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💴 | What is the Electronic Articles of Incorporation?Easy-to-understand explanation of preparations and procedures for making your own


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What is the Electronic Articles of Incorporation?Easy-to-understand explanation of preparations and procedures for making your own

 
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The specialists who can request are administrative scriveners or judicial scriveners, but since there are many cases where professionals work together, it may be possible to request a tax advisor as a one-stop service.
 

The company's articles of incorporation, which are required at the time of establishment, require a revenue stamp of 4 yen to be affixed to the original, but if created with the electronic articles of incorporation, this ... → Continue reading

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Judicial scrivener

Judicial scrivener(Shosho) is a professionallawBased on the knowledge ofregistration,Deposit,LawsuitOtherLegal affairsAs an expert, our mission is to defend the rights of the people and contribute to the formation of a free and just society.National qualificationIs[5]. Also,Minister of JusticeCertified bySummary courtInCivil actionParties inproxyDo business[6].Lawyer-patent attorney-Tax accountant-Administrative scrivener-Social insurance laborer-Land surveyor-Maritime agentAnd the right to claim is granted on the job8 professionone of[7].

Overview

The judicial scrivenerJudicial scrivener lawBased on the provisions ofregistration[Annotation 1]andDepositOn behalf of裁判 所,Prosecutor's office,Legal Affairs Bureau,Notary public officePreparation and submission of documents to be submitted to, property management work[Annotation 2], Business management, and other legal affairs[8][Annotation 3]..Before the war, the court had jurisdiction over the registry office, so the main task was to prepare and submit court documents, including registration. And the main work was to prepare and submit court documents.

Judicial system reformWas born in 2002 with "Certified Judicial ScrivenerIn addition to the above work,Summary courtUp to 140 million yen that can be handled atCivil action,Reconciliation before filing an action,Payment reminder,Evidence preservation,Civil protection,Civil mediation,Small-amount litigation claim execution,Alternative dispute resolution,arbitration,Writing boundary identificationCan also be represented[12]..The judicial scrivener covers 99.0% of the summary courts due to the characteristic of working at registry offices all over the country, and is expected to be an expert who is easily accessible even in rural areas.[13][14].

History

  • 1872 (Meiji 5) --Judiciary duty system: Birth of a scribe system[15]
    • First generationJudiciaryShinpei EtoDue to the improvement of the judicial system promoted byPrime MinisterA judicial duty system is established without any issues. "Each ward scribe writer, each people's complaint, litigation, litigation, no omission, Karashim," Chapter 10 "Certificate-Author-SpokespersonThe basic functions that support the legal system have been defined in the "Job System". The deed is the currentNotary, The scribe is the currentJudicial scrivener, The substitute is the currentLawyer.
  • 1886 (August 19, 8) --Law No. 13 "Registration Law" (enforced on February 1, 20) is enacted earlier than the Constitution and Civil Code.[16]..It is the law that is the basis of real estate registration and commercial registration, which is the core business of a judicial scrivener.
  • 1890 (23th year of Meiji)- Imperial Japanese ConstitutionEnforcement
  • 1919 (Taisho 8) --Judiciary Scrivener Law Enactment: The "scrivener" under the judicial duties system was legalized as a scrivener, and legally confirmed the difference from the general scrivener who had already done administrative writing.[Annotation 4].
  • 1935 (Showa 10) --Former Enactment of the Judicial Scrivener Law: Changed the name from "Judiciary Scrivener" to "Judiciary Scrivener".
  • 1947 (Showa 22)- The Constitution of JapanEnforcement
  • 1950 (25) --New judicial scrivener law enacted: new under the new constitutionJudicial scrivener lawIs established[15]..The full oversight of the government was abolished.
  • 1978 (53) --Clarified the provisions regarding the purpose of the judicial scrivener system and the responsibilities of the judicial scrivener.Introduced national examination system[15].
  • 2002 (14) --In the reform of the judicial system, business regulations related to summary court proceedings, judicial scrivener corporation regulations, business management business, etc. are established.
  • 2020 (XNUMXnd year of Reiwa) --Establishment of mission rules.It has become possible to establish a judicial scrivener corporation by one judicial scrivener.In addition, the disciplinary authority was changed from the Director of the Legal Affairs Bureau to the Minister of Justice.[17].

mission

The Judicial Scrivenist Law was amended on August 2020, 8, and Article 1 of the Judicial Scrivener Law states that "a judicial scrivener shall be a specialist in registration, deposit, litigation and other legal affairs as stipulated by this law. Our mission is to protect the rights of the people and contribute to the formation of a free and just society. "[Annotation 5].

