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The Mainichi
an hour ago
- The Mainichi
Without intent but facing deportation: Japan immigration law's inexplicable provision
One day a foreign woman living in Japan suddenly received a visit from a police officer at her workplace. She had come under suspicion of aiding the illegal work of a Vietnamese man. The woman herself had come to Japan to work, but she had no recollection of ever having helped someone work illegally, and half a year later, the criminal charges were dropped. Despite this, immigration authorities launched an investigation of their own. It was during this process that she discovered a puzzling provision in Japan's immigration control act. Immigration authorities told her she was subject to deportation, maintaining that she could be deported even without negligence or intent on her part. The woman arrived in Japan from an Asian country in February 2020, and her status of residence was "Engineer/Specialist in Humanities/International Services." She began working for a job dispatch company in the Kansai area. Her job involved acting as a liaison between other foreign workers and their employers. She communicated client requests to registered foreign workers and conducted interviews with job applicants. Shown two photos shown by police officers In July 2021, two Osaka Prefectural Police officers visited the woman's workplace and showed her two photographs. She recognized the man in the first photo as a Vietnamese individual she had interviewed two months earlier. He supposedly had a student visa. However, the police claimed that the second photo showed the real person. "(The Vietnamese individual) was impersonating someone else," they said. The woman was accused of violating the Immigration Control and Refugee Recognition Act by facilitating illegal employment. The specific activities foreign residents in Japan can engage in depend on their visa status. If a person works under false pretenses regarding their status of residence, they can be charged with working illegally in the country. Those who facilitate illegal work can also be imprisoned or fined on a charge of encouraging such activity, though there must be a willful act or negligence to warrant criminal charges. According to the police, the Vietnamese man's status of residence was technical training, not study, and he had disappeared from his place of training. During her interview with the Vietnamese man, the woman had used an app recommended by the Immigration Services Agency to verify the residency card he presented. Based on the information stored on the card's IC chip, it is possible to tell if the card has been forged, but the check found no problems. She also compared the photo on the card with the man's face. At the time, everyone in Japan wore masks due to the COVID-19 pandemic, and the Vietnamese man was masked as well, so she did not doubt that he was the person in the photo. In actual fact, however, the Vietnamese man had borrowed the card from a student friend and shown the woman the borrowed card. During police questioning, the woman carefully explained the interview process, and stressed that she had been deceived. Police still sent documents on her to public prosecutors, but in December 2021 prosecutors decided not to indict her. Immigration authorities' response It was in May 2022, when the woman believed the situation had been resolved, that she received a call at work from an immigration officer. "We'd like to have a word with you," the officer said, asking to interview her. The questions fired at her were harsh: "Why didn't you make him remove his mask?" "Did you receive interview training from the company?" The woman gave the same explanation she gave to the police, but immigration officials weren't satisfied. In October 2023, during a fourth round of questioning, an immigration officer handed the woman a piece of paper informing her that she would be subject to forced deportation. It was also found that she had abetted illegal employment. On the train ride home from the immigration facility, the woman felt as if the people and sounds around her had disappeared. She was overwhelmed by loneliness and a sense of helplessness. Why were immigration authorities able to impose such a harsh penalty? The background lies in a 2009 amendment to the Immigration Control and Refugee Recognition Act. Deportation even without negligence or intent The immigration law amendment, which aimed to strengthen regulations against illegal employment, added "promotion of illegal work," among other acts, as being subject to deportation, separate from the criminal offense of abetting illegal work. Complicating matters was the fact that the criminal offense requires "intent or negligence," while under the government's interpretation "neither intent nor negligence" is required for deportation. For example, if a foreign business owner employs or introduces a foreigner in an illegal employment situation, they can be subject to deportation regardless of intent or negligence. In April 2024, the woman filed a lawsuit raising an issue with the government's interpretation that negligence was unnecessary. "With the current interpretation of the regulations, anyone could suddenly be expelled from the country," she argued, asking the court to annul the finding by the government that her actions constituted abetting illegal employment. However, a ruling in the Tokyo District Court in March 2025 