It cannot be considered illegal for a local board of education to not reemploy, upon mandatory retirement, teachers who had refused to comply with the order to stand and sing the "Kimigayo" national anthem, on such occasions as an enrollment ceremony. It is a reasonable judicial judgment.
Former teachers and staff at Tokyo metropolitan government-run high schools who had received punishments, including reprimands, for not complying with the order, had sought damages, saying it was unjust for them to have been refused reemployment because of their disobedience. The Supreme Court has turned down their appeal, thus having the defeat of the plaintiffs finalized.
At the time, it was not that every one of those who wished to be reemployed upon their mandatory retirement was rehired. The top court's ruling showed an opinion that "what would be considered seriously in the screening process would be left to the discretion of the person with the power to appoint." Saying that, the top court concluded that the response taken by the metropolitan board of education "cannot be considered as having been notably irrational."
It is a commonsense judgment that has taken a serious view that former teachers and staff, when reemployed, may again disobey an official order.
The court of first instance ruled that the response taken by the board "has gone beyond the right of discretion and is illegal," ordering the board to pay compensation. The court of second instance also supported the lower court ruling, but the top court has overturned the lower court's decision. The top court has pointed out that the act of former teachers and staff not standing up "would damage, to a certain extent, the order and atmosphere during such ceremonies, while the possible impact on students cannot be ruled out, either."
Set an example for students
Graduation and enrollment ceremonies are important exercises that take place only once for new students and graduates. It would be absolutely impossible to gain understanding should those teachers and staff assume such an attitude of disturbing the harmony during a solemn ceremony.
With regards to "Hinomaru," the national flag, and the national anthem, some of the teachers who had refused to stand and sing the national anthem together in front of the national flag had been at odds with their schools, with teachers saying such acts "would be a symbol of prewar militarism."
The metropolitan board of education, in its notice issued in 2003, made it obligatory for teachers and other school staff to stand and sing "Kimigayo" at school ceremonies. A large number of teachers have been disciplined for refusing to comply, bringing about a succession of lawsuits, with the constitutionality of the order contested.
In 2011, the top court acknowledged freedom of thought and conscience might have been indirectly constrained by the official order, but made its first judgment that the order was constitutional. This judgment was made by taking into account the necessity of maintaining order during such ceremonies and the public nature contained in the duties of civil servants.
Following the raising of the starting age for pension payments, the board, for its part, has been presently reemploying, in principle, every one of those who have reached mandatory retirement and want to be rehired. Be that as it may, it would be appropriate for the board to show its stance that it "will continue dealing strictly with those violations of the official order, even in the future."
Needless to say, teachers are in a position of acting as role models to students. The teaching guidelines for primary, junior and senior high schools also stipulate that students are to be told that the national anthem should be sung together and the national flag raised at enrollment and graduation ceremonies.
The Tokyo Olympics and Paralympics are scheduled to be held two years from now. Teachers are duty bound to nurture a consciousness within children so that they pay respect to the national flag and national anthem of their own country and of other countries.
(From The Yomiuri Shimbun, July 30, 2018)
Read more from The Japan News at https://japannews.yomiuri.co.jp/
