A person who falls under any of the following items is not qualified to be a labor and social security attorney, notwithstanding Article 3:
次の各号のいずれかに該当する者は、第三条の規定にかかわらず、社会保険労務士となる資格を有しない。
a minor;
未成年者
a person who is subject to a decision on the commencement of bankruptcy proceedings and has not had their rights restored;
破産手続開始の決定を受けて復権を得ない者
a person who has been subject to a disposition of disqualification as a labor and social security attorney by way of disciplinary action, and for whom three years have not elapsed from the date on which the person received that disposition;
懲戒処分により社会保険労務士の失格処分を受けた者で、その処分を受けた日から三年を経過しないもの
a person who has been sentenced to a fine or a heavier punishment under the provisions of this Act or the labor and social insurance laws and regulations, and for whom three years have not elapsed from the day on which the person finished serving the sentence or ceased to be subject to its execution;
この法律又は労働社会保険諸法令の規定により罰金以上の刑に処せられた者で、その刑の執行を終わり、又は執行を受けることがなくなつた日から三年を経過しないもの
a person who has been sentenced to imprisonment or a heavier punishment under the provisions of laws and regulations other than those set out in the preceding item, and for whom three years have not elapsed from the day on which the person finished serving the sentence or ceased to be subject to its execution;
前号に掲げる法令以外の法令の規定により拘禁刑以上の刑に処せられた者で、その刑の執行を終わり、又は執行を受けることがなくなつた日から三年を経過しないもの
a person who has been subject to a disposition of revocation of registration under Article 14-9, paragraph (1), and for whom three years have not elapsed from the date on which the person received that disposition;
第十四条の九第一項の規定により登録の取消しの処分を受けた者で、その処分を受けた日から三年を経過しないもの
a person who has been subject to a disposition of disciplinary dismissal as a public officer (including an officer or staff member of an agency engaged in administrative execution prescribed in Article 2, paragraph (4) of the Act on General Rules for Incorporated Administrative Agencies (Act No. 103 of 1999) (hereinafter referred to as an "agency engaged in administrative execution") or of a specified local incorporated administrative agency prescribed in Article 2, paragraph (2) of the Local Independent Administrative Agency Act (Act No. 118 of 2003) (hereinafter referred to as a "specified local incorporated administrative agency")), and for whom three years have not elapsed from the date on which the person received that disposition;
公務員(独立行政法人通則法(平成十一年法律第百三号)第二条第四項に規定する行政執行法人(以下「行政執行法人」という。)又は地方独立行政法人法(平成十五年法律第百十八号)第二条第二項に規定する特定地方独立行政法人(以下「特定地方独立行政法人」という。)の役員又は職員を含む。)で懲戒免職の処分を受け、その処分を受けた日から三年を経過しない者
a person who, by way of disciplinary action, has been expelled from a bar association, has been subject to a disposition of cancellation of registration as a certified public accountant, has been prohibited from practicing as a certified public tax accountant, or has been prohibited from practicing as an administrative scrivener, and for whom three years have not elapsed from the date on which the person received those dispositions;
懲戒処分により、弁護士会から除名され、公認会計士の登録の抹消の処分を受け、税理士の業務を禁止され又は行政書士の業務を禁止された者で、これらの処分を受けた日から三年を経過しないもの
a person who has received a decision under Article 48, paragraph (1) of the Certified Public Tax Accountant Act (Act No. 237 of 1951) to the effect that the person should have been subject to the disposition listed in Article 44, item (iii) of that Act, and for whom three years have not elapsed from the date on which the person received that decision.
