Preferred Citation: Woodall, Brian. Japan under Construction: Corruption, Politics, and Public Works. Berkeley, Calif:  University of California Press,  c1996 1996. http://ark.cdlib.org/ark:/13030/ft5489n9zf/


 
Two Public Works Bureaucrats Under Siege

The Publics Works Bureaucrats

The central headquarters of the Ministry of Construction ( Kensetsusho or MOC), located in Tokyo's Kasumigaseki District, stands at the


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apex of a bureaucratic network whose nationwide embrace links the coutry's center and periphery. With its control over 8 to 14 percent of Japan's general accounts budget and a quarters of total allocations of the Fiscal Investment and Loan Plan (the " second budget"), MOC is among Japan's most powerful disbursers of public funds. Even officials of the Ministry of Finance, the vaunted "bureaucrats of the bureaucrats," concede that the relative power of MOC and the other spending minitries has increased in recent times (pers. interview). Public works expenditures, the " treasure mountain" under the bailiwicks of MOC and other spending ministries, account for nearly one-third of the Japanese government's general accounts budget.

Despite being nicknamed " Kasumegaseki's money-power gang," MOC's bureaucratic officers suffer from a lingering sense of inferiority. In the popular perception MOC is considered a " third-rate ministry"—or, optimistically, an " ultra-second-rate-ministry"—in contrast to the Ministry of Finance and the Ministry of International Trade and Industry (MITI). Reputed to be among the most politicized of Japan's central governmental ministries, MOC is alledgely a "politically driven pork barrel" for the Liberal Democratic Party. Some political commentators even go so far as to claim that the ministry became the exclusive preserve of the LDP faction commanded successively by Tanaka Kakuei, Takeshita Noboru, and Kanemaru Shin.[2] In the wake of the reforms of 1993, some believe Ozawa Ichiro, who seceded from the LDP and founded the shinsei Party, became the political master of MOC. The zenekon scandal dealt a severe blow to MOC's prestige, prompting one publication to claim that, for the moment, the ministry had "the worst reputation among government agencies" (Omiya and Group B 1993, 136). Moreover, MOC is relegated to the secondary category of a "project ministry"—or "contracting ministry"—compared with the more prestigious "policy ministries." Efforts to convert MOC from a "tinkering agency" into a "thinking agency" have done little to alter its reputation. Nonetheless, the ministry plays the part of "godfather" to Japan's gargantuan construction industry, wielding powers that are said to be relatively greater than those possessed by MITI over its private-sector clients (S. Matsumoto 1974, 134–35).


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MOC's Structure and Mission

Created in the postwar era, MOC is an offspring of the Home Ministry (Naimusho), the most powerful and prestigious agency of the prewar state, which was dismantled as part of efforts by the Supreme Commander of the Allied Powers to remove "militaristic" vestiges from the governing order. Established on 10 July 1948, MOC inherited the organizational structure and functions of the Civil Engineering Bureau (Doboku Kyoku) of the Naimusho. Under the post-Naimusho system, MOC was to administer the tasks of reconstructing and maintaining public-sector facilities, supervising infrastructure development, and overseeing public works projects.

Although the Naimusho was disbanded and its powers distributed to other ministries (e.g., Labor, Home Affairs, Health), only a small fraction of ex-officials of the defunct ministry (most of whom were attached to the police apparatus) were purged. The Occupation officials who disbanded the Naimusho, it seems, "had no inkling of the breadth and depth of its institutional memory and the force it would retain long after its demise" (van Wolferen 1989, 361). Thus MOC was run and staffed by members of the old Civil Engineering Bureau, who soon earned the sobriquet "domestic bureaucrats" (naimu kanryo )—a term denoting their supposedly myopic attitude vis-à-vis international affairs—a nickname that continues to stigmatize MOC officials today. Indeed, MOC was so insulated from the buffeting of foreign pressure that it was not until the Spring of 1987, in the midst of the Kansai Airport crisis, that the ministry established an Office for International Planning.

The Law for the Establishment of a Ministry of Construction (Kensetsusho Setchi Ho ) spells out the formal functions and organizational structure of MOC. Those functions include (1) national land and regional planning; (2) city planning; (3) administration of projects concerning rivers, coastline, erosion, canal, and flood prevention; (4) management of roads and tramways; (5) supervision of the Japan Highway Corporation; (6) construction of housing and preparation of residential land; (7) supervision of the Housing Finance Corporation and the Japan Housing Corporation; (8) supervision of the construction industry; (9) building and repair of public


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edifices; (10) the survey of land and adjustment of maps; and (11) the conduct of research on matters related to civil engineering and architecture.

