Act on Proper Technical Intern Training and Protection of Technical Intern Trainees

The ESDO is a corporation.

Only one ESDO is to be established.

The stated capital of the ESDO is to be the total amount contributed by the government and non-governmental persons for its incorporation.

The ESDO may increase its stated capital, if necessary, with the authorization of the competent ministers.

The ESDO must be registered pursuant to Cabinet Order.

The particulars required to be registered pursuant to the provisions of the preceding paragraph may not be duly asserted against a third party before they have been registered.

The provisions of Article 4 and Article 78 of the Act on General Incorporated Associations and General Incorporated Foundations (Act No. 48 of 2006) apply mutatis mutandis to the ESDO.

Incorporators must promptly prepare articles of incorporation for the ESDO, and must solicit capital contributions for the ESDO from non-governmental persons.

The articles of incorporation referred to in the preceding paragraph must include the following:

purpose;

name;

location of offices;

particulars relating to stated capital and capital contribution;

particulars relating to officers;

particulars relating to the board of councilors;

particulars relating to operations and their execution;

particulars related to finance and accounting;

particulars relating to amendment of the articles of incorporation; and

method of giving public notices.

Upon the completion of the solicitation under paragraph (1) of the preceding Article, incorporators must promptly submit the articles of incorporation to the competent ministers and apply for authorization for incorporation.

The competent ministers nominate a person to be the president and persons to be inspectors of the ESDO.

The person nominated to be the president and the inspectors of the ESDO pursuant to the provisions of the preceding paragraph are considered to have been respectively appointed as president and inspectors at the time of the establishment of the ESDO pursuant to the provisions of Article 71, paragraph (1).

Upon obtaining the authorization set forth under paragraph (1) of the preceding Article, the incorporators must, without delay, transfer their administrative affairs to the person nominated to be the president of the ESDO pursuant to paragraph (2) of the same Article.

When the person nominated pursuant to paragraph (2) of the preceding Article to be the president of the ESDO has taken over the administrative affairs pursuant to the preceding paragraph, that person must request the payment of capital contributions, without delay, from the National Government and from persons other than the National Government that have responded to the solicitation of capital contributions.

If capital contributions have been paid pursuant to the provisions of paragraph (2) of the preceding Article, the person nominated pursuant to the provisions of Article 66, paragraph (2) to be the president of the ESDO must, without delay, register the incorporation of the ESDO pursuant to Cabinet Order.

The ESDO is to be established upon the registration of its incorporation.

The ESDO is to have one president, no more than three directors, and no more than two inspectors as its officers.

The president represents the ESDO and presides over its operations.

The directors, as determined by the president, represent the ESDO, assist the president in administering the operations of the ESDO, act on behalf of the president if the president is unavailable, and perform the duties of the president if the post is vacant.

The inspectors inspect the ESDO's operations.

The inspectors may submit their opinions to the president or the competent minister if they find it necessary based on the results of an inspection.

The president and the inspectors are to be appointed by the competent ministers.

The directors are to be appointed by the president with the authorization of the competent ministers.

The term of office of officers is to be two years provided, however, that the term of office of an officer who is appointed to fill a vacancy is to be the remaining term of office of that officer's predecessor.

An officer may be reappointed.

An employee of the government or local government (except a part-time employee) is ineligible for the position of an officer.

The competent minister or the president must dismiss an officer whom they have appointed, if that officer comes to fall under the preceding Article.

In accordance with the rules under the provisions of Article 71, the competent ministers or the president may dismiss an officer whom they have appointed, if that officer comes to fall under any of the following items, or if the competent ministers or the president finds that it is inappropriate for that officer to remain an officer:

the officer has been issued an order to commence bankruptcy proceedings;

the officer has been sentenced to imprisonment or a heavier punishment;

the officer has been found incapable of performing their duties due to a mental or physical disorder; or

the officer has breached an obligation in the course of their duties.

Officers of the ESDO (not including officers in part-time positions) must not become an officer of a for-profit organization, and must not themselves engage in a profit-making business provided, however, that this does not apply if the officer obtains the approval of the competent ministers.

An inspector must not concurrently hold the position of the president, director, councilor, or employee of the ESDO.

The president and directors do not have the right to representation with respect to a matter involving a conflict of interest between the president or any director and the ESDO. In such a case, the inspectors represent the ESDO.

The president may appoint, from among the employees of the ESDO, an agent with the authority to undertake all acts in or out of court involving part of the ESDO's business.

The ESDO's employees are appointed by the president.

No officer or employee of the ESDO, or person who has held any of those positions may divulge or misappropriate any confidential information that they came to know of in the course of their duties, without justifiable reason.

With respect to the application of the Penal Code and any other penal provisions, the ESDO's officers and employees are deemed to be employees engaged in public service under the laws and regulations.