May 15-May 21
China
The Ministry of Ecology and Environment together with 14 other departments issued regulations on the administration of compensation for ecological and environmental damages. As explained at a press conference, the regulations were drafted based on findings from several pilot reform projects since 2017. (in Chinese)
Sixteen types of minor labor law violations by employers will no longer be punished by the labor administration and inspection agencies in Jiangsu Province, according to a list of “non-punishable minor violations” published by the provincial human resource and social security department. According to the list, violations such as seizing the personnel files or identification cards from workers, collecting money or personal property in the name of a guaranty, and violations of other labor law and regulations that are directly related to the vital rights and interests of workers will no longer be punished if the employer corrects its actions in a timely manner and is deemed to not have seriously damaged the rights and interests of the workers. The list also provides several less punitive alternative measures that the agencies can employ to guide and encourage employers to follow labor laws and regulations. It is reported that Beijing, Guangdong, Tianjin, Shandong and other places have introduced similar lists. (in Chinese)
Seven departments of Taizhou municipal government jointly issued a regulation that introduces a special mechanism to seal criminal records in 15 types of crimes where the victim was a close relative of the offender and was at risk of experiencing secondary victimization. The goal is to prevent the victims from suffering adverse impacts when they apply for college admission, employment, or entry into the military and a background check uncovers their relative’s criminal record. (in Chinese)
On the 32nd National Disabled Persons' Day, Guangdong provincial high court released eight typical cases involving the protection of people with disabilities, including criminal, civil, and enforcement cases that touch upon various needs of disabled people, such as life and property safety, labor and employment, health and medical care, basic living, and barrier-free participation in litigation. (in Chinese)
The Hangzhou Internet Court recently ruled in China’s first NFT (non-fungible token) case. It held that Bigverse, a company that runs digital art trading platform NFTCN, failed to fulfill its duty to detect and prevent copyright infringements before listing NFTs on its platform. In this case, the copyright holder of a cartoon tiger depicted receiving a vaccine sued Bigverse when the NFT was offered up on Bigverse’s NFTCN.
Japan
The parliament approved a bipartisan bill that charges the national and local governments with creating a basic policy and specific measures for women’s welfare and the human rights of vulnerable women. The law, which will take effect in 2024, is meant to support female victims of sexual or domestic violence who may not have a place to live or are in debt.
The Tokyo District Court has declared illegal a 2021 decision of the Tokyo metropolitan government to order a restaurant chain to reduce its business hours during the pandemic. The court ruled, the order did not meet the necessary conditions stipulated in coronavirus legislation. However, the court said the order was constitutional, and rejected claims for compensation. It is the first ruling on the legality of COVID-19 measures imposed by the central and local governments.
Koreas
A court reviewing military tribunal convictions from more than 60 years ago has exonerated another 20 persons in connection with the Jeju Uprising of 1948. All 20 persons are already deceased but were among 2,530 people convicted and imprisoned by a military court. Up to 30,000 persons were killed in the uprising against US military rule in the wake of World War II. The South Korean government apologized for the killings in 2006, and retrials of persons who were imprisoned began in 2018. (in Korean)
Hong Kong
A Hong Kong appeals court has dismissed a bid by prosecutors to increase the punishment for a student who has nearly completed his sentence for protesting against the national anthem law and security law two years ago. While agreeing the initial sentence of 120 hours of community service was too lenient, three presiding judges found it inappropriate to re-sentence the accused when he was scheduled to complete his final four hours of community service this Saturday.
Taiwan
The Executive Yuan approved a proposal to drastically amend the Mining Act, making the approval of local indigenous people and environmental impact assessments mandatory for companies that wish to apply for a new permit or continue their existing mining activities. The proposed draft amendment will be sent to the legislature for review. If passed, the act will also apply to companies that obtained mining permits prior to 1995, before environment impact assessments were required.