Immigration Control and Refugee Recognition Act

If a person who seeks to be registered as provided for under Article 19-23, paragraph (1) falls under any of the following items, or if there is a false statement with regard to the important particulars in the written application or attached documents set forth under Article 19-24, paragraph (1), or statement of an important fact is missing, the Commissioner of the Immigration Services Agency must refuse the registration:

a person who has been sentenced to imprisonment or a greater punishment, and for whom five years have not yet passed since the completion of the sentence or since the day on which the person ceased to be subject to the sentence;

a person who has been sentenced to a fine pursuant to the provisions of the Immigration Control or Refugee Recognition Act or the Act on Proper Employment for Skill Development and Protection of Foreign Nationals in Employment for Skill Development (Act No. 89 of 2016; hereinafter referred to as the "Employment for Skill Development Act") or the provisions of other laws and regulations relating to immigration or labor (except for the provisions prescribed in item (iv)), which are specified by Cabinet Order or the provisions of an order based on these provisions, and for whom five years have not yet passed since the date of having paid the fine or having ceased to be liable to pay the fine;

a person who has been sentenced to a fine pursuant to the provisions of the Act on Prevention of Unjust Acts by Organized Crime Group Members (Act No. 77 of 1991) (excluding the provisions of Article 50 (limited to the part pertaining to item (ii)) and Article 52 of the same Act), or for having committed a crime under Article 204, Article 206, Article 208, Article 208-2, Article 222 or Article 247 of the Penal Code or a crime under the Act on Punishment of Physical Violence and Others, and for whom five years have not yet passed since the date of having paid the fine or having ceased to be liable to pay the fine;

a person who has been sentenced to a fine pursuant to the provisions of Article 208, Article 213-2 or Article 214, paragraph (1) of the Health Insurance Act (Act No. 70 of 1922), Article 156, Article 159 or Article 160, paragraph (1) of the Mariners Insurance Act (Act No. 73 of 1939), the first sentence of Article 51 or Article 54, paragraph (1) (limited to the part pertaining to the provisions of the first sentence of Article 51 of the same Act) of the Industrial Accident Compensation Insurance Act (Act No. 50 of 1947), Article 102, Article 103-2 or Article 104, paragraph (1) (limited to the part pertaining to the provisions of Article 102 or Article 103-2 of the same Act) of the Employees' Pension Insurance Act (Act No. 115 of 1954), the first sentence of Article 46 or Article 48, paragraph (1) (limited to the part pertaining to the provisions of the second sentence of Article 46 of the same Act) of the Act on the Collection of Insurance Premiums of Labor Insurance (Act No. 84 of 1969) or Article 83 or Article 86 (limited to the part pertaining to the provisions of Article 83 of the same Act) of the Employment Insurance Act (Act No. 116 of 1974), and for whom five years have not yet passed from the date of having paid the fine or having ceased to be liable to pay the fine;

a person who is specified in Ministry of Justice Order as being unable to properly perform the support work due to a mental or physical disability;

a person who is subject to a decision on the commencement of bankruptcy proceedings and has not had their rights restored;

a person whose registration set forth under Article 19-23, paragraph (1) has been canceled pursuant to the provisions of Article 19-32, paragraph (1), and for whom five years have not yet passed since the day of the cancellation;

in cases of a person whose registration set forth under Article 19-23, paragraph (1) was canceled pursuant to the provisions of Article 19-32, paragraph (1), and that person is a corporation, an officer (meaning a member executing business, director, executive officer or any equivalent person, and including an advisor, consultant, or any other person, irrespective of the title, who is found to have at least the same amount of authority over the corporation as a member, director, executive officer, or any equivalent person; hereinafter the same applies in item (xii)) of the corporation at the time of the occurrence of the matter which became the cause of being subject to the cancellation, and for whom five years have not yet passed since the day of the cancellation;

a person who has committed a wrongful or significantly unjustifiable act in relation to the laws and regulations relating to immigration or labor, and for whom five years have not yet passed since the day of committing that act;

an organized crime group member stipulated in Article 2, item (vi) of the Act on Prevention of Unjust Acts by Organized Crime Group Members (hereinafter referred to as "organized crime group member" in this item) or a person for whom five years have not passed since the person ceased to be an organized crime group member (hereinafter referred to as "crime group member or former crime group member" in item (xiii));

a minor who does not possess the same capacity to act as an adult in relation to business, and whose legal representative comes under any of the preceding items or following items:

a corporation whose officer falls under any of the preceding items;

a person whose business activities are controlled by a member of an organized crime group, etc.;

a person specified in Ministry of Justice Order as not having the necessary system in place to appropriately perform the support work.

If the Commissioner of the Immigration Services Agency has refused the registration pursuant to the provisions of the preceding paragraph, the Commissioner must notify the applicant to that effect without delay.

If there has been a change in the particulars set forth in any of the items of Article 19-24, paragraph (1), the person who has obtained the registration set forth under Article 19-23, paragraph (1) (hereinafter referred to as "registered support organization") must notify the Commissioner of the Immigration Services Agency to that effect in accordance with the provisions of Ministry of Justice Order.

