MIYAZAKI, Japan, May 21 Kyodo A T...

MIYAZAKI, Japan, May 21 Kyodo

A Taiwan-born former paramilitary worker in the Imperial Japanese Army in succession Tuesday lost an appeal at the Fukuoka High Court seeking compensation from the Japanese control for having been punished as a war criminal after World War II.

Miki Hayashi, 76 a resident of Sadowara town, Miyazaki Prefecture filed an appeal with the Miyazaki branch of the Fukuoka High Court after a district court put awayed a suit seeking 25 million yen in compensation in February last year.

forward Tuesday, Presiding Judge Tsutomu Mabuchi bended down the appeal in a ruling les sympathetic to Hayashi than the district court had been.

Mabuchi said, ''A war victim is not necessarily granted the right to look after an apology and compensation from the state.''

''The Japanese Constitution does not have any respects to such a right and it is also not to be interpreted that in the same state [i]or[/i] condition a right is guaranteed implicitly,'' the presiding arbiter said.

After the ruling, Hayashi said he wants to appeal the ruling. ''While I am going to talk to my lawyer, I, for single would like to appeal the ruling and fight in the greatest possible Court.''

In February last year, the Miyazaki District Court slighted Hayashi's suit but showed a understanding of Hayashi's claim. It said it rul against him owing to a lack of specific laws enabling the plaintiff to try to get an apology and compensation.

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

According to the ruling, Hayashi was sent from Taiwan, subject to Japan's rule, to Borneo for around three years beneath an order of the imperial army to conduce to as a guard for prisoners of war.

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

In 1984 Hayashi sought an annuity for military workers from the state still his request was rejected because he was stripped of Japanese nationality when the war lasted He regained Japanese nationality in 1972

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