Fourth Administrative Appeal Request - Osaka City Responded "Premised on the Existence of Puberulic Acid," Seeking Revocation of Decision on "No Decision Made, Document Non-Existent"

Kunsei Club Co., Ltd. (Hayashima Town, Tsukubo District, Okayama Prefecture, Representative Director: Masaaki Mori) has filed an administrative appeal request with the Mayor of Osaka City seeking the revocation of the "Non-Existent Non-Disclosure Decision" dated April 20, Reiwa 8 (Daidao No. 8033). This release organizes and publicizes confirmed facts regarding the appeal request submitted by our company and the administrative documents received by our company. This appeal request primarily argues based on the fact that Osaka City itself stated in its response dated May 21, Reiwa 8 (Daidao No. 8072) that "in response to the food poisoning incident, the existence of puberulic acid was premised."

Overview of the Appeal Request

- Appellant: Kunsei Club Co., Ltd. (Representative Director: Masaaki Mori)

- Appellee: Mayor of Osaka City

- Subject Decision: Non-Disclosure Decision due to Non-Existence dated April 20, Reiwa 8, Daidao No. 8033

- Purpose of Appeal Request: To seek a ruling revoking this decision

- Basis Law: Administrative Appeal Act (Act No. 68 of 2014)

Documents Subject to Disclosure Request

On April 4, Reiwa 8, we requested the disclosure of all administrative documents that show the decision-making process by which Osaka City (including the public health center) came to use the term "puberulic acid" in relation to the incident involving products manufactured by Kobayashi Pharmaceutical since March 22, Reiwa 6.

Content of This Decision (Daidao No. 8033)

In response to the aforementioned disclosure request, Osaka City made a non-disclosure decision due to non-existence for the following reason:

"As the city has not made a decision to use the term 'puberulic acid,' no such official document has been created or acquired, and it does not actually exist."

(Source: Non-Disclosure Decision Notice due to Non-Existence dated April 20, Reiwa 8, Daidao No. 8033)

In other words, this decision explains the non-existence of the document based on the logical structure of "no decision made -> document does not exist."

Points Raised in the Appeal Request

In our appeal request, we pointed out that this decision is illegal and unjust, as follows:

(1) Osaka City's Own Statement in Daidao No. 8072

In its "Regarding the Response to the Inquiry Dated May 5, Reiwa 8" dated May 21, Reiwa 8, Daidao No. 8072, Osaka City stated the following:

"In response to the food poisoning incident, the existence of puberulic acid was premised."

(Source: Daidao No. 8072 dated May 21, Reiwa 8)

We stated in our appeal request that this statement indicates that Osaka City performed its duties by "premising the existence of puberulic acid" in the context of responding to food poisoning.

(2) Point Regarding Consistency of Justification

In our appeal request, we pointed out that the reason for non-existence, "no decision made," is inconsistent with the statement in Daidao No. 8072, "was premised." We stated that when an organization shares a premise and conducts operations, a process of information sharing, judgment, and instruction related to the formation of that premise is assumed, and no affirmative grounds have been shown to indicate that administrative documents related to these do not exist.

(3) Regarding the Explanation "Organizational Decision-Making and Practical Premises are Separate"

In Daidao No. 8072, Osaka City added an explanation stating, "Organizational decision-making and practical premises are separate, and there is no inconsistency." In response, we stated in our appeal request that "non-existence of a document" in the information disclosure system means that the document objectively does not exist, and if the fact that it "was premised" exists, then records and information related to the formation of that premise must have existed in some form, and the fact that it does not constitute organizational decision-making is not a substantive basis for the non-existence of the document.

Attached Documents to the Appeal Request

1. Copy of Non-Disclosure Decision Notice due to Non-Existence dated April 20, Reiwa 8, Daidao No. 8033

2. Copy of Inquiry Response dated May 21, Reiwa 8, Daidao No. 8072

3. Copy of Inquiry dated June 9, Reiwa 8

Positioning of This Matter

In order to confirm the administrative response process regarding "puberulic acid" in the red yeast rice related incident of Reiwa 6, we have made information disclosure requests to multiple administrative agencies and have sequentially filed administrative appeal requests against decisions of non-disclosure and non-existence. This matter is one of them. We will disclose information again when the results of the appeals are announced.

Company Profile

- Company Name: Kunsei Club Co., Ltd.

- Representative: Representative Director & Pharmacist Masaaki Mori

- Address: 611-1 Mae-gata, Hayashima Town, Tsukubo District, Okayama Prefecture, 701-0303

- TEL: 086-483-0602

- Email: sales@kunsei.co.jp

Related Site

Red Yeast Rice Problem Verification Site: https://kunsei.com/archives/category/benikoji