Appeal Case Concerning Mandamus for Park Occupation Permit (Reiwa 6 (Gyo-Ko) 17)

The plaintiff, the Korean Residents Union in Japan (Mindan) Tokyo Headquarters, applied to the Tokyo Metropolitan Government for a park occupation permit to hold a commemorative rally at Hibiya Park. The government denied the permit, citing concerns over potential public disorder and friction. The plaintiff filed an administrative lawsuit seeking revocation of the denial and a mandamus order compelling the issuance of the permit. The Tokyo District Court dismissed the claim in the first instance. On appeal, in 2025, the Tokyo High Court examined whether the refusal constituted an abuse of administrative discretion and a violation of the constitutional right to assembly. The appellate ruling became a focal point for balancing public order management against fundamental freedom of expression for foreign residents' groups.

The Tokyo High Court reversed the lower court's decision, ruling that the administrative refusal was disproportionate and illegal. It ordered the Tokyo Governor to grant the park occupation permit, partially upholding the mandamus request.

Whether the Tokyo Metropolitan Government's refusal to grant a park occupation permit constituted an illegal abuse of administrative discretion and unjustly infringed upon the plaintiffs' constitutionally protected freedom of assembly and expression.

The ruling reaffirmed the function of public parks as essential public forums for freedom of expression. It had a profound impact on safeguarding the assembly rights of foreign resident communities in Japan and stimulated widespread legal and social debate regarding multicultural coexistence and the limits of administrative discretion in public space management.