Mitsuko Sakaue v State (Japan)

• Jurisdiction: Japón
• Court: Supreme Court (Japan)
• Date: 04 June 1965

Japan, Supreme Court.

(Okuno, Yamada, Kusaka, Kido and Ishida JJ.)

Mitsuko Sakaue

and

The State

State territory In general Effects of change of sovereignty Korea under Japanese sovereignty Effects of independence Japanese woman married to Korean Separated before independence of Korea Whether Korean national Child born in Japan Whether Japanese national by birth The law of Japan

The individual in international law Nationality Nationality as affected by change of sovereignty Korea under Japanese sovereignty Independence of Korea Effect on the nationality of the people of Korea Nationality of married women Effect of marriage on nationality Nationality of children The law of Japan

Summary: The facts:Before 1952 Korea was under Japanese sovereignty and Koreans were Japanese nationals. Yoshiko Sakaue, a Japanese woman, married a Korean in 1943. They separated in 1945. She returned to Japan from Korea and cohabited with a Japanese. The appellant was born in Japan on 1 October 1954 and was reported to be the legitimate child of Yoshiko Sakaue and the Korean. In 1952 Korea became independent under the Peace Treaty with Japan. In 1955 Yoshiko Sakaue obtained a divorce; in 1957 she became a naturalised Japanese national and in 1958 married the Japanese man. On 18 March 1958 a Japanese court at the instance of the appellant declared that the Korean was not her father. The appellant contended that she was a Japanese national by birth on the ground...