What is "Kasuhara" as it Becomes a Social Issue? Explaining the Measures Companies Should Take and the Crimes Kasuhara May Constitute

In recent years, the situation where employees suffer mental and physical distress due to malicious claims from customers has been recognized as a problem known as “Customer Harassment” (commonly referred to as “kasuhara”).

To protect the working environment of employees, it is essential for companies to take measures against Customer Harassment. Major corporations such as Nintendo and Lawson have already started implementing strategies to combat kasuhara. Furthermore, with the enforcement of the “Tokyo Metropolitan Ordinance for the Prevention of Customer Harassment” on April 1, 2025 (Reiwa 7), although there are no penal provisions, the ordinance clearly states that Customer Harassment is illegal, which is expected to reduce and mitigate the damage caused by kasuhara.

However, many people may feel uncertain about what exactly constitutes Customer Harassment, what kind of crime it corresponds to, and the criteria for judgment and understanding of cases. Therefore, this article will explain the overview of Customer Harassment, the measures that companies should take to prepare for trouble, and how to respond when Customer Harassment actually occurs.

Please refer to this information as you advance your Customer Harassment countermeasures.

Understanding Customer Harassment: What Companies Need to Know

This section explains the fundamental knowledge necessary to deepen your understanding of customer harassment.

Definition of Customer Harassment

The definition of customer harassment (often abbreviated as “kasuhara”) is not explicitly stated in the law. However, based on the results of interviews and surveys conducted by the Ministry of Health, Labour and Welfare with businesses, customer harassment in the workplace is defined as follows:

Customer claims or behaviors where – even considering the validity of the claim’s content -the means or manner used to pursue the demand are socially inappropriate, thereby harming the employees’ working environment.

Ministry of Health, Labour and Welfare | Corporate Manual for Measures Against Customer Harassment

Of course, not all complaints from customers or business partners constitute customer harassment. There are legitimate complaints that seek improvement of products or services.

However, there are also malicious complaints that involve excessive demands or unfair accusations, and such complaints require measures to be addressed as customer harassment.

Examples of Customer Harassment

The following situations are examples of what may constitute customer harassment:

• Demanding a refund despite there being no defects in the product
• Receiving demands unrelated to the service provided by the business operator
• Being physically attacked, such as being hit or pushed against a wall
• Receiving threats or verbal abuse
• Receiving repeated phone calls
• Being forced to apologize on one’s knees
• Refusing a request to leave
• Discriminatory behavior or language
• Sexual remarks or behavior

The nature of customer harassment varies depending on the industry and business type. Therefore, it is necessary to understand the criteria for determining whether an actual incident qualifies as customer harassment.

Criteria for Determining Customer Harassment

Here, we will explain the criteria for recognizing customer harassment.

Is the Customer’s Claim Valid?

When determining whether a claim constitutes customer harassment, it is crucial to assess the validity of the customer’s assertion. If the claim is valid, it should be addressed as a legitimate complaint. However, if the claim lacks a justifiable reason, it may be considered a malicious complaint.

For example, if a purchased product is defective, it is reasonable to apologize and offer an exchange or refund. Conversely, if there is no fault on the part of your company or defect in the product, the customer’s demands can be deemed unjustified.

When faced with a complaint, investigate the facts of the trouble and verify any faults on your part or the basis of the demands.

Are the Means and Manner of the Demand Generally Appropriate?

If the means and manner employed by the customer to realize their demands are not considered appropriate within the bounds of societal norms, the behavior may qualify as customer harassment. Demands that harm the working environment of employees cannot be regarded as legitimate complaints.

Examples of behavior that may lack societal appropriateness include:

• Prolonged complaints
• Violent or intimidating behavior
• Persistent and relentless behavior
• Discriminatory remarks
• Sexual remarks

The criteria for determining what constitutes malicious behavior can vary depending on the industry, business type, and corporate culture. It is necessary to establish criteria for customer harassment that are suited to your company in advance.

Why Companies Should Implement Measures Against Customer Harassment in Japan

This section will explain the necessity for companies to take measures against customer harassment.

