Japanese Law: Tokyo Metropolitan Decisions on Pachinko and F&B Outlets
VerifiedAdded on 2023/01/10
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Case Study
AI Summary
This case study delves into Japanese administrative law, specifically examining the decisions made by the Tokyo Metropolitan Government concerning Pachinko parlors and F&B outlets during the COVID-19 pandemic. It explores whether owners of these businesses can bring a revocation claim against the government's closure orders, analyzing the legal authority under which the orders were issued. The study investigates whether these businesses are obligated to comply with the orders and the penalties for non-compliance, including potential criminal charges and financial penalties. Furthermore, it addresses the possibility of compensation for business losses and examines the legal precedents, including the 1998 and 2005 Supreme Court cases, that support the government's actions. The analysis highlights the role of administrative guidance, the balance between public health and business interests, and the delegation of power to local governments under Japanese law. The conclusion emphasizes the importance of complying with government regulations to avoid legal consequences and protect public health, underscoring the significance of administrative law in managing crises and regulating businesses.
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