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Part III: Court decision on
the liability for unlawful acts committed by the UC. Section A: In accordance with Article 715 of Japanese Civil Law: First, a religious corporate body which is necessarily construed to be a non-profit organization. When members of this religious organization cause damages to a third party, the same members are judged to be of employee status. Accordingly, persons of employee status are understood to function as bodies between the religious organization and the members of the religious organization. Hence, when such members of employees status commit damage causing acts for the purpose of work or business (eg. religious activities) of the religious organization, it is appropriate to construe that the religious organization carries the burden of employee liability for such damages incurred.. Grounds for this conclusion exist as follows: 1) No logical reasons exist which should exclude Article 715 ( Japanese Civil Law) from being applied to religious organizations, and; 2)No logical reasons exist to exclude provisions stated in Article 11 of the Religious Corporate Body Law - which stipulates that a religious organization is liable for third party incurred damages which are caused by that religious organization vis-a-vis acts committed by its representative directors and/or other representing parties. Section B: Thus, in this case, if the previous verified facts (as stated in Part (I) Section (A) Articles 1 through 3 and Section (B) Articles 1 through 3), certain material evidence which has been established without contention, and the testimony of Shigetomi are combined and viewed in unison, the following may be surmised: - Concerning PA's 30,000,000 yen donation- UCY, Tokunaga, and Endo who participated in soliciting donation monies of 30,000,000 yen from PA, and, UCZ and Gondo who participated in soliciting donation monies of 2,100,000 yen from PB, were all members of the UC prior to their relationships with PA and PB.. However, Tokunaga, Endo and UCZ, in particular, were parties who, in addition to being UC members, had become devotees to the UC. As devotees, they carried out activities for the UC while having accepted the unification principles, while having pledged their minds and bodies to the UC, while having resigned from their places of work, and, while having separated themselves from their families to live a communal type lifestyle with other members of the UC in a place called "home". Further, when UCZ solicited PB's donation of 2,100,000 yen, UCZ under the belief that the UC teaching that "all things eventually return (or come back)" necessarily meant that "assets seized by Satan should be restored to God's side." This use of religious teaching to procure monetary donations may otherwise be understood as "the business of Spiritual Sales." The implied definitions to the above-mentioned teaching are clearly represented in the actual practices and results thereof which were employed by the UC. These implied definitions are also evident in acts conducted by Nagayoshi and two other former members of and devotees to the UC (herein referred to as UCS and UCT). These parties had been carrying out such activities as door to door sales of signature seals which they (Nagayoshi, UCS and UCT) understood as being in line with the above stated teaching. Finally, PA's donation of 30,000,000 yen was procured by the UC vis-a-vis UCY's intervention. Ensuingly, at the UC's Fukuoka Parish, the church director of this same parish verbally expressed gratitude (for PA's donation)to PA. At this time, the same church director explained that work or business of the UC would serve as the recipient of PA's donation. In follow up to the above, a ceremony of celebration was carried out by members of the UC. All the above statements have been recognized as true and valid. -Concerning PB's 2,100,000 yen donation- The parties who participated in procuring PB's donation of 2,100,000 yen were UCZ and Gondo, both of whom were members of the UC. The place where the above donation was procured was the Sunflower Society where lecture type courses - concerning the teachings of the UC and Sun Myung Moon as the founding father of the above same teachings and the messiah of the second coming - were conducted. Further, based on the contents of PB's recognizance and the contents of Gondo's statements both of which regard the occasion of the above donation, and which are recorded in the previous verified facts (of Part (I) Section (B) Article 2), and; Based on the attitude exhibited by the UC in answering the complaint filed by the plaintiffs, and; Based on the fact that the UC did not endeavor to submit any contrary evidence concerning the above donation, and: Based on the fact that no other evidence exists which is sufficient enough to overturn the above stated verifications; It is appropriate to presume that PB's 2,100,000 yen donation was procured by the UC. Thus, based on all above recognized truths: Whereas, it has been recognized that of the UC members who carried out solicitous acts for the procurement of monetary donations against the plaintiffs, many of these members had become devotees to the UC, and; Whereas, it has also been recognized that these same devotees had acted so as to follow the instructions or commands of the UC, and; Whereas, it has been recognized that existing between the UC and the above devotees was a relationship in which substantial supervisory direction was employed: It is thus appropriate to determine the above devotees are in the status of UC employees, in accordance with Article 715 of Japanese Civil Law. Furthermore, in considering the solicitous acts for the procurement of monetary donations by the above-mentioned UC members: Whereas, the initial objectives of the above solicitous acts were for the procurement of monetary donations, defined as acts which fall within the domain of religious activities, and; Whereas, in accordance with the above recognized truths, the recipient body of these donations has been determined as the UC, and; Whereas, the solicitous acts for the procurement of monetary donations were closely connected to the religious activities of the UC, and; Whereas, in accordance with the facts demonstrated in the above recognized truths, it has been recognized that the solicitous acts for the procurement of monetary donations were originally and at all times acts, were actual practices based on the principles of the UC, and; Whereas, a religious ceremony of celebration for PA was conducted at the UC's Fukuoka Church: It is thus appropriately recognized that the proviso of Article 715 of Japanese Civil Law, which applies "to the implementation of work or business," is applicable to the UC and is adequately satisfied, and; It is necessarily determined, in accordance with Article 715 of Japanese Civil Law, that the UC bears the burden of liability for the UC members ascertained as UC employees who conducted unlawful solicitous acts for the procurement of monetary donations. It is therefore not necessary to consider Article 709 of Japanese Civil Law in this case. Thus, the same conclusion - that the UC bears the burden of liability for the same unlawful solicitous acts conducted for the procurement of monetary donations- is warranted. Therefore: The UC must pay liability compensation to the plaintiffs for damages incurred by the plaintiffs vis-a-vis the above unlawful solicitous acts for the procurement of monetary donations. |
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