Preventing Negative Impacts on Employees

Implementing strategies to combat customer harassment can prevent adverse effects on employees. When employees are distracted by malicious customer complaints and forced to handle them for extended periods, their work performance may suffer. Additionally, they could experience health issues such as sleep deprivation or mental disorders.

Fear and distress from dealing with complaints may also necessitate employee reassignment, leave of absence, or resignation. Companies have a duty of care to maintain a safe working environment for their employees. To ensure that employees can work in a comfortable setting, measures against customer harassment are indispensable.

Preventing Negative Impacts on the Company

Customer harassment affects not only employees but also the company itself. Handling complaints forces the company to spend time on activities such as:

• On-site response
• Telephone support
• Apology visits
• Reviewing response strategies
• Consulting with attorneys

Management resources, including time, budget, and personnel, are diverted, which can disrupt the company’s operations.

Furthermore, if the company agrees to returns, refunds, or compensation claims, financial losses may occur. If complaints become widespread, reputational damage can lead to a decline in the company’s brand image.

To minimize damage when customer harassment occurs, it is crucial to have preemptive measures in place.

Preventing Negative Impacts on Other Customers

Customer harassment can also negatively affect other customers. The atmosphere and environment for other customers can deteriorate at the scene of a complaint.

If staff are diverted to handle harassment, it may result in other customers not receiving the service they expect. Negative reviews from dissatisfied customers may spread, potentially harming the store or company’s brand image.

To resolve issues swiftly before they affect other customers, it is necessary to have customer harassment measures in place.

Preventive Measures Companies Should Take Against Customer Harassment

As previously mentioned, companies across various industries in Japan, including Nintendo, Lawson, JR, and private railway companies, are implementing measures against customer harassment. These measures are, of course, also in place to ensure the safety of employees. We will introduce the preventive measures that companies should take in advance to prepare for customer harassment.

Clarification and Dissemination of Basic Policies to Employees

When advancing measures against customer harassment, it is crucial to first establish and communicate a clear basic policy as a company. By clarifying the basic policy, you can demonstrate the company’s commitment to protecting its employees, thereby providing them with a sense of security.

If the company’s stance is clear, even if an incident occurs, it will be easier to discuss the content of the trouble and resolve the issue. This can also lead to the prevention of recurrence. It is vital that employees perceive the company’s commitment to their protection.

Establishment of a Consultation System

Setting up a consultation system is an important measure against customer harassment. By designating specific responders and establishing consultation desks, you create an environment where employees can easily seek advice.

It is advisable for the consultation responders to be on-site managers or the reporting employees’ supervisors, as they are familiar with the daily situation on the ground, making it easier to respond quickly in times of trouble.

The consultation system should not only address actual incidents of harassment but also provide advice on prevention and determination of what constitutes harassment. Careful consideration of the reporting employees’ mental and physical condition and perspective is necessary while responding.

To ensure smooth consultation, it is essential to establish a system that can coordinate with internal departments and external organizations, such as attorneys.

Development of Response Methods and Procedures

As part of the preparations for resolving customer harassment effectively, it is important to establish response methods and procedures. It is important to anticipate potential issues that could arise on-site and decide on the following:

• Information sharing processes
• Number of people responding to complaints
• Timing and content of apologies
• Recording of phone calls
• How to listen to customer requests

The specific response policy will vary depending on the nature of the business and the type of work. It is crucial to consider various cases and develop response methods that suit your company.

Training for Employees

To make customer harassment measures effective, training for employees is indispensable. Conduct regular training to deepen employees’ understanding of customer harassment.

It is desirable for as many employees as possible to participate in the training. Even mid-career employees and part-timers should undergo training if customer service is part of their job.

The training should cover the following:

• The company’s basic stance
• The consultation system
• Response methods and procedures during trouble
• Key points in dealing with customers

Training is also required for supervisors and on-site managers who will act as consultation responders, not just for front-line customer service employees. If the actions of the consultation responders hinder problem resolution, affected employees may lose trust in the company or their superiors, and therefore, education for consultation responders is equally important.