fully supported the government's claim that "negligence is not required" based on the system's objectives and dismissed the woman's claim. The woman's side appealed, and a high court ruling is slated for July 24. The dispatch company where the woman works has fully supported her employment and her lawsuit, and the woman asserts, "I have just worked diligently." Her lawyer, Daisuke Matsumura, said he hoped to raise awareness of the "flaws" in the immigration control law through the trial. "Are the current circumstances acceptable while the government is about to expand its acceptance of foreign workers? People will be frightened and be unable to work in Japan," he asserted. According to immigration statistics, deportation orders are issued to around 10 to 30 people annually for encouraging illegal employment. In response to an inquiry from the Mainichi Shimbun, the Immigration Services Agency commented, "From the perspective of maintaining social order, negligence is considered unnecessary." Expert says legal revisions should be considered Yukio Okitsu, a professor of administrative law at Kobe University, pointed out problems with the current system, stating, "The aim of deportation may be to eliminate causes of social disorder, but I don't believe that deporting those who have not been negligent would have a deterrent effect." Criminal penalties aimed at punishing individuals assume personal responsibility and a precondition for charging them is ascertaining intent or negligence. In contrast, administrative sanctions aim to correct or deter violations and it is said that in general, intent or negligence are not necessarily considered. However, deportation resets personal relationships and the person's living base in Japan, forcibly moving the foreigner out of the country. "The disadvantages are enormous. Applying the measure even in cases without negligence is too severe. Legal revisions should be considered," Okitsu says.
The Mainichi
10-07-2025
- The Mainichi
Japanese language proxy test taking thought to be rampant among foreign technical trainees
OSAKA -- Osaka Prefectural Police have arrested at least five people in connection with cases of Vietnamese technical intern trainees acting as "proxy test-takers" in the Japanese language test required to switch residency status in Japan. For foreign technical trainees to work under better conditions or stay longer in Japan, they need to change their status of residence. In some cases, passing the Japanese language test is a requirement. The five arrested include those who requested proxy test-taking and those who performed it. It is suspected that technical trainees with poor Japanese language skills have asked Vietnamese nationals who have lived in Japan for a long time to take the tests on their behalf. The presence of their intermediaries has also been confirmed, and the prefectural police believe that such cheating methods are widespread within the Vietnamese community in Japan. The issue first came to light after The Japan Foundation, the organizer of the Japanese language test, grew skeptical over the prominently high pass rate at the Osaka exam venue when the rate normally stands at around 40%. At one point, almost all examinees at the Osaka venue were passing. This led the foundation to suspect that impersonators were taking the exams in Osaka. After being consulted by the foundation, Osaka Prefectural Police arrested a 31-year-old Vietnamese woman in December 2024 for allegedly taking the test by posing as another individual. "I've done it 10 times or so," the woman was quoted as telling investigators, raising suspicions that proxy test-taking is rampant. Playing the central role in her case was a broker who connected the clients requesting the cheating and those who carried it out. To take the test, the examinee needs to have their own residency card and other documents. The broker allegedly contacted the clients via social media and obtained their residency cards and other necessary materials, before handing them over to the proxy test-takers with instructions to take the exam in their place. In the case of a group allegedly involved in this crime, the client paid 160,000 yen (approx. $1,090), of which the broker received 100,000 yen (some $680) and the remainder went to the proxy exam-taker. It is believed that there are multiple such mediators, and the prefectural police arrested one Vietnamese man in June. Many technical trainees aspire to pass the Japanese language test as their labor conditions vary significantly depending on their residency status. Technical trainees are not required to take a Japanese language test when entering Japan, but they are prohibited from changing jobs. Their average monthly wage stands at around 180,000 yen (approx. $1,230). Under the specified skilled worker residency status introduced in 2019, foreign nationals are allowed to change jobs, and they receive an average monthly wage of roughly 210,000 yen (about $1,440), higher than that of technical trainees. As of 2024, there were about 450,000 foreign technical trainees and some 280,000 specified skilled workers in Japan. By nationality, Vietnamese account for more than 40% of both groups. On social media, there are many posts in Vietnamese asking for proxy test-taking. At a court hearing, the 31-year-old Vietnamese woman who repeatedly took the test on others' behalf explained her motive, saying, "I wished to be of help to those wanting to work in Japan."
