On the 22nd, the Ministry of Education, Culture, Sports, Science and Technology announced that it had exercised its "right to ask questions" based on the Religious Corporation Law by sending documents to the former Unification Church requesting a report on the organization's management, income and expenditure, and property by December 9. did.
This is the first time that the "right to ask questions" has been exercised since this provision was made in 1996.
In response to the report by the Religious Corporations Council on the 21st that it was "appropriate" to exercise the "right to question" the former Unification Church, Minister of Education, Culture, Sports, Science and Technology Nagaoka said on the 22nd, "To the former Unification Church, today, We will issue a notice,” he said.
After that, the staff in charge sent documents to the former Unification Church and announced that they had exercised their "right to ask questions" under the Religious Corporation Law.
According to the Ministry of Education, Culture, Sports, Science and Technology, the former Unification Church was asked to submit documents and books related to organizational management, income and expenditure, and assets by December 9.
What is the right to ask questions?
"Right to ask questions" is a system that allows religious corporations to report on the actual state of their operations and ask questions if they are suspected of violating laws and regulations. Enforced.
This is the first time that the "right to ask questions" has been exercised since this provision was made.
The Ministry of Education, Culture, Sports, Science and Technology is preparing to exercise its ``right to question'' on the grounds that there are 22 civil court judgments that acknowledge the illegal acts of the former Unification Church and its followers, and that the amount of compensation will be at least 1.4 billion yen. I have progressed.
In the future, after receiving reports from the former Unification Church, we will consider filing a request with the court if we find out facts that may fall under a dissolution order, such as "acts that are clearly recognized as violating laws and ordinances and significantly harming public welfare." I am going to
Subject to exercise
There are cases where people who belong to religious corporations repeatedly violate the law, and cases where the damage is serious.
Judgment on whether to actually exercise the "right to ask" is based on "objective grounds".
It is based on the judgment of public institutions and information sent to public institutions along with specific materials.
As a result of questioning, legal violations are confirmed, and if it is determined that "the public welfare is significantly harmed", the court can apply for a dissolution order, and the court will decide whether to issue an order.
Why do we need standards?
An expert explains the point
Regarding the issue of the former Unification Church, the criteria for exercising the "right to question" based on the Religious Corporation Law were decided on the 8th of this month.
We interviewed Professor Hajime Tajika of Kinki University, who is familiar with the Religious Corporations Law, to find out why the standards are necessary and where the key points are.
Q.
Why did you start by creating standards?
A. Because
the "right to ask" has never been used before.
The system of "the right to ask questions" was newly established after the Aum Shinrikyo subway sarin attack in 1995, but it has not been used until now, 27 years later.
Since this is the first instance of exercising the ``right to ask questions'' against the former Unification Church, we decided to organize our thoughts on ``under what circumstances can the right to ask questions be exercised in the first place?'' I think it happened.
Q.
What are the points to pay attention to in the fixed criteria?
A.
About the grounds for judgment.
The expert panel cited the following cases as grounds for judging whether there is a suspicion of falling under the grounds for dissolution stipulated by the Religious Corporation Law.
(1) Judgment by a public institution that recognizes the violation of laws and regulations by a person belonging to a religious corporation or the legal responsibility of the corporation
(2) Information received by a public institution that has specific materials and grounds
(1) Some "legal liability" probably means civil law torts.
(2) means that the right to question can be exercised even before the illegal act of a religious corporation becomes a criminal or civil trial.
It can be said that the scope of the exercise of the right to ask questions has become much wider than before under the new standards.
Q.
Does that mean it's easier to request a dissolution order?
A.
The hurdles for exercising the right to ask questions may have been lowered.
However, the right to question and the request for a dissolution order must be considered separately.
When requesting a dissolution order, it is necessary to prove that the requirements have been met, such as "violating the law and committing an act that is clearly recognized as significantly harming public welfare."
Even though the hurdles for the entrance have been lowered, I don't think the hurdles for the final part have changed.
Q.What
is your future focus?
A.
Based on this standard, it means what kind of operation is done.
While it is important to conduct investigations to ensure that religious corporations are properly managed, administrative organs must not abuse religious freedom by recklessly exercising their authority.
That balance is important.
Now that new standards have been established, I believe that administrative agencies with jurisdiction should make decisions as a matter of law without being influenced by politics.
Exercise of the “right to ask questions” Expected movement in the future
We have summarized the expected future movements in exercising the "right to ask".
Q.
What happens after I ask a question?
A.If
the Ministry of Education, Culture, Sports, Science and Technology finds out facts that may be applicable to a dissolution order, it will consider requesting a dissolution order to the district court even in the middle of the investigation.
If requested, the district court will hear opinions from the Ministry of Education, Culture, Sports, Science and Technology and the former Unification Church, and then decide whether to issue a dissolution order.
If the Ministry of Education, Culture, Sports, Science and Technology and the former Unification Church are dissatisfied with the judgment of the court, they can appeal to the High Court or the Supreme Court.
Q.
What happens if a dissolution order is issued?
A.
Religious acts are not prohibited.
However, the religious corporation will be dissolved, and you will not be able to receive preferential treatment such as non-taxation of property tax, or you will have to dispose of your property.
Q.
This is the first time I have exercised the right to ask questions.
where to look
A.It
seems that the important focus will be how far we can intervene in the activities of religious corporations while protecting religious freedom, and whether we can find something that leads to a request for dissolution order.