戦後の防衛秘密の保護(一)  [in Japanese] Protection of Defense Secret after the War (1)  [in Japanese]

1. The present writer has published an article of the Protection of Secret Information Concerning Defense Forces in 1996 at this Journal (Vol.32 No.19). Main purpose of the article was to introduce this important aspect of the problems before us. The writ

1. The present writer has published an article of the Protection of Secret Information Concerning Defense Forces in 1996 at this Journal (Vol.32 No.19). Main purpose of the article was to introduce this important aspect of the problems before us. The writer also introduced an article on the Self-Defense Forces Council for Personnel Affairs and Legal Appeal by Self Defense Forces Personnel in 2003 at this Journal (Vol.39, No.3). This article on the Protection of Defense Secret after the War relates closely to these previous publications as a series of the self-defense forces related studies. The writer expects to call attention of readers of these articles to the possible problems before us of leaking secrets concerning national securities. No one yet imagines of such a matter relating to the protection of national security including defense secret. 2. In this article, the outline of legal construction for protecting defense secret after the War is introduced at the first section of this article, consisting of (1) the National Public Servant Act and An Act of Testimony at Diet, (2) the San Francisco Peace Treaty and the Security Treaty between Japan and the United State of America, (3) the Mutual Defense Agreement and the Secret Protection between Japan and the United States of America, in addition to (4) Sustaining of Peace and Order among Citizen, (5) Legal System for Protecting Secret in Administrative Function, (6) A Government Order concerning Secret Preservation, (7) A Government Order concerning Defense Secret Protection, (8) A Government Order concerning Special Defense Secret Protection, and (9) Each Jurisdiction of these Three Orders. 3. Legal system for the protection of defense secret after the War has been gradually developed depending on domestic political crises and international political mutations as well. Namely the domestic political crises came up in 1950s, when mass demonstrations were organized and caused serious disorder near the Imperial House Hold led by branches of the communist party in Tokyo, which left quite impressive memories in our mind as "Kome Yokose Demo or Give Us Rice Demonstration". The name indicated in placards held by demonstrators was "Emperor Hirohito" without honorific title. No one could imagine such a phenomena, if it happened before the War. It might suggest us the coming of serious disorder society age to Japan. As to the international political mutation, it relates to Korean War in 1950s. None of preparation against international peace crises has been taken in and around, except some words of the Preamble and Article 9 of the New Constitution in 1952. No way at that time could be thought in front of the mass of armed forces with strong fire powers, approaching to the southern part of Korean Peninsula next to Japan. In order to take effective political and substantial actions against the international crises, the Peace Sustaining Troop or Hoantai was converted to the Self Defense Forces or Jieitai in 1954. To help the quick adopted defending strategic policy forced by such domestic and international political crises, the United States offered a large scale of lend-lease of ammunitions and war vessels to Japanese Government with no charge under the name of mutual assistance agreement of the two countries in the case of crises. Under such mutual defending agreements, Japanese Government had to adopt effective legal measures against leaking secrets concerning such weapons, which became under her control; one by imposing responsibility to national public servants including the self defense forces personnel, and acts and government orders for keeping secrecy of such supplied ammunitions and war vessels. 4. Maine difference of such secret protecting statutes between before and after the War is whether such a legal system has been systematically adopted or not. Namely before the War basic statutes were adopted in order to cover various possible activities as a whole, while after the War the system has been adopted as if a patched work when necessarily required. A few discussion of such legal measures, however, has been done when they were adopted by even lawyers, though the need for protecting the Self Defense Forces was recognized as urgent requirement. The present writer intended to call attention to basic statutes and government orders concerned relating to protecting defense secret. Information should be broadly acquired in neccessity. Keeping information secret, on the other hand, should be protected in due course.