Is “not allowed to use ETC” by organized crime groups illegal discrimination? Fukuoka District Court dismisses the lawsuit
Quick Look
- On the 10th, the Fukuoka District Court dismissed the plaintiff's claim in a lawsuit filed against six expressway companies and the government by a man who had his application for an ETC personal card rejected because he was affiliated with an organized crime group.
- The plaintiffs argued that the expressway is a public property, and that not being able to use it just because they are affiliated with an organized crime group constitutes unreasonable discrimination.
AI-generated summary
Why It Matters
In July 2023, a male gang leader applied for an ETC personal card to a secretariat jointly set up by six companies. On the application form, he crossed out the text indicating that he was not affiliated with an organized crime group with a double line, and filled out all other fields without any flaws. The following month, I received a notification that my application could not be accepted.
On the 10th, the Fukuoka District Court handed down a ruling in a lawsuit filed by an expressway company that denied an application for an ETC card because the person was affiliated with an organized crime group, which illegally impeded expressway use.
Presiding Judge Masakatsu Tange dismissed the plaintiff's claim.
The plaintiff is a male gang leader. The defendants are six expressway companies, including NEXCO East, and the state that owns their shares and has the authority to provide administrative guidance.
According to the complaint, in July 2023, the plaintiff applied to an office jointly set up by six companies to use an ETC personal card that can be used without a credit card.
On the application form, he crossed out the text indicating that he was not affiliated with an organized crime group with a double line, and filled out all other fields without any flaws. The following month, she received a notice that her application could not be accepted.
The plaintiffs argue that expressways are public property and that all interchanges are expected to be ETC card-only by 2030. They argued that it is illegal to not be able to use the expressway just because someone is affiliated with an organized crime group, arguing that it is irrational discrimination based on belonging to a particular social group.
In addition, the defendant's response caused mental suffering.
Open Questions
- Details of the allegation that the defendant's response caused emotional distress
- Specific names of the six expressway companies
- Details of reasons for judgment
