TU LAW E-NEWSLETTER The First Class Action Lawsuit in Japan Ueakarn Sopakdithapon No.17 June 2024
2 The First Class Action Lawsuit in Japan Ueakarn Sopakdithapon Photo : https://www.asahi.com/ajw/articles/14554392
3 In 2018, Tokyo Medical University issued a statement admitting that, since around 2006, the university had been inflating the entrance exam scores of male applicants and reducing the scores of female applicants. In the most recent entrance exam, the university had increased the scores of 18 male applicants who had donated money to the university. The university had been using this method since 2006 to limit the number of female medical students. The reason given by the university was that, according to Japanese social norms, when women get married, they usually leave their jobs to become full-time housewives and raise families; having women become doctors would thus result in a loss of medical personnel in the future due to marriage. Data from research also showed that over the past 20 years, the number of female applicants who passed the medical school entrance exam nationwide has 1 “Tokyo medical school admits changing results to exclude women” [https://www.theguardian.com/world/2018/aug/08/tokyo-medical-school-admits-changing-results-to-exclude-women] (https://www.theguardian.com/world/2018/aug/08/tokyo-medical-school-admits-changing-results-to-exclude-women) accessed May 27, 2024 2 Japan Consumer Affairs Agency, “消費者機構日本と学校法人東京醫科大学との間の共通義務確認訴訟に関する判決の確定につい て” [Japan Consumer Affairs Agency, “消費者機構日本と学校法人東京醫科大学との間の共通義務確認訴訟に関する判決 の確定について”] accessed May 27, 2024 not exceeded 30% of the total number of students. This led to suspicions that other medical schools may have been engaging in similar misconduct.1 Ultimately, the victims – i.e. the group of female applicants whose scores were reduced – joined together and filed a claim under the Act on Special Measures Concerning Civil Court Proceedings for the Collective Redress for Property Damage Incurred by Consumers. This was the first class action lawsuit in Japan. In 2020, the court ruled that Tokyo Medical University must compensate the group of victims.2 The details of the case and the result of the judgment may be explained by comparison with Thai law as follows. Photo: https://www.theguardian.com/world/2018/aug/08/tokyo-medical-school-admits-changing-results-to-exclude-women
4 While Thai Civil Procedure Code grants the right to bring a case to court to the victim, Japanese law limits the right to sue to legally certified consumer organisations only, which can bring a claim to court on behalf of a group of victims (Section 3). This is similar to the system in most EU countries. Currently, there are only four legally certifi ed consumer organisations in Japan that have the right to bring a case to court.3 Who has the right to sue Types of Cases and the Nature of Disputes that can be Pursued as Class Action Lawsuits and Nature of the Claims Regarding pursuing a class action lawsuit in Thailand, since this stems from provisions in a central law regarding the civil procedure system, it covers various types of cases in a broad manner, including under consumer protection law, labour law, environmental law, etc.4 On the other hand, Japanese law limits class action lawsuits to consumer cases only. Additionally, it must be a situation in which the victims are parties to a contract directly with the defendant. If the claim is based on the law of wrongful acts, it will be limited to wrongful acts under the Civil Code (Section 3(1)) and does not include wrongful acts under the Product Liability Act. Furthermore, claims are limited to requests for compensation for damages and cannot include requests for recall, repair, or replacement of products. 3 https://www.legal500.com/guides/chapter/japan-class-actions/ 4 Nontawatch Nawatharakulpisut, “Consumer Protection Law” (Textbook and Teaching Materials Project, Faculty of Law, Thammasat University, 2023), p. 243. Photo by Liam Burnett-Blue on Unsplash
5 Binding Effect of the Case In Thailand, when a class action lawsuit is fi led, those who have been injured in the same way as the claimant are automatically considered members of the class and are bound by the outcome of the case unless they demonstrate their intention to withdraw from the class (opt-out system).5 On the other hand, under Japanese law, even if a consumer organisation fi les a claim on behalf of consumers, the group of injured parties is not automatically bound by the outcome of the case. They are only bound if the court judgment at the fi rst instance confi rming the defendant’s duty to the group of injured parties receives certifi cation from the court; the victims must then demonstrate their intention to be bound by the outcome of the case (two-step, opt-in system). 5 Ibid, p.250. 6 Michiko Onodera, “大学入試における属性による差別的取扱いと意思決定の自由の侵害”, (新·判例解説 Watch ◆ 民法（財産法） No.237, 2022), p.4, retrieved from https://lex.lawlibrary.jp/commentary/pdf/z18817009-00-032372271_tkc.pdf, accessed 30 May 2024.
