Prime Minister Fumio Kishida has called for a probe that could lead to the submission of a dissolution order to the Unification Church, but it will depend on whether enough evidence can be gathered to strip the organization of its status as a religious corporation.
While a probe into the church will be implemented under a provision of the Religious Corporations Law, which allows authorities the "right to question" religious organizations, there has been no precedent set for such questioning, and the government has not hammered out the details on how to proceed with the investigation.
The Unification Church, now formally known as the Family Federation for World Peace and Unification, has been under the spotlight after former Prime Minister Shinzo Abe was fatally shot during an election speech in early July.
Abe's attacker, Tetsuya Yamagami, has said he held a grudge against the group because his family was left in financial ruin after his mother made considerable donations to the church.
The Unification Church has been criticized mainly for its mass weddings and "spiritual sales," in which it pressures people to buy jars and other items for exorbitant prices via the use of threats, such as invoking negative "ancestral karma."
Kishida had previously been cautious about ordering a probe into the organization but has since been forced to act after connections between members of his Liberal Democratic Party and the church were revealed, sparking public concern that it may have exerted undue political influence.
Earlier this week, Kishida said he decided to direct an investigation into the Unification Church, given that in less than one month, more than 1,700 calls from followers and others came in to a special consultation line set up by the government complaining about the church's conduct.
Depending on the outcome of the investigation and a court judgment, the Unification Church could lose its status as a religious corporation and be deprived of tax benefits, although it can still operate in Japan as an entity.
The law stipulates that a court can order a religious organization to disband if it is deemed to have violated laws and damaged public welfare or has taken action that is considered a deviation from practices considered normal religious activity.
So far, only two religious organizations have received a dissolution order from a court because of legal violations in Japan.
One was the AUM Shinrikyo cult, which carried out a deadly sarin gas attack on the Tokyo subway system in 1995. The other was the Myokakuji temple group based in Wakayama Prefecture. Its priests defrauded people who sought help by telling them they were possessed by evil spirits before charging them for exorcisms.
But on those occasions, the government did not question members of the two religious organizations as the practice only became law in the wake of the AUM Shinrikyo attack, whereas evidence in the Myokakuji case "was already available in the criminal trial," according to an official of the Cultural Affairs Agency.
In both cases, the police collected evidence, and the groups were ordered to disband after their executives were criminally convicted. Even so, it took seven months to finalize a dissolution order for AUM Shinrikyo and three years for Myokakuji.
While followers of the Unification Church have been found guilty of dubious practices in potential violation of the specified commercial transactions law, there have been no cases of the leaders engaged in criminal activity that could lead to criminal prosecutions.
But Kishida on Wednesday retracted earlier remarks that a dissolution order could only be requested if an investigation determines the church has engaged in acts in breach of criminal law, clarifying that such a move would also be valid in violations of civil law.
"The most crucial thing is evidence and how much of it we can obtain," said a senior agency official.
When the right to question is exercised, a religious organization that refuses to answer or makes false statements is subject to a civil fine of up to 100,000 yen ($670).
But with relevant authorities lacking the authority of an investigative agency and with such a method not tried before, it is unclear to what extent the Unification Church will cooperate in the probe. The religious affairs division of the Cultural Affairs Agency, which has been tasked with overseeing the investigation, also has limited staff.
"It is impossible to see how things will develop," said a senior official of the Ministry of Education, Culture, Sports, Science and Technology.
The agency will hold an expert panel meeting next Tuesday to devise standards for exercising the right to question.
Hajime Tajika, a professor of constitutional law at Kindai University and an expert on religious corporation law, said that careful consideration will be required so that freedom of religion is not violated.
Officials will need to tread carefully when inquiring about the Unification Church's recruiting methods, Tajika said, adding that the church may object to certain lines of questioning. And even if a request for a dissolution order is made, the court has the final say.
"The crux of the matter is whether such legal problems with the Unification Church can be clearly identified. If a request is made without further clarification, it is likely the court will not approve it," Tajika stressed.
Related coverage:
PM lowers bar for Japan gov't to seek Unification Church disband order
PM Kishida vows help to those financially affected by Unification Church
Support for Kishida down further to 35% amid Unification Church row