At the time of its establishment, MOC was composed of seven headquarters bureaus—a Minister's Secretariat, General Affairs, River, Road, City, Building, and Special Construction—and six regional construction bureaus (Tohoku, Kanto, Chobu, Kinki, Chugoku-Shikoku, and Kyushu). Forty years later, the number of headquarters bureaus was reduced to six (the Special Construction Bureau having been absorbed into the Minister's Secretariat), and two regional construction bureaus were added (one for Hokuriku, and the creation of separate organs for Chugoku and Shikoku). MOC also oversees the Geographical Survey Institute, the Public Works Research Institute, the Construction College, and other auxiliary organs. Thus MOC's formal administrative structure extends into virtually every locality of the country except Hokkaido and Okinawa, which are administered by separate agencies under the auspices of the Office of the Prime Minister.

In 1992 MOC's nationwide organizational network included 8 regional construction bureau offices, 232 work offices, and 654 branch work offices. A typical regional construction bureau is divided into six departments (General Affairs, Land Acquisition, River, Road, Public Buildings, and Planning), which are, in turn subdivided into two to six sections.Each of the twenty or so sections has a central work office and five or six branch work offices scattered throughout its region.

MOC's "Two Species"

At the time of its creation, MOC's internal sections, affiliated organs, and local branches employed slightly less than 6,000 individuals. The ministry's workforce rose precipitously up through the mid-1960s, to more than 35,000 names, but it has declined steadily ever since, standing at 24,490 officials 1992. Like officials in all central state ministries in Japan, MOCs officials fall into two distinct categories, depending on whether they entered the ministry after passing the Class A or the much less demanding class B segment of the Higher-Level Public Officials Examination. The former are referred to as "ca-


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reer" officials, while the vastly more numerous latter group is known as the "non-careers" (non kyaria ). What most differentiates the two groups of bureaucrats is the nature of their respective promotional tracks: career officials are eligible for promotion to the top administrative posts within the ministry, whereas the noncareer counterparts are not.

The elite status of MOC officials is indisputable. Like their counterparts in Japan's other central state ministries, the vast majority of MOC's career bureaucrats are graduates of the country's most prestigious educational institutions. It is said that aspiring officials with both intellect and connections gravitate to the Finance Ministry, while those having only the former become construction bureaucrats (van Wolferen 1989, 119). Though MOC usually falls behind the Finance Ministry, MITI, and the Economic Planning Agency in its attempt to woo the elite university graduates, it thus quite well compared to the other spending ministries. In 1987, for example, 44 percent of MOC's 263 upper-level officials hailed from the University of Tokyo (Tokyo Daigaku, or Todai), and 21 percent from the University of Kyoto (Kyoto Daigaku, or Kyodai), both universally acknowledged as the country's premier institutions of higher learning (Kensetsusho meikan 1988).

With respect to their elite status, Japanese government bureaucrats have much in common with the grand corps of the French civil service and little in common with the patronage-ridden Italian state bureaucracy. Like their French counterparts, Japanese officials are recruited from the country's most prestigious educational institutions by way of a rigorous examination system. n addition, the Japanese bureaucracy, like the French executive branch, plays an important role in initiating and drafting public policies. In Italy, in contrast, there is an increasing trend toward the "southernization" of the bureaucracy: though the South accounts for only about one-third of the total population, it produces about 70 percent of all civil servants and over 80 percent of the highest-ranking civil servants. Furthermore, it is estimated that between 1973 and 1990 nearly 60 percent of those who aquired permanent posts in the Italian government bureaucracy were recruited without entrance examinations, and that many civil service postings were secured to through selective appointments by Christian


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Democratic politicians (see Cassese 1993). While there are sporadic reports of LDP meddling in bureaucratic personnel matters, Japanese officials continue to be a meritocratic elite whose policymaking roles and functions warrant attention.

There is an old Japanese saying: "He who is not a graduate of Todai's Law Faculty does not become a bureaucrat." Although somewhat less applicable today than in previous times, the traditional "doctrine of law faculty omnipotence" continues to characterize the general state of affairs for career-level personnel in the central state bureaucracy. But unlike other ministries, MOC allows both administrative generalists and technical specialists the opportunity to assume the top administrative post—thus the ministry's nickname "technical heaven" (Jin et al. 1981, 201).

