Act on Public Consultants on Social and Labour Insurance

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.

Disciplinary action against a labor and social security attorney consists of the following three types:

admonition;

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).

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.

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.

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.

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.