Act on Public Consultants on Social and Labour Insurance

Labor and social security attorneys and labor and social security attorney's associations must observe the bylaws of the Federation.

The Federation has a Qualifications Screening Board.

At the request of the Federation, the Qualifications Screening Board is to conduct the necessary review of refusal of registration under the provisions of Article 14-6, paragraph (1) and cancellation of registration under the provisions of Article 14-9, paragraph (1).

The Qualifications Screening Board is composed of a president and six members.

The president of the Federation serves as the president.

The president commissions the members, with the approval of the Minister of Health, Labour and Welfare, from among labor and social security attorneys, staff members engaged in administrative affairs of labor or social insurance, and persons with academic knowledge and experience.

The term of office of a member is two years. However, the term of office of a member who fills a vacancy is the remainder of the term of office of the predecessor.

The Federation may submit to the Minister of Health, Labour and Welfare opinions on the improvement of the system of labor and social security attorneys or opinions on the improvement of the operation of the labor and social insurance laws and regulations that are obtained through the business of labor and social security attorneys.

The provisions of Article 25-26, paragraphs (3) and (4), Article 25-27, paragraph (2), Article 25-31 and Article 25-32 apply mutatis mutandis to the Federation.

When conducting examination administration, the Federation must select, from among its officers, those who are to engage in examination administration.

When the Federation has selected officers to engage in examination administration under the provisions of the preceding paragraph, it must notify the Minister of Health, Labour and Welfare to that effect, as specified by Order of the Ministry of Health, Labour and Welfare. The same applies when there is a change in the officers engaged in examination administration.

When conducting examination administration, the Federation must have the labor and social security attorney examination examiners (hereinafter referred to as "examiners") prepare and grade the questions of the labor and social security attorney examination.

When the Federation intends to select examiners, it must select them from among persons who meet the requirements specified by Order of the Ministry of Health, Labour and Welfare.

When the Federation has selected examiners, it must notify the Minister of Health, Labour and Welfare to that effect, as specified by Order of the Ministry of Health, Labour and Welfare. The same applies when there is a change in the examiners.

If an examiner has committed an act in violation of this Act, an order or disposition under this Act, or the examination administration rules under Article 25-43, paragraph (1), or has committed a grossly inappropriate act in relation to examination administration, the Minister of Health, Labour and Welfare may order the Federation to dismiss the examiner.

An officer or staff member of the Federation who engages in examination administration (including an examiner; the same applies in the following paragraph), or a person who has held such a position, must not divulge secrets that the person has learned in relation to examination administration.

An officer or staff member of the Federation prescribed in the preceding paragraph is deemed to be a staff member engaged in public service pursuant to laws and regulations for the purpose of the application of the Penal Code (Act No. 45 of 1907) and other penal provisions.

Before commencing examination administration, the Federation must establish rules concerning the implementation of examination administration (hereinafter referred to as the "examination administration rules" in this Article) and obtain the authorization of the Minister of Health, Labour and Welfare. The same applies when it intends to change them.

Order of the Ministry of Health, Labour and Welfare prescribes the particulars that must be included in the examination administration rules.

If the Minister of Health, Labour and Welfare finds that the examination administration rules authorized under paragraph (1) have become inappropriate for the proper and reliable implementation of examination administration, the Minister may order the Federation to change them.

When conducting examination administration, the Federation must, for each business year, prepare a business plan and an income and expenditure budget for the examination administration and obtain the authorization of the Minister of Health, Labour and Welfare before the beginning of that business year. The same applies when it intends to change them.

When conducting examination administration, the Federation must, for each business year, prepare a business report and an income and expenditure settlement statement for the examination administration and submit them to the Minister of Health, Labour and Welfare within three months after the end of that business year.

When conducting examination administration, the Federation must keep the accounts for examination administration separate from the accounts for its other affairs.

The provisions of Article 25-40 through the preceding Article apply mutatis mutandis to representation business examination administration. In this case, the phrase "labor and social security attorney examination" in Article 25-41, paragraph (1) is deemed to be replaced with "dispute resolution procedure representation business examination", and the phrase "labor and social security attorney examination examiner" with "dispute resolution procedure representation business examination examiner".

The Minister of Health, Labour and Welfare and other administrative organs may, in order to ensure the smooth implementation of this Act and the labor and social insurance laws and regulations, request cooperation from labor and social security attorney's associations or the Federation on public relations, investigations and other necessary matters.

When a resolution of the general meeting or an act of an officer of a labor and social security attorney's association or the Federation violates laws and regulations or the bylaws of that labor and social security attorney's association or the Federation, or otherwise harms the public interest, the Minister of Health, Labour and Welfare may order, as regards the resolution of the general meeting, that it be rescinded, and, as regards the officer, that the officer be dismissed.

For each business year, the Federation must, after obtaining a resolution of the general meeting, without delay give public notice of its balance sheet and income and expenditure statement in the Official Gazette, and must keep its inventory of property, balance sheet, income and expenditure statement and supplementary schedules, together with the business report prescribed in the bylaws and the written opinion of the auditor, at its offices and make them available for public inspection for the period specified by Order of the Ministry of Health, Labour and Welfare.

If necessary in order to ensure the proper operation of labor and social security attorney's associations or the Federation, the Minister of Health, Labour and Welfare may require reports from these organizations, make recommendations on the business they conduct, or have the relevant staff members inspect the status of these organizations' business or their books, documents and other articles.

If the Minister of Health, Labour and Welfare finds it necessary in order to ensure the proper implementation of examination administration or representation business examination administration, the Minister may issue to the Federation orders necessary for supervision concerning examination administration or representation business examination administration.

The authority to require reports or conduct inspections under the provisions of paragraph (1) must not be construed as having been granted for the purpose of criminal investigation.

In addition to what is prescribed in this Chapter, matters necessary concerning labor and social security attorney's associations and the Federation are specified by Order of the Ministry of Health, Labour and Welfare.