Administrative Document Non-disclosure Decision Revocation Appeal Case

In 2026, Zainichi Korean residents and their organization Mindan requested under Japan's information disclosure law that the Ministry of Justice release internal documents on the special permanent resident registration system and historical surveillance records. The Ministry issued a blanket non-disclosure decision, citing exemptions for national security and public order. The plaintiffs filed suit to revoke the decision, arguing it was discriminatory and an abuse of discretion. After a district court dismissed the claim, they appealed to the Tokyo High Court, contending that the refusal entrenched ethnic profiling and violated administrative transparency principles.

In late 2026, the Tokyo High Court dismissed the appeal and upheld the non-disclosure decisions. The court ruled that the Ministry's concerns over diplomatic repercussions and administrative stability fell within permissible exemptions, and found no sufficient evidence of explicit discriminatory intent.

Whether the Ministry of Justice's non-disclosure decisions constituted an abuse of discretion; whether the invoked exemptions under the Act on Access to Information Held by Administrative Organs were lawfully applied; and whether the blanket refusal disproportionately harmed the Zainichi Korean community, raising substantial issues of ethnic discrimination.

The ruling intensified diplomatic tensions between Japan and South Korea. Human rights organizations and the UN Committee on the Elimination of Racial Discrimination criticized it as emblematic of systemic opacity and structural discrimination. Protests occurred in Osaka and Tokyo, and the South Korean government issued a formal diplomatic note expressing serious concern.