MOC's "administrative officials" (jimukan , or jimuya ) are generalists, most of whom are graduates of law or economics faculties. The "technical officials" (gikan , or gijutsuya ), who constitute about 60 percent of all MOC officials, possess specialized skills acquired from training in engineering, architecture, and other technical fields of study. Compared to their counterparts in commissioning agencies in the United States, MOC's technical specialists perform a larger share of the design services involved in public works projects. A typical entering class of new staff includes some fifteen generalists and between sixty-five and eighty specialists, about half of whom have been schooled in civil engineering. While technical specialists outnumber administrators in the regional construction bureaus, local branches, and auxiliary organs, the administrative generalists predominate in the upper-level bureaucracy at MOC's Kasumigaseki headquarters.

Some observers liken MOC to a niche inhabited by "two species" or to "two government offices inside a single government agency." Indeed, relations between the species are not always cordial, and there is an ever-present undercurrent of "factional conflict" (Honda 1974, 193). On occasion, members of the opposing camps have refused to acknowledge one another in the corridors of the ministry's headquarters (Y. Ito 1978, 67). However, when schisms appear within a camp—such as rifts between civil engineers and city planners —they serve to forge alliances between the technical and administrative officials at the bureau or section level (pers. interview).


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Two Ladders to the Top

The story of how the technical specialists came to alternate with generalists in occupying MOC's foremost leadership position is enlightening. Before World War II technical officials in the Civil Engineering Bureau were not promoted above the rank of section chief in the ministry's headquarters or head of the civil engineering department in its prefectural branches. The clique of Todai Law Faculty graduates, particularly those in the powerful River Section, repeatedly fended off the efforts of specialists to achieve loftier posts. After the war, during the U.S. Occupation, the economic stabilization measures mandated in the Dodge Line placed a high priority on the construction of a modern network of roads. In fact, General Douglas MacArthur's first directive upon landing in Japan was to order the repair of roads linking Atsugi, Yokohama, and Tokyo (Nishioka 1988, 1). Civil engineers in the Road Section, such as Iwasawa Tadayasu, who secured an appointment to the post of Road Bureau chief, seized upon the opportunities that such a shift in priorities presented.

With the disbanding of the Naimusho, technical specialists united in the drive to have one of their own installed as administrative vice-minister (jimujikan ), the highest career civil service position in a government ministry. These efforts might well have been fruitless had it not been for the Occupation officials' preference for "scientific administration" (for which, presumably, officials with a technical bent would be valuable assets). Moreover, the new ministry was created during the brief reign of the Socialist-dominated cabinet of Katayama Tetsu (1947–1948). Cabinet member Nishio Suehiro vociferously opposed the appointment of Ohashi Takeo, a former police official and heir apparent, to the vice-minister's post because, Nishio claimed, Ohashi had victimized him when Ohashi served as chief of the Okayama police. And so, on 10 July 1948, Iwasawa became the first technical specialist to succeed to the vice-ministership, a triumph that inspired other technicians—notably the "Kyoto University Gang of Four"—to seek employment with the fledgling ministry.[3]

Though it may have been bloodless, the coup by MOC's technical officials was not uncontested. An experience recounted by Kobayashi Yosaji, an MOC official during Iwasawa's tenure and later the presi-


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dent of Nippon Television Company, illustrates the mood at the time: One evening, Kobayashi, then chief of the documents section of the Minister's Secretariat, paid an unnanounced visit to Iwasawa's private residence, where he was greeted at the door by the vice-minister's wife. At the sight of an unfamiliar face, and without an instant's hesitation, she asked, "Are you a specialist or a generalist?" Kobayashi was left with the distinct impression that had he confessed to being a generalist, he would have been ordered to go around to the servant's entrance (Kanryo kiko kenkyukai 1978, 28).

Upon Iwasawa's retirement in March 1950, Nakata Masami, a generalist, was appointed to the post of vice-minister, initiating what has become an unwritten, but inviolable, law at MOC, that the top post alternates between technical and administrative officials—usually changing hands every two to three years (see Appendix B). Yet an element of bitterness persists among generalists concerning this system. From their vantage, some of the technicians who assume the vice-ministership are "technical fools," officials with specialized training and shallow administrative experience (pers. interview).

