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Koseki

From Wikipedia, the free encyclopedia
Japanese family register

Reproduction of akoseki certificate printout
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Akoseki (Japanese:戸籍) orfamily register[1][2] is a Japanesefamily registry.Japanese law requires all Japanese households to make notifications of theirvital records (such as births, adoptions, deaths, marriages and divorces) to their localmunicipal authority. Domestic aspects such as marriages, divorces,acknowledgements of paternity of non-marital children, and adoptions, are only legitimized if they are recorded on thekoseki. Births and deaths become legally effective as they happen, but such events must be filed by family members or other persons as allowed by law.

Koseki registration is required for all Japanese citizens, and possessing one is definitive proof ofJapanese nationality, unless arenunciation application has been filed and recorded on thekoseki for reference. In addition tokoseki registration, Japanese citizens are also required to file a notification of residence, which is then recorded in thejūminhyō (住民票). Foreign residents, who cannot have akoseki, are only required to file a notification of residence and have a jūminhyō.

History

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Introduced in the 6th century, the original population census in Japan was called thekōgo no nenjaku (庚午年籍) or thekōin no nenjaku (庚寅年籍). This census was introduced under theritsuryō system of governance.[3] During theShogunate, there were four major forms of population registration: theninbetsuchō (人別帳) (Registry of Human Categories), theshūmon jinbetsu aratamechō (宗門人別改帳) (Religious Inquisition Registry) also called theshūmon aratamechō, thegonin gumichō (五人組帳) (Five Household Registry) and thekakochō (過去帳) (Death Registry). Theshūmon jinbetsu aratamechō was created around 1670 and lasted almost 200 years. It combined social and religious registration, and data was renewed annually.[4] Several categories of outcasts were not registered at all under this system, or were registered in specific registers, for instance theburakumin.[5] The modern koseki, encompassing all of Japan's citizenry, appeared in 1872, immediately following theMeiji Restoration. This was the first time in history that all Japanese people were required to have family names as well as given names. Although all previous social categories were abolished and almost all Japanese people were recorded asheimin (commoners), some minorities became labelled as "new commoner" or "original eta" (shinheimin ormotoeta),[5] and discrimination went on. Problems also happened at the edge of the national territory, for instance in theOgasawara Islands.[5]

During the course of theEmpire of Japan, a number of reforms were carried out after 1910 to eliminate double standards in the koseki system. In general, though, residents of the Empire's colonies held external registries (gaichi koseki) (based on the preexistingHoju) and Japanese held domestic registries (naichi koseki).[5]

After the full revision of the Family Register Act in 1947 (enforced the following year), the household, known as "ie" were redefined to a narrower scope (married couples and their unmarried children), thus limiting the maximum number of generations under the samekoseki to two generations.

In 2003, the "GID Law" was enacted, enabling people with "gender identity disorder" (GID) orgender dysphoria to change their gender on theirkoseki provided they meet certain conditions. Persons diagnosed with GID must seek an official diagnosis with letters of support from two independent psychiatrists to change theirkoseki gender.[6] A person with functionalreproductive glands or a married person cannot change theirkoseki gender.

Format

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There are two main types of certified copies ofkoseki: the Comprehensive Copy ofKoseki (戸籍謄本,koseki tōhon) and Selected Copy ofKoseki (戸籍抄本,koseki shōhon). The comprehensivekoseki is a record of all family members, while the selectedkoseki is the information for only one individual family member.

A typicalkoseki has one page for the household's parents and their first two children: additional children are recorded on additional pages. Any changes to this information have to be sealed by an official registrar.

The following items are recorded in thekoseki.(Law of Family Register, (戸籍法,kosekihō), articles 9 and 13.)

