Chapter II Labor and Social Security Attorney Examination, etc.

A person who falls under any of the following items may take the labor and social security attorney examination:

The purpose of the labor and social security attorney examination is to determine whether a person has the knowledge and ability necessary to become a labor and social security attorney, and it is conducted in the following subjects:

①The labor and social security attorney examination is conducted by the Minister of Health, Labour and Welfare at least once every year.

②The Minister of Health, Labour and Welfare is to appoint labor and social security attorney examination examiners, from among persons with academic knowledge and experience concerning labor and social insurance, to administer the labor and social security attorney examination; provided, however, that this does not apply in the case where it has been decided, pursuant to paragraph (1) of the following Article, to have the Japan Federation of Labor and Social Security Attorney's Associations conduct the examination administration set out in that paragraph.

①The Minister of Health, Labour and Welfare may have the Japan Federation of Labor and Social Security Attorney's Associations (hereinafter referred to as the "Federation") conduct affairs relating to the implementation of the labor and social security attorney examination (excluding affairs relating to the decision on passing; hereinafter referred to as "examination administration").

②When the Minister of Health, Labour and Welfare has the Federation conduct examination administration pursuant to the preceding paragraph, the Minister is to give public notice to that effect in the Official Gazette, and in that case, the Minister is not to conduct examination administration.

With respect to the examination subjects of the labor and social security attorney examination listed in the Exempted Subjects column of Appended Table 2, the examination in those subjects is exempted, in each case upon application, for a person who falls under those listed in the corresponding Persons Eligible for Exemption column.

①A person who intends to take the labor and social security attorney examination must pay the examination fee to the State (to the Federation, in the case where the Federation conducts examination administration), as specified by Cabinet Order.

②The examination fee paid to the Federation pursuant to the preceding paragraph constitutes revenue of the Federation.

③The examination fee paid pursuant to paragraph (1) is not to be refunded even if the person did not take the labor and social security attorney examination.

①The Minister of Health, Labour and Welfare may, with regard to a person who has taken or attempted to take the labor and social security attorney examination by fraudulent means, rescind the decision that the person has passed, or prohibit the person from taking that examination.

②The Federation may exercise the authority of the Minister of Health, Labour and Welfare prescribed in the preceding paragraph (limited to prohibiting a person from taking the labor and social security attorney examination) in connection with the implementation of examination administration.

③The Minister of Health, Labour and Welfare may, depending on the circumstances, specify a period of three years or less and provide that a person who has been subject to a disposition under the preceding two paragraphs is not to be allowed to take the labor and social security attorney examination.

A person who is dissatisfied with a disposition concerning examination administration conducted by the Federation, or with the inaction thereof, may file a request for review with the Minister of Health, Labour and Welfare. In this case, the Minister of Health, Labour and Welfare is deemed to be a superior administrative agency of the Federation for the purpose of applying Article 25, paragraphs (2) and (3), Article 46, paragraphs (1) and (2), Article 47, and Article 49, paragraph (3) of the Administrative Complaint Review Act (Act No. 68 of 2014).

①The dispute resolution procedure representation business examination is conducted by the Minister of Health, Labour and Welfare at least once every year, for labor and social security attorneys who have completed training specified by Order of the Ministry of Health, Labour and Welfare concerning the academic knowledge and practical ability necessary to conduct dispute resolution procedure representation business, in order to determine whether they have that academic knowledge and practical ability.

②The Minister of Health, Labour and Welfare is to appoint dispute resolution procedure representation business examination examiners, from among persons with academic knowledge and experience concerning dispute resolution procedure representation business, to administer the dispute resolution procedure representation business examination; provided, however, that this does not apply in the case where it has been decided, pursuant to the following Article, to have the Federation conduct the representation business examination administration prescribed in that Article.

The Minister of Health, Labour and Welfare may have the Federation conduct affairs relating to the implementation of the dispute resolution procedure representation business examination (excluding affairs relating to the decision on passing; hereinafter referred to as "representation business examination administration").

The provisions of Article 10-2, paragraph (2) and Articles 12 through 13-2 apply mutatis mutandis to the dispute resolution procedure representation business examination and representation business examination administration.

In addition to what is provided for in this Chapter, matters necessary for the labor and social security attorney examination and the dispute resolution procedure representation business examination are specified by Order of the Ministry of Health, Labour and Welfare.