order is issued?
A.
Religious activities are not prohibited, but religious corporations will be dissolved, and preferential treatment such as exemption from property tax will not be available, and property will be disposed of. I have to.
Regarding the exercise of the right to ask questions for the first time, an important focus will be on how far we can intervene in religious corporations while protecting religious freedom, and this will affect other religious corporations.
Calm and wide-ranging discussions will be required at the expert meeting to be held from the 25th to set the standards.