Reiwa 7 (Gyo-Ko) No. 21 Appeal Case for Revocation of Decision

In 2025, Kim Sang-soo, a Korean holder of special permanent residency in Japan, challenged a decision by Minister of Justice Suzuki Keisuke. The minister had revoked Kim’s residency status and denied re-entry following an overseas trip, citing revised immigration guidelines and undisclosed security concerns. Kim filed a lawsuit seeking revocation of that ministerial ruling, arguing it was an arbitrary abuse of discretion and violated protections rooted in the 1965 Japan-Korea Settlement Agreement. After the Tokyo District Court dismissed his initial claim, Kim appealed to the Tokyo High Court under case Reiwa 7 (Gyo-Ko) No. 21. The case became a focal point for examining whether executive immigration powers could override the historically derived rights of Zainichi Koreans, drawing intense scrutiny from civil rights groups and diplomatic circles on both sides.

Later in 2025, the Tokyo High Court dismissed the appeal, holding that the minister’s decision fell within the wide scope of administrative discretion and did not constitute a clear violation of the legal safeguards protecting special permanent residents.

Whether the Minister of Justice abused discretionary power by canceling the special permanent residency status, and whether the applied internal guidelines violated constitutional equality principles and the legal framework governing the rights of Zainichi Koreans under historic bilateral agreements.

The ruling triggered immediate protests from the Korean Residents Union in Japan (Mindan) and drew formal criticism from the South Korean government, heightening diplomatic friction. Human rights organizations condemned the verdict as a setback for minority protections and reignited public debate over Japan’s treatment of descendants of its colonial-era residents.