Re Kanamori

• Jurisdiction: Japón
• Date: 28 February 1967
• Court: Supreme Court (Japan)

Japan, Supreme Court.

(Kashiwabara, Presiding Justice; Tanaka and Shimomura JJ.)

Re Kanamori

STATE TERRITORY

State territory In general Effects of changes of sovereignty On courts and judgments of courts of the territory Korea under Japanese sovereignty Independence of Korea Effect on courts and judgments of courts in Korea Whether judgments those of Japanese courts The law of Japan

Summary: The facts:In 1942 Korea was under Japanese sovereignty. Kanamori was convicted and sentenced by a court in Korea. Kanamori began serving his prison sentence in Korea but was later transferred to a prison in Japan. In 1952 Korea became independent. Kanamori sought a retrial in Japan, as was possible in the case of judgments of Japanese courts. The question was whether the Korean court was a Japanese court.

Held:The Korean court was a court of Japan. The judgment was accordingly that of a Japanese court and a retrial was possible.

The following is the text of the judgment of the Court:

Demandant:

Yoshitsugu Baba, Attorney-General.

As for the demand by the above demandant for the designation of the court which shall have jurisdiction, we render a ruling as follows:

Ruling:

As for the court having jurisdiction over the demand for retrial of the judgment of guilty in the arson case, which the Taegue Retrial Court delivered upon Kenji Kanamori on 21 August 1942, the Osaka High Court is designated.

Reasons:

1. The gist of the demand in this case is that, since there is no competent court of jurisdiction, and since there is no way of knowing such a court, in demanding a retrial of the final and conclusive judgment of guilty rendered by the Taegue Retrial Court of the Government-General of Korea in the arson case against Kenji Kanamori, the demandant demands the designation of the court having jurisdiction.

2. According to the related documents appended to the above application for designation of the court which shall have jurisdiction, the following is admitted: Kenji Kanamori was sentenced to fifteen years penal servitude, on a charge of arson, by the Taegue Retrial Court on 21 August 1942. The judgment became final and conclusive on 26 October of the same year. The same person received execution of the punishment first in a prison in Korea, and after the end of war, he was transferred to a prison in Japan. He was released from Kumamoto Prison on parole. He served his sentence until the expiration of its term on 25 October, 1957. He has been Japanese since the time of the...