Resident Lawsuit over the State Funeral for Shinzo Abe (Japan-Korea Context)

In 2022, the Japanese government decided to hold a state funeral for former Prime Minister Shinzo Abe, sparking fierce public debate. In response, a group of Japanese residents, including Zainichi Korean citizens, filed a resident lawsuit demanding the cancellation of the expenditure and seeking damages for emotional distress. The plaintiffs argued that the cabinet decision lacked statutory authorization, violated the constitutional separation of religion and state, and infringed on their rights as taxpayers and ethnic minorities. After lower courts dismissed the claims, the Supreme Court of Japan delivered its final ruling on June 5, 2026, upholding the state funeral as constitutional. The Court reasoned that the funeral served a legitimate diplomatic and public interest purpose, and the executive branch had wide discretion.

The Supreme Court unanimously dismissed the appeal, ruling that the state funeral was constitutional and the government's discretionary decision did not constitute a violation of the plaintiffs' rights. The claim for damages was rejected.

Whether the cabinet's decision to hold and fund a state funeral without explicit legislation violated constitutional principles, including popular sovereignty, separation of powers, and freedom of conscience, particularly affecting ethnic Korean residents given the contentious historical legacy associated with Abe's policies.

The ruling deepened societal divisions over Abe's legacy and state expenditure, while reigniting sensitive historical grievances between Japan and South Korea. It prompted renewed calls for clear legislation on state ceremonies and highlighted the enduring complexity of Japan-Korea relations within domestic law.