Labor Tribunal Act

A court clerk must clearly indicate on the recordtake notes that clearly indicate the outline of developments in the proceedings held on the date set forth in the preceding paragraph and record these on files on electronic data stored on a computer (inclusive of its input and output devices; the same applies below) used by the court (these files are simply referred to below as the court's "computer files", except in Article 26-2, paragraphs (2) and (3) and Article 26-3).

If ordered by the labor tribunal judge so orders, a court clerk must prepare a an electronic record (meaning an electronic or magnetic record(meaning records used in computer data processing which are created in electronic form, magnetic form, or any other form that is otherwise impossible to perceive through the human senses alone; the same applies below)that a court clerk prepares pursuant to the provisions of this Act or any other laws and regulations for the purpose of recording or authenticating the form, content, progress, etc. of proceedings conducted on a court date or outside of a court date; the same applies in the following paragraph and Article 20, paragraph (7) and (8)) held on the date set forth in paragraph (1), as provided for by Rules of the Supreme Court.

When a court clerk prepares an electronic record pursuant to the provisions of the preceding paragraph, they must record it in the court's computer files as provided for by the Rules of the Supreme Court.

The provisions of Part II, Chapter IV (excluding Article 179, Article 182; the second sentence of Article 185, paragraph (1), and paragraphsparagraph (2) and (3); Article 188, Article 189, Articles 192 through 195 (including cases where these provisions are applied mutatis mutandis under Article 201, paragraph (5); Article 210, and Article 216 of the Act)); Article 200, Article 202 (including cases where these provisions are applied mutatis mutandis pursuant to Article 210 of the Act), Article 205, paragraph (2), Article 206 (including cases where these provisions are applied mutatis mutandis pursuant to Article 210 of that Act), Article 207, paragraph (2), Article 208, Article 209, Article 215, paragraph (2), Article 215-2, paragraphs (2) through (4), Article 215-4, Article 224 (including cases where these provisions are applied mutatis mutandis pursuant to Article 229, paragraph (2), Article 231-3, paragraph (1), and Article 232, paragraph (1) of the Act),; Article 225, Article 227, paragraph (2), Article 229, paragraphs (4) through (6), Article 230, Article 232, paragraphs (2) and (3), Article 232-2, and Article 239) of the Code of Civil Procedure (Act No. 109 of 1996) apply mutatis mutandis to the examination of evidence. In this case, the phrase "matters, or matters recorded in a file pursuant to the provisions of the preceding paragraph or matters recorded in the recording medium referred to in that paragraph" in Article 205, paragraph (3) of that Act and the phrase "matters, or matters recorded in a file pursuant to the provisions of paragraph (2) or matters recorded in the recording medium referred to in that paragraph" in Article 215, paragraph (4) of that Act are deemed to be replaced with "matters"; the phrase "means, or the means of using an electronic data processing system specified by the Rules of the Supreme Court" in Article 231-2, paragraph (2) of that Act is deemed to be replaced with "means"; and the phrase "or sending it, or using an electronic data processing system specified by the Rules of the Supreme Court" in Article 231-3, paragraph (2) of that Act is deemed to be replaced with "or sending it".

A laborAn electronic tribunal decision must be rendered by preparing a written tribunal decision stating(meaning an electronic or magnetic record of the main text of the decision, and the gist of the grounds for that decision; the same applies below) of a labor tribunal decision must be prepared and recorded in a computer file, as provided for by the Rules of the Supreme Court.

The writtenelectronic tribunal decision referred(limited to one recorded in the court's computer files pursuant to the provisions of the preceding paragraph; the same applies in paragraph (5) below, paragraph (1) of the following Article, and Article 23, paragraph (1)) must be served upon the relevant parties. The labor tribunal decision takes effect once it has been served upon the parties.

