State (Japan) v Her Nam Kee

• Jurisdiction: Japón
• Date: 18 December 1968
• Court: High Court (Japan)

Japan, Tokyo High Court.

(Kondo C.J., Kobori and Yoshie, JJ.)

State of Japan

and

Her Nam Kee and Eleven Others

THE INDIVIDUAL IN INTERNATIONAL LAW

The individual in international law In general Human rights and freedoms Freedom to travel abroad Aliens Right of aliens to travel abroad and re-enter Japan The law of Japan

Summary: The facts:The Respondents, nationals of the Democratic People's Republic of Korea, were residing in Japan. They wanted to attend the foundation celebrations of the Democratic People's Republic of Korea. The appellant refused to grant them permission for re-entry, inter alia, on the ground that Japan did not recognise the Government of North Korea and had no diplomatic relations with it.

Held:(1) Aliens in Japan had a right to travel abroad and re-enter Japan.

(2) The re-entry of aliens was not dependent on recognition of the aliens' national government or having diplomatic relations with it.

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

JUDGMENT:

• 1. The appeal in this case is dismissed.

• 2. The cost of appeal shall be borne by the Appellant.

FACTS:

The Appellant alleges as follows:

(1) The Respondents no longer have a requisite legal interest to demand revocation of the administrative disposition the subject of this case. The Respondents, who demand revocation of the disposition made by Minister of Justice, the Appellant, which rejected their application for re-entry permission following travel in their fatherland to participate in the 20th Anniversary Day of the National Foundation of The Democratic Peoples' Republic of Korea, no longer have grounds to seek re-entry for, even if they win the instant suit and said disposition is revoked, said celebration concluded on 9 September 1968 and all other ceremonies which were to follow it were held in various districts of that country ending 17 October 1968. Accordingly, the appeal in this case should be dismissed as the Respondents no longer have a legal interest in their demand for revocation of said disposition.

(2) The rejection of the application in this case was made for the following reasons upon finding permission for re-entry contrary to the national interest: The Republic of Korea, having diplomatic relations with this country, occupies the Korean Peninsula. On the other hand, there is North Korea, which has neither a government recognized by this country nor such friendly relations as normally precede recognition. Due to various situations, both internal and external in character, such as that the so-called Koreans in Japan (including those who are nationals of The Republic of Korea) amount to approximately six hundred thousand, coupled...