Act on Public Consultants on Social and Labour Insurance
社会保険労務士法
Chapter IV Monitoring
The law as Act on the Arrangement of Related Acts to Promote the Use of Information and Communications Technology in Civil Procedures, etc. (Act No. 53 of 2023) leaves it, with the words it changes marked.
The main text is read a page at a time: a chapter to a page, and a long chapter in runs of articles. The whole main text, and the supplementary provisions and appended tables this amendment changes. Those it leaves untouched are on the page for the text in force.
Chapter IV Monitoring第四章 監督
Article 24第二十四条
Reports and Inspections(報告及び検査)
Article 24, paragraph (1)
When the Minister of Health, Labour and Welfare finds it necessary to ensure the proper operation of the business of a self-employed labor and social security attorney or a labor and social security attorney corporation, the Minister may require that self-employed labor and social security attorney or labor and social security attorney corporation to make a necessary report concerning its business, or have staff members enter the offices of that self-employed labor and social security attorney or labor and social security attorney corporation, question that self-employed labor and social security attorney or labor and social security attorney corporation, or inspect books and documents relating to its business (including an electronic or magnetic record where such a record has been prepared, kept or retained in lieu of preparing, keeping or retaining the books and documents).
A staff member seeking to carry out entry and inspection pursuant to the provisions of the preceding paragraph must carry an identification card and produce it when requested to do so by the persons concerned.
The authority to conduct on-site inspections under paragraph (1) must not be construed as being vested for criminal investigation.
第一項の規定による立入検査の権限は、犯罪捜査のために認められたものと解釈してはならない。
Article 25第二十五条
Types of Disciplinary Action(懲戒の種類)
Article 25, paragraph (1)
Disciplinary action against a labor and social security attorney consists of the following three types:
社会保険労務士に対する懲戒処分は、次の三種とする。
Article 25, paragraph (1), item (i)
admonition;
戒告
Article 25, paragraph (1), item (ii)
suspension of business, for a period of one year or less, of a self-employed labor and social security attorney, a labor and social security attorney who is an employee of a self-employed labor and social security attorney, or a labor and social security attorney who is a member or employee of a labor and social security attorney corporation;
disqualification (meaning a disposition that causes a person to lose qualification as a labor and social security attorney; the same applies hereinafter).
失格処分(社会保険労務士の資格を失わせる処分をいう。以下同じ。)
Article 25-2第二十五条の二
Disciplinary Action in the Case of Instructing Wrongful Acts, etc.(不正行為の指示等を行つた場合の懲戒)
Article 25-2, paragraph (1)
When a labor and social security attorney has intentionally prepared a written application, etc. or performed administrative representation or dispute resolution procedure representation business contrary to the true facts, or has committed an act in violation of Article 15, the Minister of Health, Labour and Welfare may take a disposition of suspension of business, for a period of one year or less, of a self-employed labor and social security attorney, a labor and social security attorney who is an employee of a self-employed labor and social security attorney, or a labor and social security attorney who is a member or employee of a labor and social security attorney corporation, or a disposition of disqualification.
When a labor and social security attorney has committed an act prescribed in the preceding paragraph by failing to exercise due care, the Minister of Health, Labour and Welfare may take a disposition of admonition or of suspension of business, for a period of one year or less, of a self-employed labor and social security attorney, a labor and social security attorney who is an employee of a self-employed labor and social security attorney, or a labor and social security attorney who is a member or employee of a labor and social security attorney corporation.
In addition to cases falling under the preceding Article, when a labor and social security attorney has made a false entry in a document attached under Article 17, paragraph (1) or (2) or in a note added under paragraph (1) or (2) of that Article, has violated the provisions of this Act and orders based on it or of the labor and social insurance laws and regulations, or has committed serious misconduct unbecoming of a labor and social security attorney, the Minister of Health, Labour and Welfare may take the disciplinary action prescribed in Article 25.
Notification of Grounds for Disciplinary Action, etc.(懲戒事由の通知等)
Article 25-3-2, paragraph (1)
When a labor and social security attorney's association or the Federation finds that there is an act or fact prescribed in the preceding two Articles concerning a member of the labor and social security attorney's association, it must notify the Minister of Health, Labour and Welfare of the member's name, the location of the member's place of business, and that act or fact.
Any person who finds that there is an act or fact prescribed in the preceding two Articles concerning a labor and social security attorney may notify the Minister of Health, Labour and Welfare of the labor and social security attorney's name and that act or fact, and request that appropriate measures be taken.
When the Minister of Health, Labour and Welfare intends to take disciplinary action of admonition or suspension of business under Article 25-2 or Article 25-3, the Minister must hold a hearing, regardless of the classification of procedures for the statement of opinions under Article 13, paragraph (1) of the Administrative Procedure Act (Act No. 88 of 1993).
In holding a hearing relating to disciplinary action under Article 25-2 or Article 25-3, the Minister of Health, Labour and Welfare must, by one week before the date of the hearing, give the notice under Article 15, paragraph (1) of the Administrative Procedure Act and publicly announce the date and place of the hearing.
The examination on the date of the hearing under the preceding paragraph must be conducted in public.
前項の聴聞の期日における審理は、公開により行わなければならない。
Article 25-4-2第二十五条の四の二
Restriction on Cancellation of Registration(登録抹消の制限)
Article 25-4-2, paragraph (1)
When a labor and social security attorney has been placed under disciplinary proceedings, the Federation may not cancel the registration of that labor and social security attorney under Article 14-10, paragraph (1), item (i) until those proceedings have been concluded.
Notification and Public Notice of Disciplinary Action(懲戒処分の通知及び公告)
Article 25-5, paragraph (1)
When the Minister of Health, Labour and Welfare has taken disciplinary action under Article 25-2 or Article 25-3, the Minister must, without delay, notify the labor and social security attorney concerned to that effect in a document stating the reasons, and give public notice in the Official Gazette.