Japan Forward
02-07-2025
- Business
- Japan Forward
UNIQLO Parent to Sue Shoplifters for Full Compensation
このページを 日本語 で読む In response to a series of shoplifting incidents involving groups of foreign nationals, Fast Retailing, the parent company of clothing giant UNIQLO, announced a new policy this month. The company will seek full compensation for damages through civil procedures against identified shoplifters. Shoplifting has become increasingly common at retail stores across Japan, particularly drugstores. Estimated annual losses exceed ¥300 billion JPY (about $2.09 billion USD). While it remains rare for companies to pursue compensation, industry groups believe Fast Retailing's move may encourage more businesses to follow suit. In 2024, three Vietnamese women in their 30s and 40s were arrested by Osaka Prefectural Police for shoplifting clothing from a UNIQLO store. They reportedly said they were rewarded for stealing specific items and that the thefts helped cover their living expenses. Investigations revealed they had traveled repeatedly between Japan and Vietnam under the direction of individuals in Vietnam. They received payments of ¥170,000 to ¥210,000 (about $1200–1500) per trip. Their thefts were confirmed at 37 UNIQLO stores across four prefectures, including Osaka, Hyogo, and Tokyo. Total damages reached approximately ¥12.3 million. One woman said the earnings were enough to live on for nearly three months. A Uniqlo store in Shibuya Ward, Tokyo. Organized shoplifting by Vietnamese nationals has been the focus of repeated crackdowns in Japan. In February 2024, Fukuoka Prefectural Police arrested four Vietnamese men and women in connection with thefts causing an estimated ¥20 million (about $140,000) in losses at UNIQLO stores in eight prefectures. According to the National Police Agency, Vietnamese nationals have accounted for roughly 50% to 70% of foreign nationals arrested for shoplifting in recent years. Fast Retailing, which operates about 790 UNIQLO stores nationwide, announced on June 9 that it will step up its shoplifting countermeasures. The company said it will not only report cases to police and pursue criminal charges but also file civil suits. These suits will seek to recover the cost of stolen goods and associated damages. "We will take a firm stance to create a store environment where customers can shop with peace of mind," the company emphasized. Despite the scale of losses, few retailers currently seek compensation from shoplifters. According to the National Shoplifting Prevention Organization, a Tokyo-based NPO with around 160 member companies including Fast Retailing, estimated nationwide shoplifting losses total around ¥346 billion annually. Yet, a 2024 survey by the organization found that only 10.9% (29 companies) of companies had sought compensation. This is a slight increase from 8.8% (28 companies) in a similar survey from 2010. The organization's Secretary-General, Takayoshi Domon, noted that despite the enormous financial impact, social awareness of shoplifting as a serious problem remains low, even among retailers. One reason for the low rate of compensation claims, he said, is that many companies are either unaware of the procedures or find them too burdensome. Fast Retailing declined to disclose specific figures on the number of shoplifting incidents, total damages, or its "unknown loss rate." This term refers to inventory discrepancies that cannot be clearly explained. However, the company stated that it has been implementing countermeasures for several years. These include retraining staff and installing security cameras. While these efforts have led to notable improvements, Fast Retailing decided to strengthen its civil response due to ongoing theft incidents. A 2024 fact-finding survey by the National Shoplifting Prevention Organization found that among companies reporting unknown loss, the estimated causes were: shoplifting (41.4%), management errors (38.0%), and employee theft (2.7%). Domon said Fast Retailing's approach could set a precedent, and compensation claims "are likely to become more common in the future." He added that the organization plans to "offer consultation and support for companies interested in pursuing compensation." One company that has long pursued shoplifting compensation is Sanyodo Holdings. The Nagoya-based bookstore chain operates around 65 locations primarily in the Tokai region. Each store prominently displays notices about its compensation policy. According to the company, this approach has significantly reduced its unknown loss rate. *According to Sanyodo Holdings. Sanyodo began seeking compensation from shoplifters two decades ago. Claims cover not only the value of stolen goods, often discarded after recovery, but also personnel costs, including the time staff spend dealing with police. "Even when we