Qualification / Registration

Qualification to become a judicial scrivener

  • Those who have passed the judicial scrivener examination[18].
  • A person who has been engaged in the duties as a court clerk, court clerk, legal clerk or prosecution clerk for a total of XNUMX years or more, or a person who has equivalent or more legal knowledge and practical experience. Those who have been recognized by the Minister of Justice as having the necessary knowledge and ability to carry out the duties of a judicial scrivener[19].

Details of acquiring qualifications for each route will be described later.

Reason for disqualification

A person who falls under any of the following is not eligible to become a scrivener, regardless of the above.[20].

  • imprisonmentThose who have been sentenced to the above sentence and have completed their execution or have not been executed for more than three years.
  • Minor
  • bankruptcyThose who do not get reinstatement after receiving the decision to start the procedure
  • A civil servant who has been dismissed from disciplinary action and has not passed three years from the date of the disposition.
  • Persons who have been banned from doing business pursuant to the provisions of Article 47 and have not passed three years from the date of the disposition.
  • Persons who have been deregistered as a certified accountant due to disciplinary action, or have been banned from working as a land and house surveyor, patent attorney, tax accountant or administrative scrivener, and have not passed three years from the date of these dispositions.

Adult wardorPerson under ConservationTheDisqualificationThe provisions to be stipulated have been deleted by the "Act on the Development of Related Laws for Appropriate Measures for Restricting the Rights of Adult Guardians, etc." promulgated on June 2019, 6. It was decided to individually and practically examine the situation such as failure and determine whether or not the necessary ability was available.

Registration

To become a judicial scrivener, a person who is qualified to become a judicial scrivenerJapan Federation of Bar AssociationsMust be registered in the list of judicial scriveners[21].. As of April 2020, 4, the number of registered persons was 1 (including 22,724 women, and 4,067 certified judicial scriveners for related business such as summary court litigation agency).[22], The number of judicial scrivener corporations established as of June 2020, 6 is 1[23].

Certified judicial scrivener system

It is a system that allows a scrivener certified by the Minister of Justice to handle certain cases such as civil cases under the jurisdiction of a summary court in the same way as a lawyer, and the certified scrivener is commonly called a "certified scrivener". Being practiced[Annotation 6]..The following conditions must be met in order to be certified by the Minister of Justice.

  • Japan Federation of Bar AssociationsTo complete the course (special training) of the training conducted by the Minister of Justice.[24][25][Annotation 7].
  • Based on the application of the person who has completed this training, the Minister of Justice must be certified as having the necessary ability to carry out related business such as summary court litigation agency.[26].

directed by

Disciplinary action against a judicial scrivener is carried out by the Minister of Justice[27].

Business of a judicial scrivener

The duties of a judicial scrivener are as follows.[28].

Normal judicial scrivener work (original work)

For example,Real estate registration,Commercial registration,Corporate registration,Ship registration,Debt transfer registration,Movable property transfer registrationetc.
For example, each application for registration / deposit procedures, legal bureau procedures such as granting a fixed date, and documents to be attached / provided to these (sales contract, various minutes, articles of incorporation, etc.)[31]) AndReal estate registration rulesProceedings for requesting legal inheritance certification information based on[Annotation 9], Various applications under the self-written certificate will storage system[32] , Naturalization application procedure documents, human rights relief procedure application related documents, etc.
For example, documents prepared to be attached to these petition documents such as complaints, answers, and various appeals, or various documents scheduled to be submitted to these government offices, etc.[35][Annotation 10].
In addition,Legal Affairs Bureau,裁判 所The scope of work also includes the preparation of documents to be submitted to other institutions (such as the prosecution examination committee and ADR institutions).[36].
  • Respond to consultation regarding office work related to the above[37]
  • Submission of prepared documents to the Legal Affairs Bureau, courts, etc.[Annotation 11]

In principle, only qualified personnel can perform these tasks.Monopoly businessIs[38].

Normal judicial scrivener work (incidental work)

It is believed that all judicial scriveners can perform incidental work based on laws and regulations.[Annotation 12].

  • At the request of the parties or other related parties or commissioned by a public officeTrustee,administratorOther business that holds a position similar to these, manages the business of another person, manages or disposes of the property of another person, or acts on behalf of or assists a person who performs these business.[39]
  • At the request of the parties or other related parties or commissioned by a public officeGuardian,Conservator,Assistant,SupervisorOther services similar to these, acting on behalf of, consenting to or revoking the legal acts of others, or supervising those who perform these services.[40]
  • Holding lectures related to the business of a scrivener or a scrivener corporation, publishing publications and other educational and dissemination work[41]
  • Specified business prescribed in Article XNUMX-XNUMX, Paragraph XNUMX of the Act on Reform of Public Services by Introducing Competition (Act No. XNUMX of XNUMX)[42]
  • Business incidental to or closely related to normal judicial scrivener business[43]

So-calledAdult guardian,Inheritance manager,Absent property manager,ExecutorProperty management business such as[44]It is the basis for business such as witness witnesses of notarial act wills and commissioned deeds of notarial act.

Summary court agency related business (certification business)

A certified scrivener can perform the following tasks:[45]..However, as a general ruleLitigationThe value of is 140 million yen[46]Limited to those that do not exceed[47].

  • Representation of civil proceedings in summary court
  • Representation of settlement (prompt decision settlement) procedure before filing an action
  • Representation of payment reminder procedure
  • Representation of evidence preservation procedure
  • Representation of civil protection procedures
  • Representation of civil mediation procedures
  • Representation of small-amount litigation claim execution procedure
  • Acting for alternative dispute resolution
  • Acting for ADR (Alternative Dispute Resolution)
  • Acting for arbitration proceedings
  • Consultation of civil dispute
  • Business acting on behalf of the writing boundary identification procedure (only this business can handle up to a total of 5600 million yen in the assessed value of the target land)

Ancillary work

The judicial scrivener can perform the above-mentioned original work, incidental work, and work incidental to the certification work.[48].

Business examples indicated by other laws and regulations

In addition to the above, specific examples indicated by laws, notifications, judicial precedents, etc. as the scope of business are as follows.

  • Real estate registration methodIdentity verification information provision business based on[49]
  • Witnessing business in real estate sales, etc.[Annotation 13]
  • Business required to investigate and confirm the existence of the substantive relationship that is the premise of the registration application[Annotation 14]
  • Report type registration cause proof About confirmation of registration cause etc. in information[50][Annotation 15]
  • Civil Execution LawProcedure for issuing a registration commission according to Article 82, Paragraph 2[51]
  • Becoming a procedure implementer of private dispute resolution procedures (ADR procedures)[52]
  • Inheritance investigation work conducted at the request of the national or local government[Annotation 16]
  • Arbitration LawArbitrator business based on[53]
  • Prosecution examination committeePreparation of documents to be submitted to (examination petition, withdrawal, witness offer, etc.)[54]
  • Preparation of complaints / accusations to be submitted to the police station[55]
  • Registration, court procedures, etc. Preparation of documents to be submitted to public offices (taxes, requests for certification of public dues, etc.[56]
  • Commissioned agency business for notarial act creation for notaries[57][Annotation 17]
  • Deputy fixed date granting procedure for notaries[Annotation 18]
  • Witness witness work in making a notarial will[58][Annotation 19]
  • Procedures based on religious corporations to be exempt from registration and license tax (so-called precinct certification procedures)[59]
  • Creating a petition to an ADR institution[Annotation 20]
  • Real estate registration methodInvestigation of the whereabouts of the mortgagee in the so-called dormant security interest cancellation procedure stipulated in Article 70, Paragraph 3[Annotation 21].
  • Real estate registration methodActing as an agent for the receipt notice sent to the debtor in the so-called dormant security interest cancellation procedure stipulated in Article 70, Paragraph 3.[60].
  • Heir investigation / confirmation work when the work stipulated in the Judicial Scrivener Law is planned[61][63]
  • Creating a simple legal document in the name of the person accompanying legal advice (for example, notice of statute of limitations)[64][Annotation 22]
  • Liability insurance claim agency for up to 140 million yen, victim claim agency for residual disability, and preparation of documents created in the process of handling these legal affairs[65][Annotation 23]
  • Of the registrations related to display, the following registration application procedure (However, registration of 3 to 6 is limited to the case where the required drawings prepared by the land and house surveyor are attached)[66]
    1. Registration of change or correction of owner display
    2. Registration of rectification of co-ownership
    3. Registration with a copy of the trial attached
    4. Registration by creditor subrogation
    5. Registration of division or merger of land or house by heir
    6. Registration of division of land / building with the document of Article 83, Paragraph 3 of the Old Real Estate Registration Law (including the case where it is applied mutatis mutandis in Article 93-2, Paragraph 2 of the same law)
    7. Registration of land change pertaining to permission under Article 5 of the Agricultural Land Law with the certificate of status of the Agricultural Commission attached
  • At the request of the parties concerned, registration under the provisions of the second sentence of Article 49, Paragraph 1 of the Real Estate Registration Law (registration of the title of the building for the building after the merger and deletion of the registration of the title of the building for the building before the merger) Doing the part (Land surveyorOnly when with)[67]
  • Application for status proof (non-farmland proof) application to the Agricultural Commission[68][Annotation 24]

Crackdown on non-judicial scrivener

  • A person who is not a judicial scrivener or a judicial scrivener corporation (excluding the public commissioned registered judicial scrivener association) who is a member of the judicial scrivener association performs the business of a judicial scrivener, or names a judicial scrivener or a judicial scrivener corporation or a name confusing with this If used, less than 1 yearImprisonmentOr less than 100 yenfineTo be dealt with[69] [Annotation 25].
  • The work stipulated in the Judicial Scrivener Law also applies to the general legal affairs of the Lawyer Law.[Annotation 26]Therefore, you may be accused of violating the lawyer law due to the fact that you violated the scrivener law.[70].
  • Article 73 of the Judicial Scrivener Law excludes cases where other laws provide otherwise, but the "other laws" are limited to the Lawyer Law and the Land and Building Investigator Law, and do not include the Administrative Scrivener Law.[71].
  • It is said that it may not violate Article 73 of the Judicial Scrivener Law if it accompanies legitimate business in the interpretation of the Judicial Scrivener Law.[72]..However, incidental acts that do not violate Article 73 of the Judicial Scrivener Law are said to be interpreted exceptionally and in a limited manner due to the historical background in which registration work, etc. is concentrated on judicial scriveners.[Annotation 27]If it is currently possible to prepare registration application documents for company establishment registration and act as a registration application agent when incidental to the work entrusted by a certified accountant or assistant accountant[73]And, when the other professionals carry out the business of other professionals under the law, they will prepare a request for issuance of a will information certificate to be submitted to the Legal Affairs Bureau under the self-written will storage system If it is possible only if there is an existing need to submit a certificate of[74]Only two points are allowed in the notification.
  • It is said that it may not violate Article 73 of the Judicial Scrivener Law if it accompanies legitimate business in the interpretation of the Judicial Scrivener Law, but administrative scriveners are judicial even if they accompany legitimate business as well as the original business. The interpretation is confirmed by the Supreme Court case that it is not possible to perform scrivener work[75].
  • Regarding the Marine Procedure Commission Agent, the Marine Procedure Agent, who was the predecessor of the system before the establishment of the system, was allowed to perform the above-mentioned incidental act regarding ship registration.[76]..Since it was confirmed by the enactment of the Act on Marine Procedure Agent that it can be performed as an incidental act under the law, it is interpreted that the "Other Laws" in Article 73 of the Judicial Scrivenizer Act does not include the Act on Marine Procedure Agent.[Annotation 28].. For this reason, the judicial scrivener and the Marine Procedure Agent are jointly responsible for ship registration.
  • There are no penalties for accreditation work under the Scrivener Law, but this work isLawyer lawIt is a violation of the Lawyer Law if an unqualified person goes through it because it is a special provision of the law.[77].
  • Document preparation work by non-judicial scriveners (preparation of documents to be submitted to the Legal Affairs Bureau or the District Legal Affairs Bureau, preparation of documents to be submitted to the court or the public prosecutor's office) is also subject to control.[78]However, since there are no restrictions other than Article 3 of the Scrivener Law, all documents submitted and provided are included, not limited to documents that meet certain requirements due to legal requirements. In addition, since there is no time limit regarding the time of preparation, it will be subject to crackdown even if it is scheduled to be submitted to the Legal Affairs Bureau, District Legal Affairs Bureau, courts, and public prosecutors office in the future.[79].
  • Document preparation work (preparation of documents to be submitted to the Legal Affairs Bureau or the District Legal Affairs Bureau, preparation of documents to be submitted to the court or the public prosecutor's office) includes preparation of application forms, petition forms, and attached documents. Since the attached documents of legal documents such as, etc. are also integrated with the legal documents, it is not possible to judge by separating only the attached documents as independent documents.[80].

Business restrictions

  • A judicial scrivener cannot perform any business that is considered to be a normal judicial scrivener business, but whose business is restricted by other laws.[81].
  • Since Article 3 of the Law has the property of reducing the work of Article 8 of the Law, it is said that if it exceeds the scope of work, it will be a problem of violation of Article 3 of the Attorney Law.[82][83].

Organization about judicial scrivener

Japan Federation of Bar Associations

Japan Federation of Bar AssociationsIs a superordinate organization of the Scrivener Association established in each jurisdiction of the Legal Affairs Bureau or the District Legal Affairs Bureau.

Scrivener Association (Unit Association)

A judicial scrivener shall establish a judicial scrivener association by establishing bylaws for each jurisdiction of the jurisdiction of the jurisdiction of the jurisdiction of the office or the jurisdiction of the district judicial scrivener.The purpose of the Scrivener Association is to maintain the dignity of the members and to carry out the affairs related to the guidance and communication of the members in order to improve and progress their business.

  • To establish or change the constitution of the Scrivener Association, the Minister of JusticeAuthorizationMust be received (Article 54 of the Judicial Scrivenist Law).
  • If the member of the judicial scrivener association considers that the member violates this law or an order based on this law, the judicial scrivener association shall report to that effect to the head of the judicial bureau or district legal bureau having jurisdiction over the location of the office of the judicial scrivener association. Must be done (Article 60 of the Judicial Scriveners Act).
  • When the head of the Legal Affairs Bureau or the District Legal Affairs Bureau finds it necessary, he / she investigates the registration application form and other related materials held by the Legal Affairs Bureau or the District Legal Affairs Bureau regarding the existence of facts that violate the provisions of the law or orders based on the law (judicial). Investigations regarding violations of the Scrivener Law, etc.) can be commissioned to the Judicial Scriveners Association established within the jurisdiction (Article 41-2 of the Judicial Scriveners Law Enforcement Regulations).

Public Contract Registration Judicial Scrivener Association

Public Contract Registration Judicial Scrivener AssociationIs an incorporated association stipulated in Article 68 of the Judicial Scrivener Law in order to grant the judicial scrivener authority to a corporation and to properly and promptly handle the commissioned registration of public offices that occurs in large numbers due to the implementation of public works projects.A major feature of commissioned registration is that, in principle, the general registration application procedure is a joint application of the parties, but the commissioned registration procedure is unilateral from the public office even if the public office is the right holder or the obligor. The point is that it is done by commission.Employees are judicial scriveners and judicial scrivener corporations.

Other judicial scrivener related organizations

In addition to the above organizations, the following judicial scrivener-related organizations (voluntary) are active nationwide.

How to get a qualification as a judicial scrivener

験 書 士 試 験

The first route to becoming a scrivener isMinistry of JusticeTo pass the judicial scrivener examination conducted by.The judicial scrivener examination is an examination that selects regardless of age, gender, or nationality.A written test is first conducted, and then an oral test is conducted for those who have passed the written test.

Written exams are usually held in the first (or second) week of JulySundayTo eachLegal Affairs BureauIt is conducted at the test site under the jurisdiction.

In the morning session, 35 multi-limb alternative questions will be answered in 2 hours.The subject isConstitution,Civil law,Criminal law,Commercial law(Company lawQuestions will be given from 4 subjects (including laws and regulations in other commercial law fields).

In the afternoon session, 35 multi-limb alternative questions and 2 descriptive questions will be answered in 3 hours.科目は、択一ではThe subject is an alternativeCivil Procedure Code,Civil Conservation Law,Civil Execution Law,Judicial scrivener law,Deposit Act,Real estate registration method,Commercial registration methodQuestions are given from 7 subjects, and in the descriptive formulaReal estate registration method,Commercial registration methodWill be asked from.

These 11 subjects are examination subjects, and civil law, real estate registration law, commercial law, and commercial registration law are collectively called the four major subjects, and account for most of the questions.In the written test, if a certain score is not reached in each of the morning part multiple choice type, the afternoon part multiple choice type, and the descriptive type, it is a mechanism to fail.

Oral exams are held annually around mid-October.The exam subjects are from the same range as the written exam (however, it is a formal exam that almost all examinees pass every year).Even if it fails, those who pass the written examination will be exempted from the written examination of the next judicial scrivener examination (Article 10, Paragraph 6 of the Judicial Scrivener Law).

When announcing the passing of a written examination, the examination number of the person who took the examination and passed the examination at the examination place will be posted at the Legal Affairs Bureau or the District Legal Affairs Bureau that has jurisdiction over the examination place in early October every year.It will also be posted on the Ministry of Justice website.The announcement of the final pass will be made in early November every year at the Legal Affairs Bureau or the District Legal Affairs Bureau that has jurisdiction over the test site, and the test number and name of the person who passed the test at the test site will be posted.It will also be posted on the Ministry of Justice website, but this is only the examination number.For the final successful applicants, the examination number and name will be published in the official bulletin after a short period of time after the above announcement.

年度Applicant (person)Candidates (people)Successful applicants (people)Pass rate
XNUMX year18,234-4062.2%
218,533-4082.2%
318,599-4082.2%
418,339-4032.2%
518,044-4052.2%
618,266-4402.2%
717,682-4792.7%
819,090-5042.6%
921,158-5392.5%
1021,475-5672.6%
1121,839-5772.6%
1222,715-6152.7%
1323,190-6232.7%
1425,416-7012.8%
1528,454-7902.8%
1629,958-8652.9%
1731,061-8832.8%
1831,87826,2789143.5%
1932,46926,8609193.4%
2033,00727,1029313.4%
2132,55826,7749213.4%
2233,16626,9589483.5%
2331,22825,6968793.4%
2429,37924,0488383.5%
2527,40022,4947963.5%
2624,53820,1307593.8%
2721,75417,9207073.9%
2820,36016,7256603.9%
2918,83115,4406294.1%
3017,66814,3876214.3%
Year of the reunification16,81113,6836014.4%
Reiwa 2nd year14,43111,4945955.2%
Reiwa 3nd year14,98811,925

Work experience route

The second route to becoming a scrivener is from those who have a certain jobMinister of JusticebyExaminationIt is to obtain the qualification of a judicial scrivener through.Article 1 of the Minister of Justice's "Instruction on Qualification of Judicial Scrivener" states that the following persons may request the Minister of Justice to qualify. (1) 裁判 所Clerk,Court clerk,Legal clerkorProsecutor's officePersons who have been engaged in registration, deposit or litigation affairs, or legal affairs equivalent to these affairs, and who have been in a position to judge these affairs at their own risk for a total of 10 years or more, (2) Simple Court JudgeorDeputy prosecutorAs a result, persons who have been engaged in the duties for a total of 5 years or more are stipulated.It is stipulated that the judgment when the person asks for qualification shall be made by dictation and, if necessary, written method.

After obtaining the qualification

Jurisdiction over office location after passing written and oral exams or after obtaining approval from the Minister of JusticeScrivener Association(There are 4 scrivener associations in Hokkaido, and there are 50 unit associations in total)Japan Federation of Bar AssociationsBy being registered in the list of judicial scriveners performed by, you will be able to perform business as a judicial scrivener.Also,Judicial scrivener corporationCan also be established.

In addition, although the system allows you to join and register immediately after acquiring the qualification by law, many successful applicants received training sponsored by industry groups, entered senior offices, and received training for several years. It is common to register and open a business above.

Examination of ability certification of proceedings, etc.

A competence test is conducted to determine that the Minister of Justice has the abilities necessary to carry out related business such as proceedings in proceedings. It is usually held on the first Sunday of June, and the results will be announced around September 6.[84].