Part I, Chapter V, Section 4 of the Code of Civil Procedure (excluding Article 100104; the second sentence of Article 109-2, paragraph (2); Article 104; and subsections (3)subsection (4)) and (4)Article 255, paragraph (2) apply mutatis mutandis to the service of a writtenan electronic tribunal decision under the preceding paragraph.

If a labor tribunal finds it appropriate, notwithstanding the provisions of paragraph (3), it may render a labor tribunal decision by making an oral announcement of the main text of the labor tribunal decision and the gist ofreasons for the reasons for itlabor tribunal decision on a date of labor tribunal proceedings on which all parties appear, in lieu of preparing a writtenan electronic tribunal decision. In this case, the labor tribunal decision takes effect when it has been announced.

If a labor tribunal decision is made pursuant to the provisions of the first sentence of the preceding paragraph, the court must have the court clerk make a record of the main text of the decision, and the gist of the grounds for that decision in thean electronic record.

The electronic record referred to in the preceding paragraph (limited to those recorded in a file pursuant to Article 14, paragraph (4)) must be sent to the relevant parties concerned.

A party may file an objection with the court against a labor tribunal decision within an inalterable period of two weeks from the day on which the party was served with the writtenelectronic tribunal decision under the provisions of paragraph (4) of the preceding Article, or the day on which the labor tribunal decision under the provisions of paragraph (6) of that Article was announced.

If a writtenan electronic tribunal decision is to be served pursuant to the provisions of Article 20, paragraph (4) and any of the following grounds exists, the court must issue an order to nullify the labor tribunal decision:

a party's domicile, residence or any other place where the party is to be served is unknown (except for cases where service may be made under Article 109-2 of the Code of Civil Procedure as applied mutatis mutandis under Article 20, paragraph (5));

The petition set forth in the preceding paragraph must be filed within 10 years from the date the labor tribunal case was closed.

( Access to Hard-Copy Case Records)

The parties to a case and any third party that makes a prima facie showing of interest in the case may file a request with a court clerk to inspect or copy the labor tribunalhard-copy case records, or to issue an authenticated copy, transcript, or extract of those records, or to issue a certificatethe hard-copy case records (meaning the portion of information concerning the case records excluding the electronic or magnetic case records in labor tribunal casecases as prescribed in paragraph (1) of the following Article; the same applies in paragraph (2) below).

The provisions of Article 91, paragraphs (4) and (5) and Article 92 of the Code of Civil Procedure (excluding paragraphs (9) and (10)) apply mutatis mutandis to the records referred to in the preceding paragraphhard-copy case records.

As provided for by the Rules of the Supreme Court, the party to the case and third party who has presented a prima facie showing of interest in the case may file a request with the court clerk to inspect something that, in the manner specified by the Rules of the Supreme Court, has been made to show the content of electronic or magnetic case records (meaning the part of labor tribunal case records recorded in the court's computer file pursuant to the provisions of this Act and any other laws and regulations; the same applies below in this Article).

As provided for by the Rules of the Supreme Court, the party to the case and third party that makes a prima facie showing of interest in the case may file a request with a court clerk to copy the information recorded in electronic or magnetic case records by using an electronic data processing system specified by the Rules of the Supreme Court (meaning an electronic data processing system that connects a computer used by the court and a computer used by the other person involved in the procedure via a telecommunications line; the same applies below) to record the information in a file stored on a computer that the person is using, or by any other means specified by the Rules of the Supreme Court.

As provided for by the Rules of the Supreme Court, the party to the case and third party that makes a prima facie showing of interest in the case may request a court clerk to issue a paper document containing the whole or part of the information recorded in an electronic or magnetic case record, whose content the court clerk certifies, by the means specified by the Rules of the Supreme Court, to give information identical to what is recorded in the electronic or magnetic case record; or to provide an electronic or magnetic record containing the whole or part of the information recorded in an electronic or magnetic case record, whose content the court clerk certifies by the means specified by the Rules of the Supreme Court, to give information identical to what is recorded in the electronic or magnetic case record using an electronic data processing system specified by the Rules of the Supreme Court to record it in a file stored on the computer that the party is using, or by any other means specified by the Rules of the Supreme Court.

