Evidence No.14

Confirmation of Your Intention Regarding the Whistleblower Report to the Consumer Affairs Agency

Date/Time: March 28, 2025, 9:56

From: Whistleblower Protection Office, Consumer Affairs Agency g.koueki24@caa.go.jp

To: "shukku9998@gmail.com" shukku9998@gmail.com

Dear Whistleblower,

This is the Office of the Director (Whistleblower Protection and Cooperation) at the Consumer Affairs Agency (hereinafter referred to as “the Agency”), which is responsible for matters related to the Whistleblower Protection Act.

With respect to your report submitted to the General Affairs Division of the Agency under the Whistleblower Protection Act (hereinafter referred to as “the Act”), we wish to inform you of important matters to which you should give due attention, and to confirm your intentions.

First, concerning the items you requested as “desired responses,” please be aware of the following points regarding the scope of confirmation and investigation conducted by the Agency under the Act.

Requested items:

1. “Formal investigation by the Consumer Affairs Agency regarding violations of the Whistleblower Protection Act”
2. “Guidance to the company and formulation of recurrence prevention measures”
3. “Demand for withdrawal of unjust treatment against the whistleblower”

1. Regarding “Formal investigation by the Consumer Affairs Agency regarding violations of the Whistleblower Protection Act”

The Agency will, pursuant to Article 11, paragraphs 1 and 2 of the Act and related statutory guidelines, confirm whether the business operator has taken the measures required. Specifically, the Agency checks whether the business operator has established the necessary “internal system.” The details of such system development are indicated in the following guidelines:

• “Guidelines necessary to ensure the appropriate and effective implementation of measures to be taken by business operators under Article 11, paragraphs 1 and 2 of the Whistleblower Protection Act.”

https://www.caa.go.jp/policies/policy/consumer_system/whisleblower_protection_system/overview/assets/overview_210820_0001.pdf

As procedure, the Agency will first confirm your intentions. After that, the Agency may contact the business operator.

Of course, the Agency will never disclose to the business operator that the contact originated from your report to the Agency, nor will it disclose your name or personal information. However, please note that once such confirmation is conducted, it is not possible to exclude the risk that the company may speculate that the contact resulted from a report to the Agency, and attempt to identify the whistleblower. We therefore ask for your confirmation in advance.

Accordingly, the Agency requests that you indicate, by reply to this email, which of the following you wish:

1. You understand the above risk and still wish the Agency to conduct confirmation with the business operator.
2. In view of the above risk, you wish to withdraw your report to the Agency and do not wish the Agency to conduct confirmation with the business operator.

On the other hand, please note that the Agency does not have authority to judge or resolve individual disputes between a whistleblower and a business operator.

※ Quotation from your report:

“There is suspicion that the company violated the Whistleblower Protection Act and took retaliatory measures against the whistleblower.

• The company issued an investigation report stating ‘no power harassment existed.’
• The report labeled the whistleblower’s acts as ‘threatening behavior’ and implied disciplinary measures.
• This response is intended to intimidate the whistleblower and obstruct future reporting.”

The contents you described are considered an individual dispute between you and the business operator. Whether such disadvantageous treatment has already occurred, or was attempted, must be resolved by a decision-maker in civil procedures (such as a court). If you believe there is reasonable doubt about the treatment you received, you will need to seek resolution by using the Individual Labor Dispute Resolution System at the Prefectural Labor Bureau, or through procedures at court (labor tribunal, provisional disposition, or civil litigation). Please understand that the Agency can only confirm whether the business operator has taken the required “system development” measures.

[Reference] Q&A on Dismissal and Other Disadvantageous Treatment | Consumer Affairs Agency

2. Regarding “Guidance to the company and formulation of recurrence prevention measures”

In general, the Consumer Affairs Agency may, pursuant to Article 15 of the Whistleblower Protection Act (collection of reports, advice, guidance, and recommendations), take action regarding whether a business operator has established the required internal system for appropriate responses to whistleblowers. This is separate from individual disputes involving whistleblowers.

As stated above, the Agency has no authority to instruct a company or formulate recurrence prevention measures in relation to individual cases.

Therefore, for matters already reported, please consult with the administrative authorities that do have authority to impose dispositions or recommendations, such as the Ministry of Health, Labour and Welfare (Labor Standards Inspection Offices), the Ministry of Economy, Trade and Industry, or the Financial Services Agency.

In addition, depending on the nature of the case, you may need to consult or report to the competent ministry under relevant laws (for example, the Construction Business Act). Please refer to the “Search for Administrative Agencies Handling Whistleblower Reports and Consultations” on the Consumer Affairs Agency’s website.

The report you submitted to the Agency will only serve as the starting point for such contact with the business operator.

3. Regarding the request for “Withdrawal of unjust treatment against the whistleblower”

As mentioned, the Agency cannot respond to individual cases. Whether you qualify as a “whistleblower” under the Act, whether the treatment qualifies as “unjust treatment,” and whether a “withdrawal request” is appropriate, must ultimately be resolved through civil procedures before the courts. Please first consult with the Labor Standards Inspection Office where you filed your report.

For your reference:

1. Lawyer association specialized consultation windows

https://www.caa.go.jp/policies/policy/consumer_partnerships/whisleblower_protection_system/contact/assets/consumer_partnerships_cms205_240712_01.pdf

2. Consultation windows for harassment and other issues (Labor Bureaus and Labor Standards Inspection Offices)

https://www.mhlw.go.jp/general/seido/chihou/kaiketu/soudan.html

The Agency will continue contacting you by email to avoid any miscommunication.

If you have any questions about the above, please reply to this email.

Consumer Affairs Agency

Office of the Director (Whistleblower Protection and Cooperation)

Kasumigaseki 3-1-1, Chiyoda-ku, Tokyo 100-8958

Central Government Building No.4, 6th Floor

Email: g.koueki24@caa.go.jp

📎The original Japanese evidence document (PDF) is attached below for reference.