A mixer driver had been working as a day worker at a ready-mix concrete company for five years. During that time, his daughter was born. He and his wife both worked, but they were struggling financially. He wanted to become a full-time employee.

He joined Kan-nama, the Kansai District Ready-Mixed Concrete Union, in order to negotiate with the company to become a permanent employee together with other union members.

The company did something unbelievable: they refused to stamp the employment certificate, which is required to enroll the child in a nursery school.

Until then, the certificate was stamped every year. The company disliked labor unions. It was harassment for joining Kan-nama. Naturally, Kan-nama members protested.

However, the union members were arrested and detained, and were charged with “attempted coercion” in court.

The results were announced at the Osaka High Court on April 17, 2025.

The verdict found one of two union members who protested on behalf of the driver not guilty but the other guilty.

Why was the verdict so half-hearted, when he was clearly “completely innocent”?

Suspicion of faking illness

The trial focused on an incident that took place between October and December 2017 between Murata Kenzai, a ready-mix concrete company in Kizugawa City, Kyoto Prefecture, and union members of Kan-nama.

Murata Kenzai was informed by Kan-nama on October 16 that the mixer driver had become a union member. They demanded making the driver a permanent employee rather than a temporary one. Following then, union member Osamu Yoshida and Kan-nama executive committee member Masahiro Yasui conducted the negotiations. Negotiations were handled by director Yasumi Murata on Murata Kenzai’s side.

But when the driver asked Murata Kenzai to stamp the employment certificate, they refused. To enroll his daughter in nursery school, the driver needed to turn in the certificate to the city hall by the end of November. Murata was asked to stamp the employment certificate by Yasui and Yoshida.

However, Murata refused to have the employment certificate stamped.

That was November 27.

​​Murata said that a city hall official had told her that a parent could use the nursery school even if a parent didn’t have an employment certificate. Yoshida called the relevant department at city hall on the spot and confirmed that a parent actually needed an employment certificate. He then urged Murata to call the department in charge, where she was informed that proof of employment was required.

During the phone call, Murata suddenly became ill and limp. An ambulance had to be called. Yasui and Yoshida suspected she was faking it, saying, “There’s no way she would suddenly become like that.”

Murata Kenzai called the police

Even after that, Murata still refused to have the employment certificate stamped.

On December 4, Yasui visited the Murata Kenzai office with members of Kan-nama. However, Murata insisted, “I’ve decided to leave everything to my lawyer,” and did not take them seriously. Yasui put the employment certificate form on the desk, tapped it with his fingers, and said, “What’s the point of a lawyer? It’s irrelevant. I just need to get the employment certificate stamped.”

During this exchange, a Murata Kenzai employee was secretly recording Yasui and the others with his smartphone. Yasui became angry and slammed the employment certificate on the desk.

When Yasui left the other union member in the room and went outside, the police had arrived. When he returned to the room, Yasui demanded that Murata apologize for calling the police and for secretly recording.

They continued to ask Murata to stamp the employment certificate after that day, but in the end, Murata refused to do so until the very end.

Courts with different decisions

The courts were divided on the case.

On December 17, 2020, the Kyoto District Court focused on the day that Murata suddenly complained of feeling unwell. It determined that the demands were persistent despite the fact that it was “clear that she was in poor health,” and that the demands constituted intimidation. Yasui was sentenced to one year in prison, suspended for three years, and Yoshida to eight months in prison, suspended for three years.

On December 13, 2021, the Osaka High Court changed its assessment of the day when  Murata suddenly complained of feeling unwell, viewing it as “Murata Kenzai was forced into a corner when it was no longer possible to refuse the creation of the work certificate due to explanations given by city hall officials to Murata.”

The court then ruled that it is not surprising that they suspected that the manager was faking her illness,” and found Yoshida not guilty. As for Yasui, the court found that his protest on the day Murata Kenzai called the police was excessive, and fined him 300,000 yen.

The case then reached the Supreme Court, which, however, did not issue a decision and instead sent the case back to the Osaka High Court for further review.

“Are you trying to save face for the Supreme Court?”

The Osaka High Court handed down a second ruling on April 17.

Regarding the day when Murata suddenly complained of feeling unwell, the court concluded that Yasui and Yoshida could not be charged with any crime.

However, regarding the day Murata Kenzai called the police, presiding judge Kyoji Ishikawa said, “This goes beyond the limits of what is socially acceptable.” Yoshida was not present that day, so he was found not guilty, but Yasui was sentenced to six months in prison, suspended for three years.

The Kyoto District Court ruled that Murata Kenzai was not obligated to issue employment certificates, and that the actions of Yasui and Yoshida were persistent and constituted a crime.

Although it is a step forward compared to that, compared to the first Osaka High Court ruling, the second High Court ruling after the case was sent back to the Supreme Court is a step backward.

Shouts rang out in the courtroom after the verdict.

“Are you trying to save face for the Supreme Court? Anyone would agree that he is completely innocent!”

Presiding Judge Ishikawa listened to the words in a daze, his eyes fixed on the gallery.

We spoke with Yasui and Yoshida after the court adjourned.

Masahiro Yasui

“I’m happy that Yoshida was found not guilty. I feel 70% frustrated and 30% happy. When I finally caught eye with presiding judge Ishikawa, he had an expression that said, ‘I really wanted to give you an acquittal.’ But I guess he had to find me guilty for the Supreme Court’s sake.”

Osamu Yoshida

“I’m not happy that Yasui was found guilty. The judge sees Kan-nama through biased glasses, labelling us as ‘anti-social forces,’ and does not understand our activities as a labor union. We were approached by a driver who worked for Murata Kenzai and his wife, and we wanted to make him a permanent employee. Our goal was to protect his family, and that was it.”

Yasui will appeal to the Supreme Court, aiming to be acquitted.

(Originally published in Japanese on April 17, 2025. Translation by Mana Shibata.)

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