catch a shoplifter, our employees can be detained for hours. We charge for that time down to the minute," a company representative explained. In fiscal year 2024, Sanyodo filed 87 compensation claims totaling about ¥6.21 million (about $40,000). Of those, 75 were successfully recovered, yielding approximately ¥5.74 million ($40,000), including over ¥820,000 ($6,000) in personnel costs. Each year, the company donates the recovered personnel cost portion to the National Shoplifting Prevention Organization to support broader anti-theft efforts. Before adopting its compensation policy, Sanyodo's unknown loss rate was around 1.1%. After two decades, it has fallen to the 0.5% range for books. This shows clear evidence of the policy's deterrent effect. Store managers are also required to earn a private-sector certification known as the "Loss Prevention Specialist." As the representative noted, "To become a store manager, you must acquire the know-how to file compensation claims." Author: Naoaki Miyamoto, The Sankei Shimbun このページを 日本語 で読む
Tokyo Reported
30-06-2025
- Tokyo Reported
Osaka police widen investigation into group preying on young women for prostitution
OSAKA（TR) – Osaka Prefectural Police have arrested two men for forcing girls who frequent a gathering spot for young people in Osaka City's downtown Minami area into prostitution, reports the Asahi Shimbun (June 20). According to police, Yusuke Kimura, 34, and Koki Hideshima, 24, are a part of a group that preys on young women and girls in downtown Osaka. On June 13 last year, Kimura and Hideshima are suspected of conspiring to have a teenage high school girl engage in prostitution with two men in their 50s at a hotel in Kishiwada City. Kimura is also suspected of meeting with the high school girl the day before at a cafe in Osaka and promising to share the proceeds from prostitution. The high school girl was recruited through social media. Police said that June 13 and 14 she engaged in prostitution with a total of five men, including two in their 50s. She told police that she 'earned a total of 75,000 yen, and my share was 27,000 yen.' Police have not revealed whether the suspects admit to violating the Anti-prostitution Law and the Child Welfare Law. Yusuke Kimura (X) 'Gurishita' The girls were recruited from the 'Gurishita' area, whose name is a reference to the popular meeting place under ( shita ) the popular Glico advertisement in downtown Osaka City. Law enforcement considers the operation to be an anonymous, mobile crime group ( tokuryu ) that forces many young women, including girls, into prostitution. During the investigation, evidence emerged showing that Kimura was in charge of a staff of around 70 people who recruited prostitutes through dating sites and transported girls to prostitution venues. In a separate case, Kaito Takimoto, a 26-year-old resident of Sakai City, is currently on trial for forcing one high school girl to have sex with at least 109 men over a 10-day period while traveling by car around Tohoku and other areas. He also coerced another girl to have sex with at least 28 men over a 5-day period in Hokuriku. Takimoto is an associate of Kimura and Hideshima. Based on the investigation into Takimoto, police learned about the involvement of Kimura and Hideshima in the group. Police are currently investigating the true nature of the group.
Tokyo Reported
28-06-2025
- Tokyo Reported
Corpse of Russian woman found in Osaka residence
OSAKA（TR) – Osaka Prefectural Police launched a murder investigation after the corpse of a Russian woman was found in her residence in Osaka City's Naniwa Ward on Saturday, reports NHK (June 28). At around 10:00 p.m., the Naniwa Police Station received a report about a woman collapsed and coughing up blood in her residence on the 8th floor an apartment building in Shimodera. Emergency personnel arriving at the residence found Elena Ito, 50, collapsed face-down on the bed. She was confirmed dead at the scene. Due to marks on her face that looked like she had been punched, police are investigating the case as murder. Elena Ito was found dead in her apartment in Naniwa Ward on Saturday (X) According to police, Ito's husband, who lives separately from her in another location in Osaka City, visited the residence just before 10:00 p.m. that day to check on her safety after he had not been able to contact her for several days. Upon entry, he found Ito collapsed. He then asked a Japanese male acquaintance to report the incident. At the time of the discovery, the front door was locked. The husband said that he opened the locked door himself. There were no signs that the apartment had been ransacked, police said. Police will conduct an autopsy to determine the cause of death. The building is located about 300 meters west of Shitennoji-mae Yuhigaoka Station on the Osaka Metro Tanimachi Line.
