A man who found and reported a lost bankbook claimed 15% of the legitimate owner’s $200,000 bank balance as a finder’s reward, and courts agreed the owner must pay.
The case began when a Niigata prefecture man found a lost bag containing bankbooks, payslips and a legal seal, with the books belonging to an account with an apparent balance of ¥17,000,000.
He immediately reported the find to police, and the lost items were returned the same day to their owner.
Here things began to go awry; the owner of the bankbooks offered not one yen in reward money for the prompt return of the bag, even when asked by the finder – in Japan the “grateful” owner of a lost item is expected to offer a reward commensurate with the value of the lost item or of at least a respectable amount.
The finder soon filed a court case demanding 15% of the bank account’s balance as a reward, based on the owner not fulfilling his legal obligations to provide a reward under the Lost Articles Law.
Japanese law treats the appropriation of lost articles by finders as theft; the legally correct action is to report the incident to police, who will then retain the article for 3 months whilst searching for the owner.
If nobody claims the article it normally becomes property of the finder, except where items containing personal information are involved.
With a generally law-abiding populace, the reporting of lost property is common – in 2009 some 17 million articles were reported to police, 6 million of which were returned to their owners, and 7 million to finders. 450,000 unclaimed articles were withheld based on personal information being present.
This included ¥14,200,000,000 in cash, ¥9,700,000,000 of which was returned to the original owners, and ¥3,800,000,000 to finders.
However, if the article is claimed by the original owner, the law requires the owner to pay the finder a reward, from 5-20% of the object’s value. Failure to do so can result in civil courts forcing a payment if legal action is taken by the finder.
This is a simple matter where cash is involved, but a complex legal issue where many other items are concerned, as their “market value” must be determined.
Mangaka Takashi Tajima, author of several legal manga and a lawyer himself, explains:
“From the perspective of the side losing a bankbook or similar, its effectively a worthless scrap of paper as once reported to a bank it can no longer be used at all, meaning a small reward is justified at best, but the finder is likely likening it to actual cash as if he was criminally inclined he could quickly take it to the bank and make a withdrawal before it was cancelled.”
There have in fact been several high profile cases around just this issue.
In one case in 1983, a bank employee managed to lose a cheque for ¥7,800,000,000. Courts then valued the actual cheque at 2% of its face value, and then ordered the bank to pay a 5% reward to the finder, totalling ¥8,750,000.
In 1991, a lost promissory note was valued at from a half to a third of its face value, resulting in a ¥850,000 payment to the finder being ordered .
Such cases also raise the intriguing possibility that having property returned could actually be far more damaging than losing it in the first place, and more profitable (and legal) for the “honest” finder.
Indeed, it might be less risky for those losing such articles to not claim them at all, since once cancelled they lose all value, and any attempt to use them constitutes a serious crime for which no reward need be paid and liability is generally limited.
These cases are at any rate the exception rather than the rule, a court official says: “Usually these are resolved with a ‘thank you’ payment of 50-100,000. It seems in this case the finder became upset however…”
The case finally concluded with the owner demonstrating that the account in fact only held ¥8,000,000, with the court suggesting a minimal 5% payment – both sides finally agreed on a compromise ¥300,000 “reward.”
It is not clear just what the moral of all this for both finders and losers is.
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I had my briefcase pulled out of my hand while trying to exit an insanely crowded train in Japan. I called the Lost and Found and they told me to come back the next day to find the item and ID it. Fortunately it was there and the train companies don't charge 10%. However, the warehouse where they kept lost items was mind-boggling. By law they have to keep lost items for a year. And entire corner of the place was filled floor to (4m--I asked) ceiling with umbrellas. The guy said they went back three layers deep, too. There must have been tens of thousands.
There were huge piles of amazing stuff. Computer CRTs in unopened boxes, stacks of word processors (simple laptops, this was a quite a few years ago). My favorite by far was a corner filled with canes and crutches. I mean...WTF? How do you forget a goddamn crutch?
I've heard that over the last few years a lot less stuff is being turned in. Sadly, Japan is losing its reputation for almost universal honesty.
Hmm, I owe 15% of my bank account? My account is overdrawn $1,000. You now owe me $150 for finding my bank book. Congratulations.
hahahaaaaaaa its genius
Excellent.
+1
DAMNIT
I saw the pic and thought it was a "Kaiji season 2 announced" article.
Me too! Goddamn it.
ZAWA ZAWA
I don't think even Kaiji would be THIS ruthless. He'd crumple from the moral dilemma and scream at the heavens. XD
Sounds fair enough. If you lose it and someone is gracious enough to return instead of keeping it...they more than deserve a little something for their troubles.
They should instead call it the "Lost Objects Law" or LOL.
Smart man. I applaud the plaintiff for taking advantage of this loophole.
It's a reasonable law. Otherwise, the full temptation would be on theft, technicality of a banker's note aside.
If you find something of value but instead of keeping it (stealing, by default) yourself you make an attempt (at least via the authorities) to find the owner, you are doing that person a service. A reward of some of that value is expected.
Expected... perhaps, but required by law? No.
It sounds like a good law in theory, but here we have an example that it's flawed.
If I do losing something in Japan, I just hope the finder isn't a greedy bastard otherwise I'm screwed.
Me personally, I'll will give something in return to a finder for his kindness in returning my stuff. Treat him to lunch, gift card and maybe some cash. : P
Errr isn't that the same thing as the 5-20% rule?
