Osaka High Court upholds acquittal of two Kansai ready-mixed concrete union leaders
In short
The Osaka High Court on Oct 5 dismissed prosecutors' appeal and upheld the acquittal of two leaders of the Kansai district ready-mixed concrete branch of the All-Japan Construction and Transport Workers' Union, according to Sankei Shimbun, Tokyo Shimbun and TBS NEWS DIG. Current chairman Yukawa Yuji, 53, and former chairman Take Kenichi, 84, had been accused of obstructing ready-mixed concrete shipments and extorting ¥150 million from a cooperative in 2013–14. The first-instance Kyoto District Court had found the strike did not amount to extortion.
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The Osaka High Court on Oct 5 rejected prosecutors' appeal and upheld the acquittal of two leaders of the Kansai district ready-mixed concrete branch of the All-Japan Construction and Transport Workers' Union, Sankei Shimbun reported. The court, with presiding judge Iijima Kentaro, upheld the first-instance Kyoto District Court decision on both defendants, and the prosecution's appeal was dismissed. Tokyo Shimbun reported the second acquittal of the two officials in its headline, and TBS NEWS DIG also reported that the high court acquitted them following the lower court ruling. [ 1 , 2 , 3 ]
The defendants were identified as current chairman Yukawa Yuji, 53, and former chairman Take Kenichi, 84. They were charged with intimidation and extortion over a labour dispute in 2013–14, when a company whose workforce included seven union members of the branch was being dissolved, according to Sankei Shimbun and TBS NEWS DIG. They were accused of demanding a settlement payment and intimidating the cooperative by such means as blocking ready-mixed concrete shipments, and of taking ¥150 million from it. [ 1 , 3 ]
In its ruling last February, the Kyoto District Court found that it could not be recognised that the defendants used force in large numbers to block ready-mixed concrete shipments or made intimidating statements, and concluded that the conduct did not constitute extortion. Prosecutors appealed that decision, Sankei Shimbun reported. In its headline on the appeals ruling, TBS NEWS DIG carried the phrase “the original ruling's judgment is legitimate”; the available text of its report does not identify the speaker. [ 1 , 3 ]
Sankei Shimbun's later headline on the same day focused on the court's finding that no blocking of shipments or intimidating statements were recognised. The documents do not say whether prosecutors intend to take the case further, and they do not name the cooperative or the company involved. [ 1 , 4 ]
Why it matters
The ruling leaves the acquittals in place at the high court level in a case that tested how far a labour union's strike action can go before it becomes a criminal extortion matter. For readers, the outcome concerns union activity and shipment-blocking tactics in the ready-mixed concrete industry in the Kansai region. The documents do not say whether prosecutors will appeal further.
Key facts
- The Osaka High Court, with presiding judge Iijima Kentaro, dismissed the prosecution's appeal on Oct 5 and upheld the lower court's acquittal of both defendants. [ 1 , 2 , 3 ]
- The two defendants are Yukawa Yuji, 53, current chairman of the Kansai district ready-mixed concrete branch of the All-Japan Construction and Transport Workers' Union, and Take Kenichi, 84, its former chairman. [ 1 , 3 ]
- They were accused of intimidating the cooperative over a 2013–14 labour dispute and extorting ¥150 million from it. [ 1 , 3 ]
- The first-instance Kyoto District Court acquitted them last February, finding that blocking ready-mixed concrete shipments by force in large numbers and intimidating statements were not recognised. [ 1 ]
- Prosecutors appealed against that acquittal, and the high court rejected the appeal. [ 1 , 3 ]
- TBS NEWS DIG's headline carried the phrase “the original ruling's judgment is legitimate”, without identifying in the available text who said it. [ 3 ]
Confirmed by several sources
- The Osaka High Court upheld the acquittal of the two union leaders on Oct 5, rejecting the prosecution's appeal. [ 1 , 2 , 3 ]
- The defendants are Yukawa Yuji, 53, and Take Kenichi, 84, of the Kansai district ready-mixed concrete branch of the All-Japan Construction and Transport Workers' Union. [ 1 , 3 ]
- The case concerned obstructing ready-mixed concrete shipments and taking ¥150 million in a dispute dating to 2013–14. [ 1 , 3 ]
- The acquittal was handed down after a lower court had also found the two not guilty. [ 1 , 3 ]
Still unclear
- Whether prosecutors will appeal the high court ruling further. None of the documents says whether a further appeal is planned or possible.
- Who is quoted as saying “the original ruling's judgment is legitimate”. The phrase appears in TBS NEWS DIG's headline, but the available summary does not attribute it to a named person or body.
- The name of the ready-mixed concrete cooperative and the company involved, and the identity of the seven union members' employer. The documents refer to them only in general terms.
- Any reaction from prosecutors or the court beyond the verdict itself. Only Sankei Shimbun carries detailed article text, and it does not include statements from prosecutors after the ruling.
What local media are saying
Timeline, local time
- Sankei Shimbun publishes its report saying the Osaka High Court dismissed the prosecution's appeal and upheld the acquittals of both defendants. [ 1 ]
- Tokyo Shimbun publishes a report headlined on the second acquittal of the two ready-mixed concrete union officials. [ 2 ]
- TBS NEWS DIG publishes a report on the second acquittal, naming Yukawa Yuji and Take Kenichi and the ¥150 million allegation. [ 3 ]
- Sankei Shimbun publishes a follow-up headlined on the court finding no recognition of shipment blocking or intimidating statements. [ 4 ]