On their way up the ladder in MOC, generalists and specialists pursue separate paths. A new generalist typically serves a one- or two-year apprenticeship in the Kasumigaseki headquarters, where he or she will be promoted to chief clerk and deputy section chief. (These are the highest posts to which noncareer officials may aspire.) After serving several years in these posts, the generalist is dispatched outside the capital as section chief in one of the regional construction bureaus or "loaned" to a prefectural or municipal government. After two to four years in the hinterland, the now-seasoned generalist is summoned back to Kasumigaseki to serve as deputy section chief. He or she then proceeds through a succession of regular promotional steps—specialist official, planning specialist, and subsection chief—leading to the post of section chief. At this juncture, the official has amassed about two decades of experience at MOC, and a fair number of colleagues from the entering class will have already left government service. From this point on, the competition for promotion to the top positions in the ministry intensifies. The most fortunate generalists advance to the post of chief in one of four key sections (Personnel, Documents, Finance, and Policy) in the Minister's Secretariat,


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and then to deputy-director and director of the Minister's Secretariat, Economic Affairs, or Housing Bureau. When the worthiest generalist secures the position of vice-ministership, the others remaining from his or her entering class resign shortly thereafter in order to give the new vice-minister unquestioned seniority.

For MOC technical specialists, in contrast, the first assignment, after a brief stint at ministry headquarters, is to a regional construction bureau. After eight or nine years of gradually moving up the administrative hierarchy, the technician is transferred to Kasumigaseki, where he or she feels very much like a "freshman in the headquarters office." A series of promotions at headquarters is followed by another assignment to a regional construction bureau, this time as an upper official. With luck, the technician is recalled to Kasumigaseki to become chief of the Planning Section of either the River or the Road Bureau. The technical bureaucrat deemed the "flower" of the entering class is eventually promoted to the post of vice-minister for engineering affairs (kensetsu gikan ). And, under the alternating scheme, this technician may advance to the vice-ministership.

Thus the career tracks of generalists and technical specialists are entirely discrete except for the alternation in the vice-ministership. No crossover occurs, for example, at the second highest posts in the respective career ladders, deputy vice-ministership for administration and vice-ministership for engineering affairs. Generalists invariably stand at the head of the Minister's Secretariat, Economic Affairs (dubbed the "Construction Industry Bureau"), and City Bureaus, while specialists lead at the River and Road Bureaus. The lone exception to this rule is the directorship of the Housing Bureau, where generalists and technicians constitute almost equal shares of the bureau's rank-and-file. However, inasmuch as an architect has never ascended to the top post at MOC, specialists regard the post of Director of the Housing Bureau as a promotional cul-de-sac. (Upon appointment to this post, Mihashi Shin'ichi is said to have behaved as if he had been fired rather than promoted to a directorship within the ministry.

While a balance of power prevails in the uppermost posts in MOC's head office in Kasumigaseki, the relative presence of generalists is most apparent in the middle echelons of ministerial leadership. Meanwhile, technical specialists—who wield greater influence in


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budgetary matters—dominate the upper administrative posts in the ministry's regional construction bureaus, auxiliary organs, and local branch offices.

Politics and Personnel: The Kono Tempest

Atop the formal hierarchy of MOC are two politically appointed officials, the minister and parliamentary vice-minister of construction. These individuals, however, generally maintain their distance and do not attempt to meddle with MOC's unwritten personnel laws. The one exception to this tradition was Kono Ichiro, minister of construction during the second and third Ikeda cabinets (1962–1964), whose brazen meddling in the personnel system temporarily upset the balance of power at MOC.

Upon assuming office, Kono is rumored to have told the assembled hierarchy of the ministry: "Forget about the past. Those who cooperate with me, stay. Those who won't cooperate, oppose [my orders], or are incompetent, leave" (Kanryo Kiko Kenkyukai 1978, 30). He then proceed to do as he wished, ignoring the supposedly inviolable precepts of the delicately balanced personnel system. In one action, he demoted Maeda Koki, then director of the City Bureau, to the relatively insignificant post of director of the Government Buildings Bureau (since downgraded to a department under Minister's Secretariat), instead of promoting Maeda to the top post in Housing Bureau for which he had groomed. The alleged reason for this demotion was Maeda's failure to greet Koono properly when the two crossed paths in a ministry washroom. As it turned out, the extremely nearsighted Maeda happened not to have been wearing his eyeglasses at the time of the happenstance encounter. When Kono realized his error, he had Maeda promoted to director of the Housing Bureau, a waystation on the fast track to the vice-ministership, a post Maeda ultimately secured (ibid. 31–33).