Someone finds your mobile phone ($300) and you treat him to lunch ($10-$30).
So you better hope Luffy, Hei, Goku or Index don't find your phone. I have a feeling the lunch is gonna cost a lot more than $30.
Isn't it easier to pay him back in %15 of the pages out of his book?
He's legally obligated to give a reward... THAT'S NOT HOW IT WORKS!!! If a reward is given to you because of legal obligation it's not a reward.
Really none of them look good here
It's greedy to demand money to return a persons property.
and it's bad manners not to offer any compensation for a good deed.
It doesn't have to be money, could be some kind of favor like some free meals etc.
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And here I thought Japanese people returned lost items because they were honest, not because they were expecting a reward afterwards.
One more myth dispelled!
I prefer a 100% finders reward.
Give the entire bankbook to the finder at the court and ask your bank for a new one the day before. He can't use yours anyway, as that would be against the law, and if you got a new one, it isn't even valid anymore. And the finder got 100% of the found item as a reward, case closed.
Moral??? There is none. If it's immoral then there is one. GREED!
What a backward country.
In the rest of the first world people have accounts independent of their cards (which only represent access) and can just go to their money institute to get a new one and have the old one blocked..
Loser loses.
It's a bad law but let's keep in mind the owner was a cheap fuck who wouldn't give the guy 5% or even a lesser token sum. Maybe he insulted him as well... who knows.
I mean, most of you seem to think this guy did wrong, but despite the fact that the service he provided was worth far less than 15% he was in fact legally entitled to 5% regardless of what you think about the law.
The lawbreaker here was the owner. The finder didn't get uppity about a bigger sum until he got no reward at all.
No reward? At least give me some candy or a dinner and a movie.
Note to self steal someone belongings and report it stolen. get off Scot free and get paid for it.
I wouldn't give shit for sure.
That is the most messed up law I have seen in awhile, and lets face it, if you spend anytime on this site that is saying something.
Fuck yeah, Kaiji !
Note to self: Never lose anything in Japan.
Fixed: Never lose anything anywhere like a total dumbass.
No kidding! I'd have to calculate my losses before even considering trying to retrieve it.
Would you prefer to lose your stuff in other countries, where it's as good as gone? If someone were to actually return it, that person immediately gets praised in the papers for his honesty. Now that's just screwed up, like saying it takes a truly special person to return lost items.
Nor help little girls... nor look at them straight to the eyes... or sneeze... know what, don't go to Japan after all.
wtf.the owner should just report the loss to the bank and they will cancel the book and make a new one.or in japan it does not have the card loss policy apply to the book?
apparently not lol! might as well save ur money in ur socks
wtf.maybe this is y my grandparent moved into developing country.it has better n secure banking protection!
Holy Fuck... >_<
Not a drop of human kindness in this world lately, it seems. :(
That finder is such an assbag. You return things in good faith, not return it and expect a wad of cash. May as well just steal that shit if he wanted money that badly.
If one random article on sankaku is enough to make you believe so, there's seriously something wrong with you.
Unfortunately, human kindness does not put food nor, more importantly, kawaii anime figures on one's table.
Seems like a trend in Japan, I'm sorry but some of the most outrageous news comes from Japan. Specifically their legal system. That bankbook, had zero value, if it was used it would be criminal. An act of a possible crime can NOT give something value, that's the opposite of value. To value a check book at the value of which is in the bank is ludicrous because the banks whole purpose is to safe guard your money, and to prevent people from taking the money who are not authorized.
you set places on the table for your figures too?!!
And what if you can't afford the table!?
Wait wait. But what if you "find" someone's car instead of a table? If you "find" someones lost benz you stand to make out quite well...then you'll have your table, and money to put food onto it (for you and your figures)
i wonder if the saying "it's nothing personal, it's just business" would apply here ._.
on the topic of the table, food for you and your figurines... you're also forgetting air conditioning, air filtration system, wardrobe and other necessities... shame on you
"And what if you can't afford the table!?"
Then you steal a table and return it to the police in hope of a reward. Steal till you get what you want. Remember if you get caught and thrown in jail there will be butt secks and cock-meat sandwiches ready to order. Then you'll never go hungry or need a table and cell mates can be cool figures.
don't forget the miniature plates and utensils
It can if enough people cared enough.... but there aren't enough people who really *do* care.
About human kindness putting food on the table, that is.
Still, 15% Finder's Fee is far better than the 100% Finder's Fee someone pulled on me when I lost my wallet in the back of a cab years and years ago. Learned an important lesson that day: Never leave foldable money in your wallet. And to date, I have not lost anymore month's rent since. An expensive lesson, but still one well-learned.
Still doesn't excuse the mercenary attitude the fucking plaintiff pulled in this article's story though.
We got a 10% of the value given to the finder as a norm. But I don't think you can do anything if they don't pay you.
I believe I heard Touhou was created by one guy alone. And only because he felt like doing so.
I don't feel very sorry for the people who lost stuff and had to pay. I have never lost my wallet or keys or in fact anything else important that I can remember. Why? Because if it is important I don't leave it laying about. People who lose stuff have only themselves to blame.
Greed.
It is only natural for humans.
A greed with no limits
I'm laughing straight to the bank with this
(Ha ha ha ha, ha, ha ha ha ha)
"Holy Fuck"
Indeed, another fucking from the law.