  • (header)registered domicile (honseki)
  • (header) family name and given name of the "head of thekoseki", i.e. the first person shown on thekoseki. This family name will be shared by all the members of thiskoseki.
  • given name
  • date of birth
  • date of records and causes (marriage, death, adoption, etc.)
  • names of natural parents or, when there is aplenary adoption, name of adoptive parents
  • if adopted (non-plenary), names of the adoptive father and/or mother
  • if married, whether the person is a husband or a wife
  • if transferred from anotherkoseki, the formerkoseki's header information
  • other matters as specified by ordinance.

When an individual is transferred from onekoseki to another, certain pieces of registered information are duplicated onto the newkoseki, while others are not. For example, information regarding birth, current marital status, and loss of foreign nationalities is transcribed without alteration. Conversely, details concerning divorces or acquisition of Japanese nationality through naturalization are not included in the newkoseki. However, formerkoseki, referred to asjoseki when all its members are deceased or transferred, are not discarded. Copies of ajoseki can be obtained when necessary.

Additionally, the pronunciations (readings) inkatakana of the family name and each member's given name will be also recorded on thekoseki. This clause will take effect on May 26, 2025. However, the katakana entries may be added gradually from that date through to fall 2026, depending on the case—at least for Japanese nationals residing in Japan.

Imperial family

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Cover of the Register of Imperial Lineage (Kōzokufu) that handle the current imperial reign (126th emperor)

Members of theImperial Household of Japan are registered not in a koseki but in a Register of Imperial Lineage (皇統譜,kōtōfu) instead, according to Article 26 of theImperial House Law.[7] The Register of Imperial Lineage is composed of theTaitōfu, which handles matters related theEmperor and theEmpress, and theKōzokufu which handles matters related to other members of the Imperial Household.

Citizenship

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Thekoseki serves as a certificate of citizenship, as only Japanese citizens have one.[8] Providing a certified copy ofkoseki is mandatory to apply for aJapanese passport.

When a person isnaturalized to Japan (authorized by theMinister of Justice and properly noticed through the Official Gazette), this person has to declare the creation of a newkoseki or join her/his Japanese spouse'skoseki within one month after the notice. Besides, any loss of a foreign nationality that was not already lost before the naturalization date should be registered on thekoseki within one month from the date of learning the fact of loss of foreign nationality (Family Register Act, article 103).

Foreign nationals may be mentioned in akoseki, for example, as a spouse or parent of a Japanese citizen,[9] but they are not registered as a genuine member in thekoseki, which is strictly for Japanese nationals.

Address history and domicile transfers

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Thekoseki system differs from residency registration. Japanese citizens and foreign residents are required by law to submit anotice of residence to their municipality, while the establishment of a koseki is only reserved for Japanese nationals. For Japanese nationals,their residency registration is linked with theirkoseki. Each residency change is reported by the municipality in which the person actually lives to thehonseki-chi (the municipality of the registered domicile), which records the residency history on a supplementary page calledkoseki no fuhyō (戸籍の附票).Koseki serves as the record of all the address history. Addresses abroad are also included, through the Overseas Residential Registration.

It is possible to transfer akoseki from one registered domicile to another. Any domiciliation is possible within the boundaries of the Japanese territory. After a transfer, some of the information shown on the precedingkoseki, including the history of addresses, are not transcribed to the new one. But it is still possible to return to the previouskoseki information because the precedingkoseki domicile and name is always noted, allowing traceability. Akoseki is supposed to be kept at least 150 years by the municipality in charge, even after all its members have died, been transferred to otherkoseki or have lost their Japanese nationality.

Privacy concerns and other criticisms

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Information provided inkoseki is detailed and sensitive and makes discrimination possible against such groups asburakumin or illegitimate children and unwed mothers, for example. As the burakumin liberation movement gained strength in postwar Japan some changes were made to family registries. In 1974 a notice that prohibited employers from asking prospective employees to show their family registry was released by the Ministry of Health and Welfare. In 1975 one's lineage name was deleted and in 1976 access to family registries was restricted. As of April 2007, anyone interested was eligible to get a copy of someone else'skoseki. However, on May 1, 2008, a new law was implemented to limit the persons eligible for a copy to the persons whose names are recorded in a givenkoseki and those who need such a copy to exercise their due rights (debt collectors, executors of wills).[10][11] Anyone who is listed on a koseki, even if their name has been crossed off by reason of divorce and even if they are not a Japanese citizen, is eligible to get a copy of that koseki.[10] One can obtain a copy in person or by mail. Lawyers can also obtain copies of anykoseki if a person listed is involved in legal proceedings.[12]