6 In the fi rst class action lawsuit in Japan, in 2020, the court ruled that the university must compensate the group of victims for their application fees. However, the court could not award compensation for emotional distress because the law in eff ect at the time of the case did not allow courts to award such damages. However, under the current amended Japanese law, courts can award compensation for emotional distress, although this only applies in cases where the defendant intentionally caused the damages. The result of this is that, if a similar case were to come to court in the future, the court could award compensation for emotional distress, since this is a situation in which the university intentionally manipulated the test scores.6 Additionally, unlike Thai law, the Japanese legal system does not recognise punitive damages. Since this law came into effect in 2016, there have been fewer than ten claims brought to court under it. This has led Japanese scholars to question the eff ectiveness of the law’s enforcement and to debate the scope of the types of cases and types of damages, and whether they should be increased. It will be interesting to see if any changes are made to the law and how this might aff ect the number of claims brought to the courts, as well as the impact on other industries and businesses in Japan. Damages
7 Photo by Ryoji Iwata on Unsplash
8 Seminar on The Topic “Draft Equal Marriage Act: Timely? Equal?” 2 May 2024 The Civil Law Center of the Faculty of Law, Thammasat University, will host an academic seminar on the topic “Draft Equal Marriage Act: Timely? Equal?” at SC1, Room 4020, Thammasat University, Rangsit Campus. This event is part of the “100th Anniversary of the Civil and Commercial Code” project organized by the Civil Law Center, Faculty of Law, Thammasat University. The seminar will be moderated by Pimkamol Kongphok, a lecturer at the Civil Law Center, Faculty of Law, Thammasat University, and will feature the following speakers: - Prof. Dr. Pairoj Kampusiri, Special Lecturer, Faculty of Law, Thammasat University - Assoc. Prof. Dr. Kittisak Prokati, Special Lecturer, Faculty of Law, Thammasat University - Assoc. Prof. Dr. Matalak Seramethakul, Lecturer at the Civil Law Center, Faculty of Law, Thammasat University - Asst. Prof. Dr. Aimpaka Techa-apikun, Lecturer at the Civil Law Center, Faculty of Law, Thammasat University - Lecturer Kittiphop Wangkham, Lecturer at the Civil Law Center, Faculty of Law, Thammasat University FACULTY ACTIVITIES MAY 2024
9 The signing of a memorandum of academic cooperation between the Faculty of Law, Thammasat University, and the Office of the Judiciary. 3 May 2024 The Faculty of Law at Thammasat University, led by Associate Professor Dr. Pokpong Srisanit, Dean of the Faculty of Law, and Professor Narong Jaiharn, Director of the Doctor of Philosophy Program in Justice Administration, along with the Office of the Judiciary, represented by Mr. Thanee Singhanat, Secretary-General of the Office of the Judiciary, and Mr. Ekaphop Ekrapapinich, Deputy Secretary-General of the Office of the Judiciary, signed a memorandum of understanding (MOU) to collaborate academically. This collaboration aims to provide educational opportunities for judicial officers from the administrative side of the judiciary to enroll in the Doctor of Laws program and the Doctor of Philosophy program in Justice Administration at the Faculty of Law, Thammasat University. This initiative seeks to enhance knowledge and expertise in the fields of law and judicial administration for judicial officers from the administrative side of the judiciary. Associate Professor Dr. Naphat Soraat, Deputy Dean for Administration, along with Assistant Professor Dr. Poontep Sirinupong, Assistant Dean for Graduate Studies, and Director of Graduate Studies, Faculty of Law, Thammasat University, participated in the signing ceremony at the Office of the Judiciary.
10 Pridi Banomyong Day 2024 11 May 2024 Associate Professor Dr. Pokpong Srisanit, Dean of the Faculty of Law Assistant Professor Dr. Prinya Thaewanarumitkul, Director of the Law Center Dr. Satyapon Sachdecha, Special Lecturer at the Faculty of Law and staff members of the Faculty of Law, Thammasat University, laid wreaths at the statue of Professor Dr. Pridi Banomyong at Pridi Courtyard, Thammasat University, Tha Prachan Campus. This event, held on Pridi Banomyong Day 2024, was to commemorate Professor Dr. Pridi Banomyong, the founder of Thammasat University, and to honor his numerous contributions to Thai society.
11 memorial event for Professor M.R. Seni Pramoj 2024. 26 May 2024 The Faculty of Law, Thammasat University, held a memorial event for Professor M.r. Seni Pramoj in the year 2024. The event took place in the morning it involved the chanting of Buddhist scriptures. Associate Professor Dr. Pokpong Srisanit, Dean of the Faculty of Law, Thammasat University, presided over the ceremony. Faculty members and staff of the Faculty of Law, as well as representatives from outside the university, attended the ceremony.
12 Student Committee and Annual Activities Seminar Project 2566 21 and 28, 2024 The Student Committee of the Faculty of Law and the Activity Group of the Faculty of Law organized the Student Committee and Annual Activities Seminar Project 2024 at The Space Hotel, Lampang. The purpose of this seminar was to inform students about the planning process and various activities. It aimed to provide students with an understanding of the criteria, regulations, and processes involved in carrying out different activities systematically. The seminar also aimed STUDENT ACTIVITIES MAY 2024 to promote and motivate students to work collectively, enabling them to efficiently carry out their tasks.
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