engelberg - Toshiba
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to demonstrate a deep level of commitment and loyalty to their corporate
managers.21 Under the principles of makoto, it is disrespectful for an employee
to speak or act outside the scope of his or her prescribed position.22 This belief
system prevents many individuals from challenging the decisions of their
superiors, and discourages them from disclosing any problems that may
arise.23 In return, superiors will often reward their most loyal employees with
respect, appreciation, and even promotions.24 Thus corporate managers are
able to consolidate their power by surrounding themselves with employees
who are committed to following their orders.
In addition to the values of makoto, Japanese ideas of cultural harmony also
play a big role in facilitating corporate misconduct. At its core, cultural
harmony can be best described by the Japanese proverb, “the nail that sticks
out gets hammed down,”—meaning that its better to follow the group than to
stand out25 Thus, “groupthink” dominates Japanese corporate culture.26
15 Bruce E. Aronson, The Olympus Scandal and Corporate Governance Reform: Can Japan Find a
Middle Ground Between the Board Monitoring Model and Management Mode? 35 J. JAPAN. L 85, 100 (2013)
available at https://sydney.edu.au/law/anjel/documents/2013/ZJapanR35_05-Aronson.pdf.
16 Morgan & Burnsid, supra note 7, at 177.
17 Id.
18 See id.
19 See id.
20 See generally id.
21 See id.
22 Id.
23 See id.
24 Id.
25 Julian Ryall, Scandals Soil Japan’s Corporate Giants, SOUTH CHINA MORNING POST, (Nov. 22, 2015,
12:00 PM), http://www.scmp.com/business/companies/article/1880062/scandals-soil-japans-corporate-giants.
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Oftentimes, employees will use groupthink to rationalize the validity of
impermissible acts by concluding that other employees exhibit the same
behavior.27 Under such cultural norms, widespread corporate fraud is easily
achievable and oftentimes goes unnoticed.