Kono also shattered MOC's unwritten covenant by insisting on the appointment of generalists to the directorships of the Kanto and Chubu Regional Construction Bureaus. But his most controversial act was the rare interministerial transfer of three of his generalist disciples from the Police Agency into high-level posts at MOC. In one


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stroke, Kono not only breached the etiquette of noninterference and the wall between generalists and specialists but also reignited the enduring grudge between the civil engineering and police wings of the old Home Ministry, the Naimusho. MOC officials, many of whom had begun their careers in the Home Ministry, were nonplused, to say the least, at finding themselves once again in the midst of police officials, and several offered their resignations in protest (ibid, 30–31). Among those who retired were the vice-minister for engineering affairs and the director of the Road Bureau. After Kono's own departure, the delicate informal balance between generalists and technicians was quickly restored.

Several observers have depicted Japan's government bureaucrats as minions cowering in the shadow of their legislative overlords (e.g., Ramseyer and Rosenbluth 1993, 110–12; McCubbins and Noble 1993, 15–16). But the Kono tempest raises doubts about such analyses. While cabinet ministers do, in fact, wield formal authority over promotions, evidence from MOC and other ministries suggests that the exercise of such authority is the rare exception and not the rule. As a temporary "visitor" in the ministry, a cabinet minister finds it difficult enough to attain even moderate competency in policy matters, let alone delve into personnel. Another deterrent to personnel matters is that those bureaucrats who are promoted as a result of political meddling often find that their career advancement suddenly slows down when the parliamentary patron leaves the minister's chair (pers. interview). At any rate, instances of politicians meddling in bureaucratic personnel decisions are rare enough to become front-page news when they occur. Aside from the Kono tempest and several legendary episodes at MITI, there have been few documented cases of significant partisan intervention in bureaucratic promotions.[4]

Public works bureaucrats, on the other hand, have candidly admitted in interviews to showing favoritism in promoting the careers of politicians who cooperate in securing passage of policy and budgetary proposals. Often this favoritism takes the form of giving advance notice of a policy decision to a politician, enabling the preferred legislator to be the first to claim credit. Other times preferential treatment is given in bidder-designation decisions for public works projects. Bureaucrats can also delay or divert projects supported by meddle-


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some politicians; they can withhold or distort information; and they can take significant liberties in the implementation of policy. As politicians the world around have discovered, bargaining with bureaucrats is often more effective than attempting to maximize control over their activities.

Personnel "Loans"

MOC's hub-and-spoke administrative network spreads outward from Tokyo to nearly every district in the country. In addition, MOC exerts considerable informal influence over the construction bureaucrats at the prefectural and municipal levels. The principal medium for the exercise of this influence is the institutionalized practice of temporarily "loaning out" (shukko ) midcareer MOC officials to local bureaucracies and public corporations. Among high-level headquarters officials in 1987, more than two-thirds of the generalists and 41 percent of the specialists had been loaned-out at some point in their career (Kensetsusho meikan 1987). These officials typically spend from two to four years as departmental or section chiefs attached to prefectural or municipal bureaucracies. The generalists serve in a diverse range of administrative areas, while specialists tend to be clustered in civil engineering posts.

MOC also "loans" midcareer officials to public corporations, particularly those under the ministry's jurisdiction. In October 1987, for instance, 43 MOC officials were on loan to public corporations. (By way of comparison, the Ministry of Labor had loaned out 45 employees; Agriculture, 25; and MITI, 23; Amakudari hakusho 1988, 306.) Of the 16 on-loan officials attached to the Hanshin Superhighway Corporation in 1987, half were midcareer MOC bureaucrats, the rest hailing from prefectural and municipal governments in the Kansai area.


Two Public Works Bureaucrats Under Siege
 

Preferred Citation: Woodall, Brian. Japan under Construction: Corruption, Politics, and Public Works. Berkeley, Calif:  University of California Press,  c1996 1996. http://ark.cdlib.org/ark:/13030/ft5489n9zf/