In the problems surrounding the former Unification Church, there have been reports of a series of cases in which families have fallen into poverty or collapsed due to large donations made through malicious solicitation.
In order to prevent such malicious donations, prevent the spread of damage, and lead to relief, the government is aiming to enact new bills on donations and related amendments at an extraordinary speed during this extraordinary session of the Diet. increase.
What will change with the enactment of this bill?
How can victims be saved?
Let's look at the points of the bill passed by the House of Representatives on the 8th.
Q. What kind of damages are eligible for relief?
A. The bill aims to protect those who receive unfair solicitation of donations from corporations, etc., and when soliciting donations by corporations or voluntary organizations, it is prohibited to embarrass individuals by unfair solicitation. ” is defined.
The bill indicates and prohibits the following six acts regarding "unfair solicitation".
[Unfair solicitation]
1. "Never leave" even if you tell them you want them to leave
2. "Evacuation obstruction" where you want to go home but they don't let you go
3. Accompany you to places where it is difficult to leave without telling you that you will solicit them
4. Use threatening words and actions to interfere with contact for consultation
5. Take
advantage of romantic feelings to announce the breakdown of the relationship
6. Be anxious because special abilities such as inspiration will cause serious disadvantages if left as they are In addition to this
, the ``Spiritual Marketing Law,'' etc.
bill, which encourages people to make a contract and tells them that a contract is necessary, also stipulates, as other prohibited acts, that ``a person who borrows money from an individual for a donation, or sells his or her house or land, etc. and shall not be required to procure
It also stipulates that violations of these prohibited acts will be subject to administrative measures and penalties.
Failure to comply with administrative recommendations and orders will be punishable by imprisonment with work for not more than one year or a fine of not more than 1 million yen.
Q.In what cases can a donation be cancelled?
A.If a person who has been solicited to donate becomes "confused" and continues to donate after engaging in the above unfair solicitation, he or she may exercise the "right to withdraw" to cancel the donation.
The new law applies to non-contractual donations such as will gifts and debt forgiveness. will be
Under the new law, the period during which the right to withdraw can be exercised is three years from the time you become aware of the damage or 10 years from the time of the donation in the case of unjust solicitation6 (such as psychic marketing).
For other solicitations (1 to 5), it is 1 year from the time of noticing and 5 years from the time of donation.
Q. Will religious second generation and family members be saved?
A. The "family" of the person who donated will also be saved.
Even if the donor himself/herself does not request the cancellation of the donation, the dependent children and spouses can be granted the right to cancel within a certain range, and the child support and other expenses that should have been received can be recovered.
On the other hand, when it comes to actually recovering, it is thought that legal expertise such as calculation of the amount is necessary, so the Consumer Affairs Agency decided to strengthen cooperation with related organizations such as Houterasu, which can receive support from lawyers. I'm here.
Q. To what extent can past damage be remedied?
A. Even if the law is enacted, basically it will not be applied retroactively from the date of enforcement, and you will not be able to exercise the right of revocation for damages that have reached the civil statute of limitations.
However, regarding this statute of limitations, in the revision of the Consumer Contract Law, the statute of limitations was set at 3 years from the time when the consumer became aware that he or she had suffered damage from the psychiatric marketing law, etc., and 10 years from the conclusion of the contract, which was set at 5 years. In the new law, the same period is set, and it is now possible to deal with damage over a wider period.
Q. What is the “duty of consideration” required of corporations that solicit donations?
A. "Duty of consideration" is the act of requesting that the person receiving the solicitation of donations be fully respected by a corporation that solicits donations.
The following three actions are shown as a duty of consideration.
Both are based on cases where problems have occurred with actual donations so far.
[Duty of Consideration]
1. Suppress free will and prevent situations in which it is difficult to make appropriate decisions
. 3.
Clarify
the soliciting corporations, etc., so that there is no risk of misunderstanding the use of the donated property
.
I think it's a rule.
In the bill, the wording "sufficient consideration" is stated regarding the provision of this duty of consideration, and if the duty of consideration is neglected, the administration can make recommendations, and if it does not comply, the corporate name can be announced. .
Q. People in trouble How should people who are worried act?
A.Houterasu is the primary point of contact for consultations related to the former Unification Church and legal issues.
In addition, the "Consumer Affairs Hotline" number 188, which connects to the nearest consumer affairs center, handles inquiries such as "I made a donation against my will" and "I was solicited by inspiration."
The Consumer Affairs Agency says that donors and those around their families should not be isolated, but should be made aware of any abnormalities and connected to appropriate support organizations.
The Japan Legal Support Center (Houterasu)'s consultation service "Dial for psychic marketing" is 0120-005-931 and is open from 9:30 a.m. to 5:00 p.m. on weekdays.
Regarding this bill, while there are voices that evaluate it as a step forward from the viewpoint of victim relief, some experts and lawyers who are consulting have pointed out that it does not reflect the actual situation.
The bill also includes provisions for reviewing the law about two years after it comes into effect. shows the idea of setting up