Jan 27 10:02 PM US/Eastern
(AP) - TOKYO, Jan. 28 (Kyodo)
The Tokyo High Court rejected on Thursday a demand for compensation by former teachers who argued that they were refused post-retirement reemployment because they had remained seated during the singing of "Kimigayo" national anthem at school ceremonies despite their school principals' orders.
The appellate court ruling overturned the February 2008 decision by the Tokyo District Court that awarded a total of around 27.5 million yen in compensation to 12 former teachers and a clerk at public high schools run by the Tokyo metropolitan government.
Presiding Judge Tatsuki Inada of the high court said the orders to stand up and sing the anthem in front of the Hinomaru national flag "were not intended to command them to engage in acts that may straightforwardly deny the plaintiffs' perception of history and do not necessarily violate Article 19 of the Constitution that establishes freedom of thought and conscience."
The ruling largely followed the lines of a Supreme Court precedent issued in February 2007 on a similar case.
On the decision by the metropolitan government to reject them post- retirement reemployment as part-time instructors, the judge said the local government acted within its discretion because "the plaintiffs had no option but to be rated lowly since they violated orders from superiors and were reprimanded."
The lower court ruled in February 2008 that the metropolitan education board overstepped and abused its discretion by attaching exaggerated importance to their disobedience of the orders while failing to factor in other aspects such as their service records.
The plaintiffs were seeking around 5.6 million yen in compensation per person from the local government.
Several lawsuits have been filed over the notice to principals, mainly by disciplined teachers, seeking nullification of the disciplinary measures and arguing the notice is unconstitutional.
The Tokyo District Court ruled in September 2006 that the education board cannot force teachers to sing the anthem in front of the Hinomaru flag or reprimand them for refusing to do so as such practices infringe on the Constitution. The ruling is being appealed at the Tokyo High Court.
But the Supreme Court rejected an argument by a music teacher in February 2007 that a principal's order to accompany the singing of "Kimigayo" on the piano is unconstitutional, saying the order "does not mean denial of the plaintiff's view of history and the world, and cannot be said to violate freedom of thought and conscience under the Constitution's Article 19."
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