Mainichi & Asahi: Naturalized Zainichi Korean-Japanese sues “Japanese Members Only” Aigi Country Club; court rules denial of golf membership explicitly for being a former foreigner NOT illegal
In a stunning decision, a Japanese court in Mie Prefecture has ruled that a foreigner… excuse me, a JAPANESE CITIZEN who naturalized from being a Zainichi Korean, may be denied membership to a golf course that limits its membership to “Japanese Only”. Including people who are legally Japanese. Including former Zainichi Korean Permanent Residents who have been in Japan for generations. For the record, this is Aigi Country Club in Gifu Prefecture.
Their case, as stated to the Asahi Shinbun below, is, “Our club has a quota for foreign nationals and former foreign nationals who have become naturalized Japanese and restricts new memberships. We currently have no vacancies in that quota.” This denies the privileges and equal protections under the law when you get Japanese citizenship. The court even states that Aigi Country Club’s rules were not illegal as its actions did not violate his human rights beyond “socially acceptable limits.”
Ah yes, that old legal argument. That was used in the Otaru Onsens Case to say that racial discrimination did indeed happen, but the illegal activity wasn’t the racial discrimination itself, but rather “discrimination that went beyond socially acceptable limits.” Some discrimination is acceptable, according to the courts. Here, discrimination for having Korean roots is acceptable in a club.
After all, according to the Asahi below, “private entities like the golf club are guaranteed freedom of association under Article 21 of the Constitution. In principle, such private groups are free to decide the terms and conditions of their memberships.” Especially since it’s an “exclusive and private group,” and playing golf is “not indispensable for social life.” There’s plenty more below, but let me put this in context about how the Japanese judiciary has been slowly whittling away NJ civil and human rights: