Changes on (Act No. 62 of 2025)
If whistleblowing provided for in Article 3, item (ii) and Article 6, item (ii) is conducted by a whistleblower, an administrative body with the authority to impose a disposition or make a recommendation, etc. regarding the reportable fact must conduct necessary investigations, and if it recognizes that the reportable fact subject to the whistleblowing exists, it must take measures based on laws and regulations or any other appropriate measures.
Changes on (Act No. 62 of 2025)
In order to ensure appropriate implementation of the measures provided for in the preceding paragraph, an administrative body (excluding the officials provided for in Article 2, paragraph (4), item (i)) that has the authority to impose a disposition or make a recommendation, etc. with regard to a reportable fact must respond to the whistleblowing provided for in Article 3, item (ii) and Article 6, item (ii), establish a system necessary for appropriately responding to it, and take other necessary measures.
Notwithstanding the provisions of the preceding two paragraphs, if the whistleblowing referred to in paragraph (1) concerns a fact that constitutes a criminal act as provided for in Article 2, paragraph (3), item (i), the provisions of the Code of Criminal Procedure (Act No. 131 of 1948) govern the criminal investigation and prosecution.
whistleblowingmachine translation
「公益通報」
A report made, not for a wrongful purpose such as gaining an unfair benefit or harming others, by one of the persons the items of Article 2, paragraph (1) list (workers, dispatched workers (派遣労働者) and officers (役員) among them), that a reportable fact (通報対象事実) has occurred or is about to occur at the business operator (事業者) the item names for that person, the recipient of services (役務提供先), or among its officers, employees, agents or others, made to that business operator or a person it designated in advance, to an administrative body (行政機関) with authority to make a disposition (処分) or recommendation about the fact or a person that body designated in advance, or to another person to whom reporting it is considered necessary to prevent it or the spread of the harm it causes.
Defined inArticle 2, paragraph (1)· applies throughout the law
dispositionmachine translation
「処分」
An order, a revocation or another act by which public authority is exercised.
Defined inArticle 2, paragraph (1)
recommendation, etc.machine translation
「勧告等」
A recommendation, or any other act that is not a disposition (処分, an order, revocation or other exercise of public authority).
Defined inArticle 2, paragraph (1)
laws and regulationsmachine translation
「法令」
Acts (法律) and orders (命令) made under Acts.
Defined inArticle 2, paragraph (1)
whistleblower
「公益通報者」
A person who has made a whistleblowing report (公益通報), as Article 2, paragraph (1) defines it.
Defined inArticle 2, paragraph (2)· applies throughout the law
reportable fact
「通報対象事実」
A criminal act, or a fact that is grounds for a civil fine (過料), under this Act or one of the Acts listed in the Appended Table (別表) as Acts protecting people's life, body, property and other interests, such as consumers' interests, the environment and fair competition, including orders under them; or the facts that are the grounds for a disposition (処分) under an Act listed in the Appended Table, where breaching that disposition would be such a criminal act or ground for a fine, including, where that disposition was made for breaching another disposition or not following a recommendation, etc. (勧告等) under those Acts, the grounds for that other disposition or recommendation.
Defined inArticle 2, paragraph (3)· applies throughout the law
administrative body
「行政機関」
The following bodies: the Cabinet Office (内閣府), the Imperial Household Agency (宮内庁), the commissions and agencies placed within it under Article 49, paragraph (1) or (2) of the Act for Establishment of the Cabinet Office, the Digital Agency (デジタル庁), the ministries, commissions and agencies provided for in Article 3, paragraph (2) of the National Government Organization Act, the bodies placed under the Cabinet's jurisdiction (内閣の所轄) by an Act (法律), the bodies placed within any of these, and officials of these bodies whom an Act allows to exercise authority independently; and the organs of local governments (地方公共団体) other than their assemblies (議会). Until the Reconstruction Agency (復興庁) is abolished, Article 3, paragraph (1) of the supplementary provisions (附則) of the Act that set up that Agency (Act No. 125 of 2011) reads the list with the Reconstruction Agency added after the Digital Agency.
Defined inArticle 2, paragraph (4)· applies throughout the law