How Companies Should Respond to Customer Harassment Incidents

This section explains the steps a company should take when faced with an incident of customer harassment.

Verify the Facts

When customer harassment occurs, the first step is to verify the facts of the incident. It is crucial to determine whether the customer’s demands are legitimate or if they constitute malicious complaints.

Objectivity is essential in fact-finding, so gather information not only from the parties involved but also from colleagues and managers. If there is video footage of the incident, it can provide more reliable evidence and testimony for making an informed decision.

If a claim is identified as customer harassment, the company is expected to take actions such as:

• Informing the harasser that they need to leave
• Issuing a ban from the premises

There may be situations where swift action regarding the customer is required. However, it is important to avoid inappropriate responses while the facts are still unclear.

Implement Considerate Measures for Employees

If an employee is a victim of customer harassment, prompt measures must be taken. If the harasser is engaging in violent or sexual harassment, ensuring the safety of the employee is paramount. Supervisors or site managers should take over customer interactions to separate the harasser from the employee. Depending on the situation, it may also be necessary to coordinate with lawyers or the police.

Furthermore, aftercare and regular stress checks are essential for mental health considerations. If there are signs of mental health issues, encourage consultation with professionals or visits to medical institutions.

Consider Measures to Prevent Recurrence

Once a customer harassment issue is resolved, it is necessary to consider preventive measures to avoid similar problems in the future. Sharing the actual incident as a case study is important. This can also be helpful in revising manuals and training programs.

If complaints are arising due to employee-customer interactions, it is necessary to deepen understanding of customer service and strive for improvement.

What Crimes Can Customer Harassment Constitute Under Japanese Law?

Customer harassment can, depending on the circumstances, amount to criminal offenses under the Japanese Penal Code. Here are some examples of actions that can be legally prosecuted.

The Crime of Refusal to Leave upon Demand

If an individual refuses to leave a store or company premises despite being asked to do so without any legitimate reason, they may be charged with the crime of refusal to leave upon demand.

The following is the provision of the Japanese Penal Code that defines this crime:

Article 130A person who, without just cause, breaks into a residence of another person or into the premises, building or vessel guarded by another person, or who refuses to leave such a place upon demand is punished by imprisonment for not more than 3 years or a fine of not more than 100,000 yen.

Japanese Law Translation Database System

The Crime of Coercion

The following is the provision of the Japanese Penal Code that defines this crime:

Article 223(1)A person who intimidates another person using threat to harm the life, body, freedom, reputation or property of another person or by assault, causing the other person to perform an act which the person had no obligation to perform, or hinders the other person from exercising their own rights, is punished by imprisonment for not more than 3 years.
(2)The same applies to a person who intimidates another person, using threat to harm the life, body, freedom, reputation or property of the relatives of the other person, causing the person to perform an act which the person has no obligation to perform, or hinders the person from exercising their rights.

(3)Any attempt to commit the crimes prescribed under the preceding two paragraphs is punished.

Japanese Law Translation Database System

The Crime of Obstruction of Business

Interfering with business operations through violent acts or noise may be prosecuted as the crime of obstruction of business.

The Japanese Penal Code stipulates the following regarding the crime of obstruction of business:

Article 233A person who damages the credibility or obstructs the business of another person by spreading false rumors or by the use of fraudulent means is punished by imprisonment for not more than 3 years or a fine of not more than 500,000 yen.

Article 234A person who obstructs the business of another person by force is dealt with in the same manner as prescribed under the preceding Article.

Japanese Law Translation Database System

Conclusion: Consult a Lawyer for Corporate Measures Against Customer Harassment

Customer harassment refers to situations where an employee’s work environment is harmed by malicious complaints. In some cases, it can significantly damage a company’s productivity, tarnish its social credibility, or even lead to criminal disputes.

To ensure appropriate resolution when such troubles arise, it is crucial to have preventive measures in place. If you feel uncertain about handling customer harassment with your company’s judgment alone, we recommend consulting a lawyer.

By seeking legal advice in advance, you can ensure support in responding effectively, even if the issue escalates.

Guidance on Measures Provided by Our Firm

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