【Original July 17, 2024】
For the first time, the Supreme Court has ruled a memorandum of understanding, certified by a notary public and signed by an individual making a large donation to a religious corporation based on his or her own free will and who has agreed not to file any lawsuit or other claim for damages against the corporation, to be invalid.
Accepting the Weight of the Court’s Decision
In accordance with this ruling, the court also attempted to determine whether the donations made by the believer were “damages caused by illegal acts,” but the case was sent back to the High Court, which presided over the second trial. The Family Federation for World Peace and Unification (Family Federation), the religious corporation that was sued, stated that it “takes the ruling very seriously.” The ruling is very serious indeed.
However, the Supreme Court overturned two facts made in the first and second trials— the fact-finding trials—that “the person who wrote the memorandum was the believer who made the donation” and “the content of the memorandum was as the believer herself had intended.” Is this not a violation of the Code of Civil Procedure?
Looking back on the last two years, it seems as if the assassination of former Prime Minister Shinzo Abe has set the tone for pursing issues of the Family Federation based on reported statements made by the suspected assassin that he held a grudge against the organization—in which his mother is a believer of—which far exceeds the tone of questioning the accused; and this has mysteriously taken over Japanese society.
As a result, the Family Federation has received 337 reports of human rights violations in less than two years against its ordinary believers, such as discriminatory remarks by teachers on the basis of faith and the cancellation of job offers, which have even been reported in newspapers. Of concern is the violation of religious freedom guaranteed by Japan’s constitution.
The trial was brought by the eldest daughter of a follower, who opposed her mother’s faith and the contributions she made to the Family Federation, in collusion with National Network of Lawyers Against Spiritual Sales (Japan), which has long pitted itself against the religious corporation.
The mother was originally reluctant to her eldest daughter’s opposition towards her faith. Therefore, the mother consulted with her congregation, which consisted of members of her local church, and tried to secure the validity of her heartfelt donations as proof of her faith by submitting a letter of intent to the Family Federation. After that, however, the eldest daughter cut off contact not only with the Family Federation but also with the third daughter, who had witnessed to their mother, placing her in an isolated situation.
Although the case was filed amidst a potential threat to the mother’s religious freedom, the first trial in 2021 recognized the validity of the memorandum. The second trial in 2022, after the mother had passed away, also upheld the decision from the first trial.
Today, however, the mother’s true intentions regarding her faith have been violated based on the bias in Japanese society. They say the memorandum is invalid. Upon hearing the words “persuasion through isolation,” one cannot help but think of the forced apostasy involving as many as 4,300 Family Federation believers.
Donation are Faith-Based Acts
Regarding the donations the mother made through her 13 visits to Korea over a 10-year period to participate in ceremonies to liberate her ancestors, the Supreme Court stated that she was “placed under the psychological influence of the Family Federation,” which affected her innermost thoughts and was behind the true intent of her faith, and made the judgment that she lacked self-control.
However, the Family Federation argues that “following church doctrine, offering donations, and participating in religious ceremonies are acts of faith.” The Supreme Court ruling should not be a justification for the infringement of religious freedom.
