Tokyo District Court Judgment
Judgment
Main clause
１ Plaintiff's complaint dismissed a party's request
２ Litigation costs shall be borne by the plaintiff
The subject matter contested in court
① Whether the plaintiff can request the defendant to disclose information under the Personal Information Protection Act, moral rights, etc.
Japan Airlines is a private company, not a state or public entity. Articles stipulating countries do not apply. Only the laws of private companies and individuals apply. It cannot be said that the defendant's act of not disclosing the voice recorder damaged the plaintiff's legal interests. It cannot be said that the plaintiff's privacy was violated.
② Carriage contract and information disclosure
The defendant had a legal relationship with the plaintiff based on the contract of carriage, under which a domestic transportation contract was signed to ensure safe transportation to the destination. There is no provision for information disclosure among the articles written in the transportation agreement. However, it is a fact that there is a significant gap between the plaintiff and the defendant in terms of their ability to collect information. This point has already been made public in the accident investigation report. you should read it. There is no need for JAL to cooperate any further. The plaintiff has settled with the defendant and the damages claim has been terminated. So all rights are extinguished.
For the above reasons, the plaintiff's action is dismissed.
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This ruling is an unfair ruling at the mercy of the government and companies.
The plaintiffs submitted an enormous amount of evidence, including theories, accident investigation reports, and past judicial precedents. The accident investigation report turned out to be false.
JAL, on the other hand, published only one newspaper article. A newspaper article that the bereaved family has reconciled.
The court did not require JAL to submit formal settlement documents.
Mrs. Kibi said payment documents are like receipts. In other words, it was a paper that only wrote the amount.
In that case, even if you received money, you should not be denied the right to know the cause of the accident, which you did not know at the time. The content of the settlement did not state that the cause of the crash would not be pursued.
Plaintiff plans to appeal.
The trial is still ongoing.
Update on Trial 2022
The day of final oral arguments is approaching. Judgment will come out in October.
The lawsuit stems from a lack of legal responsibility for the crash and death of his JAL Flight 123, which had 520 people on board. That is why I would like to praise the courage of the bereaved family, Motoko Kibi, who stood up to investigate the truth of the accident.
JAL launches various attacks on bereaved families.
For example, one of the two plaintiffs was placed in isolation at a nursing home operated by a JAL affiliate. As a result, the lawsuit had to be dropped.
Also, on the Internet, there was a JAL employee who lied that the voice recorder requested for information disclosure violated an international treaty and could not be disclosed.
And there was a JAL employee who hysterically cursed Motoko Kibi.
What do they want to protect? It might be just the guts of a stupid office worker who fears that if the company goes bankrupt or if the money doesn't come in, it will be a disaster.
However, JAL employees who cause serious accidents should not say anything.
JAL is doing a cover-up with the whole company. Their sins are very serious and should not be done.
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We would like to inform you that the scheduled date for handing down the judgment of the trial has been postponed.
A postal accident occurred on the ５th oral argument date day of oral argument.
In addition, two judges have changed.
Therefore, the scheduled date for July 14th has been cancelled.
The date of submission of evidence for the fifth oral argument date has been reset.
It is from 4 pm on August 25th.
Please do not make any mistakes.
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4th oral argument date: February 24, 2022
Appeared in Tokyo District Court No. 806
《Excerpt of deliberation content》
Japan Airlines lawyers discussed the following points that the judge pointed out.
"As a recognition of the contract on the Japan Airlines side, it is not necessary to disclose it because it is not stated in the transportation contract. Also, even if the passenger crashes, the contract will be extinguished due to death. Provide information to the bereaved family, How do you recognize your obligation to contact? "
Japan Airlines lawyers did not respond appropriately. And it reconciles with the bereaved family. They submitted only two newspaper articles stating that They did not need to disclose information to There bereaved family.
In other words, it was clearly recognized that Japan Airlines did not respond to the judge's allegations.