The provisions of Article 91, paragraph (5) and Article 92 of the Code of Civil Procedure apply mutatis mutandis to electronic or magnetic case records.

As provided for by the Rules of the Supreme Court, the party to the case and third party that makes a prima facie showing of interest in labor tribunal cases may request a court clerk to issue a paper document containing information concerning labor tribunal cases that the court clerk certifies by the means specified by the Rules of the Supreme Court, or to provide an electronic or magnetic record containing information concerning labor tribunal cases that the court clerk certifies by the means specified by the Rules of the Supreme Court, using an electronic data processing system specified by the Rules of the Supreme Court to record it in a file stored on the computer that the party is using, or by any other means specified by the Rules of the Supreme Court.

An immediate appeal may be filed against an order made under the provisions of Article 25, paragraph (1).

An immediate appeal against an order made under the provisions of Article 6, Article 21, paragraph (2), Article 23, paragraph (1), and Article 25, paragraph (1) has the effect of a stay of execution.

(Concealing Parties' Domiciles and Identifying Information Filing Petitions Using Electronic Data Processing Systems)

The provisions of Part I, Chapter VIIIArticles 132-10 through 132-12 of the Code of Civil Procedure (excluding Article 133-2, paragraphs (5) and (6) and Article 133-3, paragraph (2)) apply mutatis mutandis to petitions andor other statements in labor tribunal proceedings. In this case, the term "party" in Article 133, paragraph (1) of that Act is deemed (referred to be replaced with "party or intervenor (meaning a person who has participatedas "petition, etc." in the labor tribunal proceedings pursuant tofollowing paragraph and the provisions offollowing Article 11 of the Civil Mediation Act (Act No. 222 of 1951) as applied mutatis mutandis pursuant to Article 29, paragraph (2) of the Labor Tribunal Act; the same applies). In this case, "service" in Article 133-4, paragraphs (1), (2132-10, paragraph (5) and (7))"; in paragraph (3) of that Article, the term "case record, etc. (meaning a case record or the record of a case in which there has been a petition for a disposition as referred to in6) and Article 132-4132-12, paragraph (1); the same applies in this Chapter)" is deemed to be replaced with "labor tribunal case records", 2) and the phrase "inspection, etc. of a case record, etc. (meaning inspection, etc. of a case record, inspection, etc. of a non-electronic or magnetic record of a disposition on the collection of evidence, or inspection, etc. of an electronic or magnetic record of a disposition on the collection(3) of evidence; the same applies in this Chapter) with regard to"Act is deemed to be replaced with "inspectionservice or copying of, or sending", the issuance of a transcript or extract of"; term "the phrase "inspection, etc. of a case record, etc. relatingproviso to" in Article 133-254, paragraph (1) of that Act is deemed to be replaced with "inspection or copying of, or the issuance of a transcript or extract of"; the phrase "" in a case record, etc." in Article 132-11, paragraph (2) of that Article is deemed to be replaced with "in the labor tribunal case records"; the phrase "inspection, etc. of a case record, etc. relating to" in that paragraph and paragraph (31), item (i) of that Articlethe Act is deemed to be replaced with "inspection or copying of, the issuance of an authenticated copy, transcript or extractprovisions of, or the reproduction of"; inproviso to Article 133-34, paragraph (1) of that Act, the phrase "document or electronic or magnetic record in which ... is stated or recorded" is deemed to be replaced with "document in which ... is statedLabor Tribunal Act", the phrase "that document or electronic or magnetic record" is deemed to be replaced with "that document", and the phrase "or electronic or magnetic record, or any other similar document or electronic or magnetic record, inspection, etc. of a case record, etc. relating to"term "Article 2" in Article 132-11, paragraph (1), item (ii) is deemed to be replaced with "or any other similar document, inspection or copyingArticle 2 of, or the issuance of a transcript or extract of"; the phrase "person ... the case record, etc." in same Act as applied mutatis mutandis in Article 9", and "Article 133-4133-2, paragraph (1) of that Act is deemed to be replaced with "party or intervenor, or a third party that makes a prima facie showing of interest, ... the labor tribunal case records"; in 2)" in Article 132-12, paragraph (2) of that Article, the term "party" is deemed to be replaced with "party or intervenor", the phrase "where the case record, etc. is kept" is deemed to be replaced with "where the labor tribunal case records are kept", and the phrase "inspection, etc.1), item (iii) of a case record, etc."the same Act is deemed to be replaced with "inspection or copying, the issuance of an authenticated copy, transcript or extract, or the reproduction"; and the term "party" in Article 133-2, paragraph (7) of that Article is deemed to be replaced with "party or intervenor2) as applied mutatis mutandis in Article 28-3 of the Labor Tribunal Act".