年度Candidates (people)Successful applicants (people)Pass rate
153,7882,98978.9%
16 (XNUMXst time)4,4033,41377.5%
16 (second time)3,4392,34268.1%
171,64096658.9%
181,56596965.9%
191,6091,14871.3%
201,44593564.7%
211,49389559.9%
221,5311,05368.8%
231,39191765.9%
241,25982965.8%
251,19683069.4%
261,06274169.8%
2798764965.8%
2894055659.1%
2991552657.5%
3087437743.1%
Year of the reunification93674679.7%
Reiwa 2nd year62549479.0%

More

  • Money Lending Business LawSubject to regulationsMoney lenderIf you receive a notice of acceptance (notice that you have been entrusted with the processing of debt) from a judicial scrivener (including a judicial scrivener corporation regardless of whether it is certified or non-certified), etc., there are certain restrictions on the collection method.[85].
  • NotaryStipulated in Article 13-2 of the ActNotaryOne of the qualifications for open recruitment of (specially appointed notary public) is that those who have more than 15 years of practical experience as a judicial scrivener are stipulated.[86].
  • BailiffA judicial scrivener is listed as one of the qualifications for the recruitment examination.[87].
  • Reserve SDFQualified for (legal) appointment[88].
  • The judicial scrivenerLay judgeCan't get a job[89].
  • The judicial scrivenerProsecution examination committee OfProsecution judgeCan't get a job[90].
  • Judicial scrivener is exempted from some subjects in the patent attorney examination[91][92].
  • For those who passed the judicial scrivener examinationSocial insurance laborerQualify for the exam[93][94].
  • If you are a judicial scrivener and have more than 10 years of work experienceParliamentarian policy secretaryIt is said that those who can receive the selection and employment examination certification (special employment examination, not general examination)[95].

Scrivener emblem

Of the judicial scrivenerbadge(badge) Is "XNUMX paulownia flowers".It is 13 mm in diameter and about 3 mm thick, and has a through numbering on the back.The scrivener emblem is lent after joining the scrivener association (the loan fee is 6500 yen until the refund), and must be promptly returned to the scrivener association when the withdrawal notice is submitted or when the business is suspended.

footnote

[How to use footnotes]