税理士法(昭和二十六年法律第二百三十七号)第四十八条第一項の規定により同法第四十四条第三号に掲げる処分を受けるべきであつたことについて決定を受けた者で、当該決定を受けた日から三年を経過しないもの
Cancellation of Registration
The Federation may revoke the registration of a person who has been registered as a labor and social security attorney, on the basis of a resolution of the Qualifications Screening Board prescribed…
連合会は、社会保険労務士の登録を受けた者が、次の各号のいずれかに該当するときは、第二十五条の三十七に規定する資格審査会の議決に基づき、当該登録を取り消すことができる。
Open this provisionQualifications
A person who falls under any one of the following items and who either has been engaged, for a total period of two years or more, in affairs specified by Order of the Ministry of Health…
次の各号の一に該当する者であつて、労働社会保険諸法令に関する厚生労働省令で定める事務に従事した期間が通算して二年以上になるもの又は厚生労働大臣がこれと同等以上の経験を有すると認めるものは、社会保険労務士となる資格を有する。
Open this provisionGrounds for Disqualification
a person who has been sentenced to a fine or a heavier punishment under the provisions of this Act or the labor and social insurance laws and regulations…
この法律又は労働社会保険諸法令の規定により罰金以上の刑に処せられた者で、その刑の執行を終わり、又は執行を受けることがなくなつた日から三年を経過しないもの
Open this provisionlabor and social insurance laws and regulationsmachine translation
「労働社会保険諸法令」
The laws and regulations on labor and social insurance listed in Appended Table 1 (別表第一), on which a labor and social security attorney's (社会保険労務士) work rests: the Acts listed there, some only in part — labor Acts such as the Labor Standards Act and social insurance Acts such as the Health Insurance Act and the National Pension Act — the orders made under them, and the Administrative Complaint Review Act as far as it concerns appeals under them.
Short name set inArticle 2, paragraph (1), item (i)
specified local incorporated administrative agencymachine translation
「特定地方独立行政法人」
A local incorporated administrative agency (地方独立行政法人) that the local government (地方公共団体) setting it up names in its articles of incorporation as needing its officers and employees to hold the status of local public employees (地方公務員), because a halt in its work would directly and seriously harm residents' lives or the stability of the local community or economy, or because its neutrality and fairness must be especially secured, as Article 2, paragraph (2) of the Local Independent Administrative Agency Act defines it, leaving out one that runs a university or college of technology under Article 21, item (ii) of that Act.
Short name set inArticle 5, paragraph (1), item (vii)
agency engaged in administrative executionmachine translation
「行政執行法人」
An incorporated administrative agency (独立行政法人) of the kind Article 2, paragraph (4) of the Act on General Rules for Incorporated Administrative Agencies defines: one set up by its own Act to carry out, accurately and reliably, public work closely tied to the national government's administrative affairs, under national direction and other substantial government involvement, against a plan to meet targets the government sets for each business year.
Short name set inArticle 5, paragraph (1), item (vii)
fine
罰金
A criminal punishment of paying money to the state, of 10,000 yen or more, or less where it is reduced (Penal Code, Article 15). It ranks below imprisonment (拘禁刑) and above penal detention (拘留) and a petty fine (科料) (Articles 9 and 10, paragraph (1)). A person who cannot pay it in full is held in a workhouse (労役場) for one day to two years, or up to three years where fines are imposed together, a period set when the sentence is passed (Article 18, paragraphs (1), (3) and (4)); not within thirty days of the sentence becoming final without the person's consent (paragraph (5)). If it is not enforced for three years after the sentence becomes final, the person is released from it by prescription (Articles 31 and 32, item (v)); the three years do not run while its execution is suspended under law or the person is abroad, and an act of execution interrupts them (Articles 33 and 34, paragraph (2)).
Written by AI using Penal Code, Arts. 9, 10, 15, 18, 31 to 34 as a reference.
imprisonment
拘禁刑
The punishment of being held in a penal institution (刑事施設), for life or for a fixed term of one month to twenty years (Penal Code, Article 12, paragraphs (1) and (2)); a fixed term can be raised to thirty years where the punishment is aggravated, or cut below one month where it is reduced (Article 14, paragraph (2)). To help the person reform and rehabilitate, they may be made to do work or given guidance (Article 12, paragraph (3)). It ranks below the death penalty and above a fine (罰金) among the principal punishments (Articles 9 and 10, paragraph (1)). It replaced imprisonment with work (懲役) and imprisonment without work (禁錮) when the Act Partially Amending the Penal Code, etc. (Act No. 67 of 2022) came into force (Act No. 67 of 2022, Article 2), and a person sentenced to either is treated, for the rules on a person's qualifications, as sentenced to imprisonment for the same term (Act No. 68 of 2022, Article 443, paragraph (1)).
Written by AI using Penal Code, Arts. 9, 10, 12, 14, Act No. 67 of 2022, Art. 2 and Act No. 68 of 2022, Art. 443 as a reference.