The provisions of Article 132-13 of the Code of Civil Procedure apply mutatis mutandis to the recording in files of information included in documents, etc. (meaning a paper document, piece of writing, written material, transcript, extract, authenticated copy, duplicate copy, extra copy, or other piece of paper or tangible object bearing characters, shapes, and other such information that can be perceived using the human senses; the same applies in this paragraph)(excluding cases where the petition, etc. is filed in writing) that have been submitted in labor tribunal proceedings to a court pursuant to the provisions of this Act or other laws or regulations, or recorded in recording media containing electronic or magnetic records. In this case, the term "Article 133-2, paragraph (2)" in Article 132-13, item (iii) is deemed to be replaced with "Article 133-2 paragraph (2) as applied mutatis mutandis pursuant to Article 28-3 of the Labor Tribunal Act", and the term "Article 133-3 paragraph (1)" in Article 132-13, item (iv) is deemed to be replaced with "Article 133-3, paragraph (1) as applied mutatis mutandis pursuant to Article 28-3 of the Labor Tribunal Act".

Except as otherwise provided, with regard to labor tribunal cases, the provisions of Part II of the Non-Contentious Case Procedures Act (excluding Article 12 of that Act (including the cases where applied mutatis mutandis pursuant to ArticlesArticle 14 and 15 of that Act), and Articles 27, 40, 42, 42-2, 52, 53, 65, and 6565-2 of that Act) apply mutatis mutandis. In this case, the term "paragraph (2) of the preceding Article" in Article 31-2, paragraph (1) of the Act is deemed to be replaced with "Article 14, paragraph (4) of the Labor Tribunal Act"; the term "Article 42, paragraph (1) of the Non-Contentious Case Procedures Act" in Article 38 of the Act is deemed to be replaced with "Article 28-2 , paragraph (1) of the Labor Tribunal Act", and the term "paragraph (2)" in Article 43, paragraph (4) of that Act is deemed to be replaced with "Article 5, paragraph (3) of the Labor Tribunal Act". ."

The provisions of Articles 11, 12, 16, Article 16-2, and 36 of the Civil Mediation Act (Act No. 222 of 1951) apply mutatis mutandis to labor tribunal cases. In this case: in Article 11 of that Act, the terms "of mediation," "mediation committee," and "mediation proceedings" are deemed to be respectively replaced with "of labor tribunal proceedings," "labor tribunal," and "labor tribunal proceedings"; in Article 12, paragraph (1) of that Act, the terms "mediation committee," "for mediation," and "measure prior to mediation" are deemed to be respectively replaced with "labor tribunal," "for mediation or labor tribunal decision," and "measure prior to mediation or labor tribunal decision"; the term "Article 22" in Article 16-2, paragraph (2) of the Act is deemed to be replaced with "Article 29, paragraph (1) of the Labor Tribunal Act" ; and in Article 36, paragraph (1) of that Act, the term "the preceding two Articles" is deemed to be replaced with "Articles 31 and 32 of the Labor Tribunal Act (Act No. 45 of 2004)."