Case for Revocation of Denial of Survivor Compensation Pension (Reiwa 5 (Gyo-U) No. 3)

The plaintiff, Kim Misook, a Zainichi Korean woman residing in Japan, applied for a survivor compensation pension after her husband Kim Cheol-soo, a former civilian employee of the Japanese military, passed away. The Ministry of Health, Labour and Welfare rejected her application in 2018 solely on the ground that she did not hold Japanese nationality, invoking a nationality clause that existed before the law was amended. In 2023, Kim filed a lawsuit (Reiwa 5 (Gyo-U) No. 3) at the Tokyo District Court seeking revocation of the denial. In 2025, the court ruled that the nationality requirement was unconstitutional as it violated the equality principle under Article 14 of the Constitution, and ordered the government to revoke the non-payment decision, marking a significant judicial affirmation of the social security rights of foreign residents.

The Tokyo District Court ruled in favor of the plaintiff in 2025, declaring the nationality clause unconstitutional and ordering the revocation of the non-payment disposition. The government was required to grant the survivor compensation pension retroactively.

Whether the nationality requirement for survivor compensation pension eligibility violates the principle of equality under Article 14 of the Constitution of Japan, and whether the government's refusal to pay benefits based solely on the plaintiff's non-Japanese nationality was lawful.

The ruling reinforced the legal movement toward eliminating nationality-based discrimination in Japan's social welfare system, particularly benefiting aging Zainichi Korean communities. It accelerated legislative and administrative reviews of similar exclusionary clauses and was celebrated as a landmark decision for the human rights of foreign residents, while also prompting broader public debate on post-colonial responsibility and the integration of long-term foreign residents into the social safety net.