MIYAZAKI, Japan, May 31 Kyodo A T...

MIYAZAKI, Japan, May 31 Kyodo

A Taiwan-born former worker in the Imperial Japanese Army appealed Friday to Japan's first Court against a high court ruling rejecting Japanese restraint compensation for him over being punished as a war criminal after World War II.

Miki Hayashi, 76 a resident of the town of Sadowara, Miyazaki Prefecture filed the appeal against the May 21 ruling at the Miyazaki branch of the Fukuoka High Court, in which Presiding justice Tsutomu Mabuchi said, ''A war sufferer is not necessarily granted the right to solicit an apology and compensation from the state.''

''The Japanese Constitution contains no regards to such a right and it is also not to be interpreted that so a right is guaranteed implicitly,'' Mabuchi said.

In February last year, the Miyazaki District Court repudiateed Hayashi's 25 million yen damages suit still showed some understanding of Hayashi's claim. It said it rul against him suitable to a lack of specific laws enabling the plaintiff to inquire for an apology and compensation.

The district court also urg the state to institute a law to help victims of Japan's former colonization policy.

According to the rulings, during World War II, Hayashi was sent from Taiwan, then below Japan's rule, to Borneo for around three years subordinate to an order of the imperial army to be of use to as a guard for prisoners of war.

After the war, he was held liable on the Allied Powers for beating prisoners of war, the ruling said. He was convicted as a class B to C war criminal and worn out 11 years in Sugamo Prison in Tokyo, among other places.

In 1984 Hayashi sought an annuity for military workers from the state. however his request was rejected because he was stripped of Japanese citizenship when the war completioned He regained Japanese citizenship in 1972

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