Thekoseki simultaneously fills the function ofbirth certificates, death certificates, marriage licenses, and thecensus in other countries. It is based on family rather than each individual. For married couples, only one family name may appear on the koseki, which means that one person has to abandon his or her family name when he or she marries. Usually it is the woman.[5] On December 15, 2015, the Nikkei Asian Review reported that Japan's Supreme Court upheld a legal provision forcing married couples to use the same surname. Plaintiffs had argued that the legal provision amounts to "de facto discrimination against women."

Another concern is where children are not registered on thekoseki. The onus is on the parents to register the child, but there have been cases where this has not happened.[13]

In September 2010, the Japanese government completed research into 230,000 "missing" persons age 100 years old or more. Some journalists claimed koseki is an antiquated system that enabled younger family members to receive the pensions of deceased elderly relatives.[14][15]

Koseki tends to be criticized by commentators or activists situated on the left-wing of the Japanese political spectrum, because its rigid framework functions as a barrier against societal innovations, and because the history of any citizen is easily searchable. On the contrary, other views praise the state-of-the-art reliability and traceability offered by this system for more than 150 years.[16]

Family registries in other countries

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A similar registration system exists within the public administration structures of allEast Asian states influenced by the ancient Chinese system of government. The local pronunciations of the name of the household register varies, but all are derived from the sameChinese characters as that forkoseki (intraditionalChinese:戶籍). These states includePeople's Republic of China (hukou),Republic of China (Taiwan) (hùjí),North Korea (hoju,hojeok,hojok) and inVietnam (hộ khẩu). InSouth Korea, thehoju system was abolished in 2008.

See also

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References

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  1. ^戸籍法 [Family Register Act] (Act 224). December 22, 1947.
  2. ^"Japan's Family Registry System".U.S. Embassy and Consulate in Japan. RetrievedFebruary 2, 2022.
  3. ^Chapman, D. (2008). "Tama-Chan and Sealing Japanese identity".Critical Asian Studies.40 (3):423–443.doi:10.1080/14672710802274144.S2CID 144423293.
  4. ^Smith, Thomas (1977),Nakahara: Family Farming and Population in a Japanese Village, 1717-1830, Stanford University Press, pp. 15–16,ISBN 9780804766692
  5. ^abcdeDavid Chapman,Geographies of Self and Other: Mapping Japan through the Koseki, inThe Asia-Pacific Journal Vol 9, Issue 29 No 2, July 18, 2011
  6. ^Abe, Teruo "Gender identity disorder", Juntendo Medical Journal, Vol. 52, No. 1 (20060331) p. 55–61
  7. ^"The Imperial House Law".
  8. ^"Japanese Passport Application/Renewal".Ministry of Foreign Affairs of Japan. Retrieved2020-08-28.
  9. ^Fujiwara City Council.戸籍の附票の写し [Copy of the Koseki Family Register Supplement]. Retrieved July 1, 2021
  10. ^abLaw on Family Registry, Article 10, 戸籍法第10条
  11. ^Law on Family Registry, Article 10-2, 戸籍法第10条の2
  12. ^Law on Family Registry, Article 10-2 Paragraph 3, 戸籍法第10条の2第3項
  13. ^Ninomiya, Shūhei (2018-02-18)."Japan's Archaic Civil Code and the Plight of the Unregistered". Retrieved2021-07-01.
  14. ^The Independent
  15. ^Washington Post
  16. ^Tokai City official website.http://www.city.tokai.aichi.jp/item/26253.htm[permanent dead link]

External links

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