Therefore, in response to the judge's homework, plaintiffs supplemented this side's legitimate allegations with the assessment of two experts who have studied in the field for many years.
1. Opinion on whether a spouse who is a bereaved family can exercise the right to request disclosure of self-information as personal information based on the Personal Information Protection Law concerning information on the cause of death of the deceased.
2. The airline is obliged to provide the spouse of the bereaved family with information on the cause of death of the deceased in an aircraft accident as a non-voluntary and domestic contractual obligation and protection obligation. Opinions on contracts for transportation contracts
As mentioned above, Mrs. Kibi legitimate allegations were supplemented on the basis of Evidence A No. 49 to Evidence A No. 51, which included two papers.
Therefore, we can conclude that Japan Airlines is obliged to provide information to Mrs. Kibi, based on the sincere rules of the Civil Code and the Constitution.
◎After appearing in court, we will tell you the contents of the interview with Mr.Miyake,Bereaved plaintiff side, lawyer leader
<< Interview content excerpt >>
Mr. Miyake "For Japan Airlines, which was not answered properly last time, we asked two experts to write their evaluation opinions. The concept of the contract, that is, not only the promise, but also the social norms of information is the first security project. It is a civil law and is stipulated in Article 2 (exercise of rights and fulfillment of obligations must be done in good faith and in good faith). Even if a passenger dies, the information to that effect is as follows. Since the contract is a social norm, it is not only an individual agreement but also an obligation to consider the safety of society. It is an obligation to provide information. A passenger died and an airplane crashed. Due to the relationship between the passenger and JAL, you Is obliged to provide so-called information even if he dies. The wife has the right to know the truth of her husband's death. As his own information. Experts do. I wrote in the paper. I submitted it to the court as a preparatory document. Japan Airlines Flight 123 was a very big accident. However, JAL denied the disclosure. Our（JAL Flight 123） voice recorder is not personal information, it is an aircraft Claims to be in flight status and indicates that it does not have the right to request disclosure of accident information, not information about the deceased passenger (without specifying a legal basis).
Of course, the bereaved family wants to know why they died. That is important data.
The bereaved family has been living a difficult life since August 12. Mrs. Kibi wants to know for the rest of his life. Just because she received compensation does not mean she lost her contract with her husband at JAL.
The conclusion is that Japan Airlines should disclose information to the bereaved family based on the good faith and the right to know the Constitution.
If the lawyer on the Japan Airlines side cannot refute the above based on legal theory, it will be the final round next time.
Next time, the court will open at 4 pm on Thursday, April 28th.
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Happy New Year.
I will report the information disclosure trial.
The trial has now completed its third speech. The Fourth Court will be held on 24th February this year. Mrs. Kibi's allegations on the plaintiff's side are as follows.
"I have the right to know what happened 36 years ago and why it caused the death of my husband. In the first place, there are many inconsistencies in the accident investigation report, and there are many materials that are different from the sighting information. The conclusion remains presumed, 36 years have passed without criminal liability for the deaths of 520 people. Even if the raw data at that time is released, it will not cause any inconvenience to Japan Airlines. Japan Airlines, which has all the information, is obliged to clarify why my husband had to die this way. ”
On the other hand, the defendant's allegations by Japan Airlines Co., Ltd. are as follows.
"There is no obligation to disclose information in the Conditions of Carriage and it is not necessary to issue it. There is no obligation to disclose any further information as it has been finalized at this time. Accident investigation reports are complete, whether inconsistent or not. As proof, we submitted only the Conditions of Carriage and the settlement newspaper article. "
Can you say that Japan Airlines has fulfilled its corporate responsibility?
36years ago, the cause of the crash remained unknown, and it is obligatory to disclose raw data to the bereaved family. Japan Airlines has taken steps to isolate one of the plaintiffs in the elderly housing to prolong the trial. Moreover, no matter how many times the judges ask, they do not answer head-on and simply do not write the Conditions of Carriage and therefore continue to refuse to disclose evidence. This is the current situation.
