Landmark cases of the Supreme Court of Japan

This is a list of landmark cases of the Supreme Court of Japan.

Case Number Date of Judgment Commonly Used Case Name Significance
2003 No. 157 February 19, 2008 Mapplethorpe Case The Court found that a collection of Mapplethorpe photographs that included images of male genitalia was not obscene. The Court's decision was believed to be the first time the top court overruled a lower court ruling on obscenity.[1]
2005 No. 1977 November 1, 2007 Overseas Hibakusha Case The Court found that the government's refusal to provide health-care benefits to hibakusha living abroad was illegal. It was the first time the Court declared a government order illegal and upheld a ruling mandating the payment of damages.[2]
2007 No. 30 August 7, 2007 Bull-Dog Sauce Case Discriminatory treatment of some shareholders designed to prevent hostile takeover of a company (in this case the use of a "poison pill") does not necessarily violate the principle of shareholder equality under Japanese statutes. Such decisions must be made by shareholders who deem it in the company's best interest; it cannot be a move made by management to protect itself.[3]

Footnotes

  1. ↑ "Japan's top court rules erotic photo book is not obscene", International Herald Tribune, (2008-02-19)
  2. ↑ Korean hibakusha benefit snub illegal, Japan Times, (2007-11-02)
  3. ↑ 株主総会決議禁止等仮処分命令申立て却下決定に対する抗告棄却決定に対する許可抗告事件(in Japanese)

See also

References

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