[Details of the proceeding]

The plaintiff, a teacher at a metropolitan high school, filed for a side job permit to publish a childcare manga he had drawn as a hobby, but was not accepted. In this case, the Tokyo Metropolitan Board of Education is requesting the cancellation of the disapproval disposition and the plaintiff's application for permission to work concurrently, and is also claiming damages such as consolation fees incurred due to the disapproval disposition.

[Background to the proceedings]

In August of 2nd year of Reiwa, the plaintiff submitted an application for permission to work side-by-side to the principal of his high school regarding the conversion of manga drawn as a hobby into a book based on Article 17 of the Special Law for Educational Public Employees.

The principal confirmed this, stated that it was equivalent to permission in the opinion column of the director, and submitted it to the Tokyo Metropolitan Board of Education.

However, a month later, the application for a side business permit submitted by the plaintiff was returned to the plaintiff as it was.

At that time, the plaintiff said from the principal, "The Tokyo Metropolitan Board of Education decided that this matter could not be approved, but the principal could not disapprove the application equivalent to the permission. Therefore, without submitting a notice of disapproval. , It became a form to return as it is. "

The plaintiff, who had doubts about this treatment, consulted with a lawyer himself and submitted the application for permission to work side-by-side again with a written opinion prepared by the lawyer. A month later, the plaintiff only received a report from the principal that the application was denied again.

At this time, the plaintiff requested the Tokyo Metropolitan Board of Education through the principal to submit a notice of disapproval clarifying the details of the disposition for this case in order to find out why it was disapproved. I was not able to receive this.

The plaintiff has requested the Tokyo Metropolitan Personnel Commission to examine the disposition, but so far no ruling has been issued.

The plaintiff has filed a proceeding in this case, hoping to question the ideal way of working as an educational civil servant.

[Use of funds (donations)]  

• Court costs (stamp fee, copy fee, etc.)

We plan to pay around 100,000 yen.

• Opinion fee to ask scholars (constitutional scholars, public administration law scholars, etc.)

Since this is a specialized field, we plan to have an expert write an opinion. The rewards vary, but we expect about 500,000 yen.

• Transportation expenses for lawyers, witnesses, plaintiffs, etc.

The proceedings will be held in Tokyo. Business trip and of the attorneys, we believe that if you can spend the actual cost of transportation expenses when rather than just have come in, such as those of experts from donations.

• attorney's fee

I asked two lawyers this time. We would like to pay the start fee (100,000 yen per person) , the additional start fee if the proceedings are prolonged, the success fee if the case is won, and the daily allowance for business trips.

• Donations to non-profit organizations

If we receive a large amount of donations and spend all the expenses and still have a surplus, we will donate to an education-related non-profit organization.

[Message from the plaintiff]

It all started with a phone call from the publisher's editor.

"Would you like to make a book?"

The editing is enthusiastic about the social value of my manga and the great significance of making it into a book while encouraging men to participate in childcare and aiming for a society where men and women can cooperate more. He told me.

It felt to me that there was a vision and policy for a desirable society, not just a simple pursuit of profit.

The excitement at this time has been my motivation to date.

The background to my proceedings is, like editing, the desire to help form a desirable society.

I couldn't get a disapproval notice on this matter, nor did I know the criteria for disposition.

As a result, I didn't know what was allowed or not when I was doing expression activities, and I had to be subject to many restrictions in various situations.

Also, because I wasn't clearly shown what the disposition was, I wasn't sure if I had the right to appeal, for example, or if I could give my opinion.

When I received the report of disapproval, I muttered to Twitter only once that the story of making a book was met, but it was no good.

However, a few days later, a person in a higher position advised me that this should be erased.

It may have been a word from good intentions.

Eventually I deleted the tweet.

But in this situation, all activities can be slaughtered.

It is stated that a side job by an educational public employee (hereinafter referred to as "teacher") is legally permitted as long as it does not interfere with the main duties.

The success of teachers in the real world is not only an important opportunity to improve their qualifications, but the experience and knowledge gained there can be returned to children through educational activities.

I think it is also significant in reviewing the current situation that tends to be completed within the school and expanding the range of educational activities.

I am convinced that faculty members are subject to restrictions in their position.

But if you want to put restrictions, the criteria need to be clearly stated.

"If the times change, it may be accepted ..."

This is what I said when I received a report of disapproval.

I was shocked that the application did not pass, and I was stuck in my head for a while.

However, what a hopeful word!

The times are not moving without any help by the hands of something big and unfamiliar.

Even if you can't control it, no matter how small the ratio is, I'm the one who is responsible for it, and you are the one who reads this sentence.

The times are changing from moment to moment.

I would like to face my case so that it will be returned as a meaningful experience for society.

[Message from the defense team]

For us working, "work" is an important part, but not all. Almost everyone will spend time with family and friends, immerse themselves in their hobbies, and enjoy doing nothing after work or on holidays when they have no work. This free time is ours personally, and if so, doing another "work" and sometimes earning money in this free time should be freely allowed.

Finally, we have caught up with what the times should be and are actively promoting the spread of side jobs. In March 2019, the criteria for permitting side jobs for national civil servants were clarified, and the trend of allowing side jobs in the world of civil servants is accelerating.

The disapproval of the plaintiff's application for permission to work concurrently by the Tokyo Metropolitan Board of Education is nothing but against this trend.

And while the plaintiff's childcare cartoon has socially important significance in encouraging men to take childcare leave, more than that, the plaintiff is not engaged in his duties as an educational civil servant, so he can draw in his free time. These are important works.

Through this trial, I would like to ask society how much it is permissible to deprive the plaintiff of his freedom because he is an educational civil servant.

[Counsel members]

Attorney Akemi Takeuchi

• Tokyo Bar Association affiliation
• Graduated from Sophia University Faculty of Law, Department of International Relations Law
• September 2008 Registered as a lawyer
• Tachikawa Fortress Law Office

Attorney Warm Funato

• Tokyo Bar Association affiliation
• Graduated from Hitotsubashi University Faculty of Law
• Graduated from Hitotsubashi University Law School
• December 2016 Registered as a lawyer
• Tachikawa Fortress Law Office