If the Commissioner of the Immigration Services Agency has accepted a notification pursuant to the provisions of the preceding paragraph, the Commissioner must register the particulars in the registered support organization registry except in the cases in which the particulars pertaining to the notification fall under paragraph (1), item (xii) or item (xiv) of the preceding Article.

The provisions of Article 19-24, paragraph (2) apply mutatis mutandis to the notification prescribed in the provisions of paragraph (1).

The Commissioner of the Immigration Services Agency must provide the registered support organization registry for public inspection.

If a registered support organization suspends or abolishes its support services, it must make a notification to the Commissioner of the Immigration Services Agency to that effect pursuant to the provisions of Ministry of Justice Order.

If a notification has been made pursuant to the provisions of the preceding paragraph to the effect that the support services has been abolished, the registration set forth under Article 19-23, paragraph (1) pertaining to the registered support organization loses its effect.

The registered support organization must perform the support services based on a suitable support plan for specified skilled workers (i) pertaining to the entrustment of the services.

The registered support organization must make a notification to the Commissioner of the Immigration Services Agency of the implementation status of the support services and other particulars specified in Ministry of Justice Order in accordance with the provisions of Ministry of Justice Order.

If the Commissioner of the Immigration Services Agency finds it to be necessary to secure the proper operation of the support services of the registered support organization, the Commissioner may give necessary guidance and advice to the registered support organization.

If the registered support organization falls under any of the following items, the Commissioner of the Immigration Services Agency may cancel its registration:

_if it has come to fall under any of the items of Article 19-26, paragraph (1) (except for item (vii));

if it has violated the provisions of Article 19-27, paragraph (1), Article 19-29, paragraph (1) or Article 19-30, paragraph (2);

if it has violated the provisions of Article 19-30, paragraph (1);

if it has received the registration set forth under Article 19-23, paragraph (1) through wrongful means;

if it has not submitted the report or materials pursuant to the provisions of Article 19-34, or has submitted a false report or materials.

The provisions of Article 19-26, paragraph (2) apply mutatis mutandis to cases in which the registration set forth under Article 19-23, paragraph (1) has been canceled pursuant to the provisions of the preceding paragraph.

If the registration set forth under Article 19-23, paragraph (1) has ceased to be effective pursuant to the provisions of Article 19-23, paragraph (2) or Article 19-29, paragraph (2), or if the registration set forth under Article 19-23, paragraph (1) has been canceled pursuant to the provisions of paragraph (1) of the preceding Article, the Commissioner of the Immigration Services Agency must delete the registration.

The Commissioner of the Immigration Services Agency may request the registered support organization to submit a report or materials on the status of its business to the extent necessary to ensure proper performance of the support services.

In addition to the particulars provided for in Article 19-22 to the preceding Article, the necessary particulars concerning the registered support organizations and support services are to be prescribed by Ministry of Justice Order.

The Commissioner of the Immigration Services Agency must organize information (in the case of foreign nationals with the "Specified Skilled Worker" status of residence, including information on the status of support for specified skilled workers (i); hereinafter referred to as "information on mid- to long-term residents" in this Article and paragraph (1) of the following Article) on the name, date of birth, sex, country of nationality, place of residence and organization of affiliation of the mid- to long-term resident and other information necessary for residency management, which was acquired pursuant to the provisions of the Immigration Control and Refugee Recognition Act and other laws and regulations, in order to continuously keep track of the family relationship, residence, state of activities and state of the organization of affiliation of mid- to long-term residents (including the status of support for specified skilled workers (i) (including the status of entrustment to registered support organizations; hereinafter the same applies in this paragraph) with regard to the foreign nationals with the "Specified Skilled Worker" status of residence (limited to persons engaged in the activities set forth in item (i) of the right-hand column of "Specified Skilled Worker" of the Appended Table I (2); hereinafter the same applies in this paragraph and Article 69-2-2)).

The Commissioner of the Immigration Services Agency must endeavor to keep the information on mid- to long-term residents accurate and up-to-date.

The Minister of Justice and the Commissioner of the Immigration Services Agency must not acquire nor retain the information on mid- to long-term residents beyond the minimum extent necessary to achieve the purpose of the residency management, and must take heed to protect the rights and interests of individuals when handling the information.

If it is necessary for continuously keeping track of information on mid- to long-term residents, the Commissioner of the Immigration Services Agency may have an officer inquire into facts with regard to the information which is to be notified pursuant to the provisions of this Subsection.

The immigration inspector or immigration control officer may require persons concerned to appear, ask them questions, or request them to present documents or electronic or magnetic records, if it is necessary for the inquiry set forth in the preceding paragraph.

The Commissioner of the Immigration Services Agency, immigration inspector or immigration control officer may make inquiries to public offices or public or private organizations and require submission of reports on necessary information in relation to the inquiry set forth in paragraph (1).