Our Research

Kengo MINAMI

Kengo MINAMI

Kengo MINAMI’s academic areas include corporate law, corporate governance, and admiralty law. Corporate law and corporate governance focus on the director’s liability toward an employee regarding unpaid wages and occupational accidents. Admiralty law handles legal issues on autonomous ships and the law protecting seafarers in Japan.

The Liability of the Director to Employees for Unpaid Wages and Occupational Accidents

In Japan, a court ruled that corporate directors must comply with employment law and establish a system to protect the company’s workers from karoshi or other occupational accidents while working. Additionally, in some cases, the director is responsible for damages caused to employees due to unpaid wages. The company has an initial duty, as it establishes employment contracts with employees. In Japan, the Company Act includes an article about the director’s liability toward third parties. Therefore, an employee injured by an occupational accident, who is a third party, sometimes claims damages to the company and the director based on that provision. Dr. MINAMI then examined the rulings of Japanese court cases regarding such issues. “The director’s liability for damages of employees in Japanese court cases, 1737 RODO HORITSU JUNPO 6 (2011) [in Japanese].”

However, this theme must also consider whether any justification for an employee’s claim exists and whether a director needs to compensate for damages caused by the company, despite a distinction between the company as a legal person and the director. We are researching these issues from the perspectives of corporate law and governance. Furthermore, this research theme, from the aspect of the liability of directors and shareholders regarding unpaid wages, compares foreign laws such as the states’ corporate acts in the United States. Specifically, the New York Corporate Business Law, which provides the liability of shareholders for wages, and Canadian federal corporate law, which provides the liability of directors for unpaid wages by the company. By comparing the Japanese framework with other legal systems, this research topic identifies justifications for the liability of the director and the shareholder toward the employees.

CMI Mexico Colloquium 2019
CMI Mexico Colloquium 2019

The Legal Issues on Maritime Autonomous Surface Ships (MASS)

Recently, the development of autonomous ships has progressed worldwide. In Japan, some research projects have been developed by the maritime industry. For instance, the Nippon Foundation facilitates technological research on maritime autonomous surface ships (MASS) for some projects. Additionally, the Japanese government and other public sectors have led several committees to consider MASS regulations. It is essential to research the technologies of autonomous ships. Nevertheless, it is also important to consider the legal issues related to MASS from the perspective of the admiralty law, including commercial maritime and maritime public law about the safety of the ship itself and maritime traffic rules. We are especially interested in the relationship with marine traffic rules such as the Convention on the International Regulations for Preventing Collisions at Sea (COLREGS) and the shipowner’s liability toward MASS for the damages caused by a collision with another vessel. It is necessary to consider whether MASS can comply with rules and if there are conflicts between the current rules and MASS navigation.

An example of issues regarding marine traffic rules is “Can MASS navigate according to good seamanship without a crew?” Further, should the shipowner of the MASS be responsible for the damage without the negligence of a crew? In researching this theme, it is crucial to understand the technological development of MASS. Therefore, this research collaborates with Etsuro Shimizu’s laboratory at the Tokyo University of Marine Science and Technology (TUMSAT), which navigates the remotely-operated boat “Raicho” and conducts research on other types of MASS.

Dr. MINAMI also attended meetings concerning MASS and laws with the Japan Coast Guard and the Ministry of Land, Infrastructure, Transport, and Tourism, and participated in the CMI (Comité Maritime International) to exchange information. He has published papers on the legal issues of MASS and delivered a presentation at an international maritime law conference. For example, he wrote and spoke on topics such as the “Navigation Rules on Unmanned Ships, 66 MARITIME TRANSPORTATION STUDIES 91 (2017) [in Japanese]” and “The Legal Issues About Autonomous Ships in Japanese Law Context, The 11th East Asia Maritime Law Forum, Guangzhou, 2018 [in English].”

Remotely-Operated Boat “Raicho Ⅰ”: This photo was provided by Etsuro SHIMIZU from TUMSAT
Remotely-Operated Boat “Raicho Ⅰ”: This photo was provided by Etsuro SHIMIZU from TUMSAT

CV

  • 2005 Bachelor of Law, Shizuoka University
  • 2007 Master of Law, Hokkaido University
  • 2010 Ph.D., Hokkaido University
  • 2009-2010 Assistant Professor, Asahikawa University
  • 2010-2017 Associate Professor, Otaru University of Commerce
  • 2017-2020 Associate Professor, Nihon University
  • 2020- Professor, Nihon University

Profile

Kengo MINAMI, Ph.D.

Kengo MINAMI, Ph.D.

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Kengo MINAMI, Ph.D.

Professor of Corporate Law and Admiralty Law
College of Law, Nihon University

Kengo MINAMI received his Ph.D. from Hokkaido University, Hokkaido, Japan in 2010. He specialises in Corporate Law and Admiralty Law. Mainly, he researches the relationship between corporate governance and the status of employees in the former theme and traffic rules on the sea and legal issues on autonomous ships in the latter topic. He belonged to Asahikawa University as an assistant professor and the Otaru University of Commerce as an associate professor before joining the Faculty of Nihon University. In addition, he researches as a visiting professor at Shizuoka University and a researcher in the Ministry of Justice as of 2021.

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