13 - Kyoto Korean Elementary School Case

Summary

Even though the three different judgments rendered in Kyoto Korean Elementary School – one criminal, by Kyoto District Criminal Court, and two civil, by Kyoto District Court and the Osaka High Court – are generally all perceived to be responses to the hate speech demonstrations that targeted the school, there is a significant difference between the three. This comparative analysis of the three judicial rulings offers important insights into how best victimization might be addressed through judicial responses. The reaction of the teachers and parents of the school exposes the limitations of a punitive approach in terms of restoring the trust of a victims in a majority Japanese community and a sense of inclusion within that community. While relationships are built over generations by shared understanding of the history of the minority Zainichi ethnic group in Japan, the punitive approach acts as a barrier to that understanding, undermining the trust so built. This chapter therefore suggests that the compensatory approach in tort, in line with the position of the Japanese Supreme Court, is likely to be more effective in remedying damage and restoring trust.