Ms. Chong Hyang Gyun, a second-generation South Korean resident who is a public-health nurse for the Tokyo Metropolitan Government, has been fighting a legal battle the past decade to take up a managerial post. The 54-year-old civil servant has argued that the metro government's rejection of her request to take a screening test that could qualify her for promotion -- on the grounds that she does not have Japanese nationality -- violated the constitutional principle of equality. In a final ruling Wednesday, the Supreme Court supported the government's action, saying it is "based on rational grounds."
This is the first time that the Supreme Court has made a decision on the right of foreign residents to assume public positions in Japan. The 15-justice Grand Bench voted 13-2 against the health worker. Ms. Chong filed the suit in 1994 after the metropolitan government turned down her request to take an exam for a managerial post.
The ruling has tremendous significance. Since day-to-day services provided by local governments directly affect the lives of local residents, many Japanese naturally would have misgivings about foreigners assuming responsible positions in local administrations. But what about foreign residents who, like Ms. Chong, enjoy the special legal status of permanent residency in Japan?