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2006.02.02

「朝鮮総連は北朝鮮と一体の関係」と裁判官が言及

熊本朝鮮会館の税減免取り消し 「公益利用ない」と初判断

在日本朝鮮人総連合会(朝鮮総連)の関連施設「熊本朝鮮会館」の固定資産税などを熊本市が減免したのは違法として、拉致被害者を支援する「救う会熊本」のメンバーが幸山政史(こうやま・せいし)市長に対し、減免措置の取り消しなどを求めた訴訟の控訴審判決で福岡高裁は2日、請求を棄却した一審熊本地裁判決を変更、会館への減免措置を取り消した。

朝鮮会館の税減免を取り消す初の司法判断。朝鮮会館が公益のために利用されているかどうかが主要な争点だった。

判決理由で中山弘幸(なかやま・ひろゆき)裁判長は「会館が公益のために利用された形跡は全く認められず、税を減免する理由が存在しない」と述べた。

さらに中山裁判長は、朝鮮総連について「北朝鮮の指導のもとに、北朝鮮と一体の関係で、在日朝鮮人の利益を擁護するために活動しており、わが国社会一般の利益のためにある組織ではない」と言及した。

判決によると、熊本市は同会館が「公民館の類似施設に当たる」として、固定資産税と都市計画税の一部を免除。2003年度は計30万5300円を免除した。(共同)

(02/02 15:41)

「燃料投下」って感じだね。現地の人じゃないから朝鮮会館が公益のために利用されたか否かはわからないけど、この裁判はあくまで原告:市民(「救う会」だからサヨクのプロ市民とは異質ではあるけど、まぁセミプロでしょう)、被告:市長という図式であって、朝鮮総連は原告が勝てばショボーンで市長が勝てばヤターッという立場の傍観者のはず。

そういった裁判において、中山弘幸裁判長は傍観者の立場の団体を「わが国社会一般の利益のためにある組織ではない」と断じた、と。

まぁ個人的には「そんなこたぁ知ってるよ! でもとりあえずGJ!」なわけだが、これって所謂「傍論」なんですかね>有識者?

こんなエントリー書いたら、どうせスパムTBが来るんだろうな orz

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