When a religious corporation violates the law, the court may issue a “dissolution order.” However, at the time the order is issued, the corporation is not yet dissolved. An appeal (objection) can be filed against the decision of the district court, and only after all procedures in every instance (High Court and Supreme Court) are completed does the order become final. This page explains the process of dissolution orders based on legal violations and how they are finalized.

Legal Basis for Dissolution Orders

The dissolution of a religious corporation is stipulated in Article 81, Paragraph 1 of the Religious Corporations Act. It states:

When a religious corporation violates laws and regulations and is deemed to significantly harm public welfare, the court may order its dissolution upon request by the Minister of Education, Culture, Sports, Science and Technology or the prefectural governor.

Such dissolution orders based on “legal violations” are applied in cases involving fraud, criminal acts, or other socially serious problems.

Process from Issuance to Finalization

At the time the court issues a dissolution order, it is not yet final. Religious corporations have the right to appeal. The subsequent process is as follows:

The appeal period is set by Article 67 of the Non-Contentious Case Procedures Act, which allows two weeks from the date the decision is served. If no appeal is filed within this period, or if the Supreme Court issues a final judgment, the dissolution order becomes final.

Difference from Dissolution Orders Against Inactive Religious Corporations

Article 81 of the Religious Corporations Act also stipulates dissolution orders for inactivity (Paragraph 1, Item 2). This applies not to illegal acts such as crimes, but to corporations that have ceased religious activities for a long period.

For example, the “Manual for Measures Against Inactive Religious Corporations” published by the Agency for Cultural Affairs lists the following cases as inactivity:

• Death of the representative officer, loss of temple buildings, or submission of activity termination notice
• Required documents (such as financial statements or officer lists) not delivered, returned, or unreachable by phone
• Continued non-submission of required documents for more than two years (excluding intentional refusal)

In such cases, the competent authority may request the court to issue a dissolution order to organize the corporation. However, dissolution of inactive corporations is closer to administrative organization than punishment, and is not intended as a social sanction.

Differences Between Dissolution Orders Based on Legal Violations and Inactivity

There are two major types of “dissolution orders” for religious corporations:

1. Legal Violations (Article 81, Item 1) Issued as a judicial decision when criminal acts or conduct that significantly harms public welfare occur.
2. Inactivity (Article 81, Item 2) Issued as an administrative measure to organize corporations that have not engaged in religious activities for a long period.

Although both are called “dissolution orders,” the former is a judicial judgment questioning social responsibility, while the latter is an administrative response to organizational inactivity.