注 釈

  1. ^ Real estate registration, company / corporation commercial registration, movable property / credit transfer registration, ship registration, etc.
  2. ^ Adult guardian・ ・Absent property manager-Executorな ど
  3. ^ Ministry of Health, Labor and WelfareIn the occupation classification table of, the judicial scrivener is classified as "judicial scrivener" (17) of "legal occupation" (175) of "professional / technical occupation" (B).[9].Ministry of Internal Affairs and CommunicationsAccording to the Japanese standard occupational classification, it is classified as "legal worker" (middle classification 17) "judicial scrivener" (175) of "professional / technical worker" (major classification B)[10].. Also from the Ministry of Internal Affairs and CommunicationsJapanese standard industry classificationThen, the judicial scrivener office (7221) is classified as "specialized service industry (not classified elsewhere)" (middle category 72) of "academic research, specialized / technical service industry" (major category L).[11].
  4. ^ It is persuasive to think that the judicial scrivener and the administrative scrivener were not separated from the substitute scribe in the judicial duty system, but were established and developed separately. (Monthly Report, Judicial Scrivener No. 533, p. 76, Social Role of Judicial Scrivener and Future, p. 5).
  5. ^ According to the Ministry of Justice's commentary on "other legal affairs," adult guardianship, property management, and civil trust services are shown as examples. (Registration Study No. 863, p. 19 Hideki Muramatsu: Chief of Civil Affairs Division XNUMX, Civil Affairs Bureau, Ministry of Justice, Kei Takeshita: Director of Civil Affairs Bureau, Ministry of Justice and Director of Proper Placement Countermeasures Office, Takayuki Nakamaru: With Civil Affairs Bureau, Ministry of Justice Explanation of the law that partially amends the Land and Building Investigator Law)
  6. ^ "Certified judicial scrivener" is not a formal legal name, but any of the items in Article 28 of the Judicial Scrivener Law, such as June 6, 27 and July 29, 7. It is also called a "certified judicial scrivener" (hereinafter referred to as "certified judicial scrivener"), and this name is generalized.
  7. ^ A competence test is conducted to determine that the Minister of Justice has the abilities necessary to carry out related business such as proceedings in a proceedings, and if it is judged that there is a certain degree of mastery, it will be certified. (Article 11 of the Enforcement Regulations of the Judicial Scrivener Law)
  8. ^ In addition to the registration agent, this work also includes investigation of the cause of registration and identity verification (Judicial Scrivenger Law, May 13, 5, Saitama District Court, July 10, 19). .7 etc.).
  9. ^ July 29, 7 It became possible to use it by the administrative communication of the Civil Affairs Division 5 of the Ministry of Justice.
  10. ^ There is an old precedent that "various contract documents related to rights and obligations" are included (November 36, 11, the Covenant of the Writer's Union, March 5, 11, response from the Director of the Civil Affairs Bureau), and a wide range of legal documents can be prepared. It is the basis for being able to do it.
  11. ^ Although there is no clear legal provision, it is naturally included in the administrative interpretation along with the "creation" work.January 29, 1 Civil A No. 13 Legal Affairs Vice-Minister's reply, March 2553, 28 Civil A No. 3 Civil Bureau Director Telegram reply
  12. ^ These "decree, etc." include formal laws, orders enacted by administrative agencies, Supreme Court rules, ordinances / rules and other laws and regulations enacted by local governments, official directives, customary law, and factual customs. It is understood that the rules, regulations and rules of the Judicial Scrivener Association are widely included.In addition, since it is supposed to include those that are not prohibited by judicial scriveners by special laws and regulations, the duties of Article 31, Paragraph 1, Item 5 of the Judicial Scriveners Law Enforcement Regulations that do not specify specific duties are natural persons. It is supposed to include all the work normally performed by a judicial scrivener (Note: Judicial Scrivenist Law)[Detailed information for identifying documents]).
  13. ^ In the court case, it is regarded as a "publicly known fact", and the business is recognized and the obligation to compensate for damages is recognized regarding the commissioned work. May 63, 5 Osaka District Court Judgment No. 25, p. 1316. Others December 107, 25 Yokohama District Court decision, etc.
  14. ^ Commentary Scrivener Law (37rd edition) p61.In the case law, it is obligatory to investigate and confirm the existence of the substantive relationship that is the premise of the application for registration (January 1, 27, Osaka District Court Decision Judgment Times No. 612, p. 59, Jihosha Jihosha, No. 1208, p. 96), and the judiciary. When a scribe accepts the registration application procedure, the judicial scribe who is the delegate is required to handle the other alternative affairs except for acts that can only be done by the delegator (62). January 1, 30 Kyoto District Jihosha Jihosha Jihosha No. 1246, p. 122) Therefore, for example, to investigate the existence of non-agricultural land and to confirm the practice of the procedures stipulated in the Religious Corporation Law for property disposal, etc. As an agent, you will be obliged under the judicial scrivener law.Therefore, confirmation of facts, preparation of documents, consultation, etc. necessary for fulfilling these obligations are the duties of a judicial scrivener.
  15. ^ When creating the registration cause certification information as a business (it is necessary to state in the power of attorney that the authority has been granted for the creation of the registration cause certification information) at the request of the parties, the person who created the registration cause certification information The seal of a certain registration right holder and registration obligor is required (however, the seal of the registration right holder is not always necessary), and the fact that the qualified agent has confirmed the cause of registration is as follows: (1) Date and place of confirmation・ Attendants, etc., (2) Confirmed facts (identification of both the registration right holder and the registration obligor, sales contract, payment and receipt, receipt, etc.), (3) Other useful information for a later date (A copy of the receipt, etc.), and after confirming the last confirmation, the name and job seal will be affixed based on the provisions of Article 28 of the Judicial Scrivener Law Enforcement Regulations.In the same document, the mandates referred to as "all matters related to registration application" include the mandates related to the preparation of documents to be submitted to the Legal Affairs Bureau, so these mandates are also possible.
  16. ^ September 29, 9 Ministry of Justice Civil System No. 13 Ministry of Justice Civil Bureau Director's request states that when outsourcing the heir search business to a scrivener, a copy of the family register, etc. can be investigated by a request from the scrivener. The Ministry of Land, Infrastructure, Transport and Tourism guidelines provided are incorporated.In addition, on July 70, 29, the Civil Affairs Bureau of the Ministry of Justice has arranged the acquisition of family register by request for duties on the premise that heir investigation work can be performed in response to the chairman of Nijiren No. 7.
  17. ^ The "Judiciary Scrivener Compensation Standard", which was abolished on January 15, 1, has an item for commissioning a notarial act, and since this compensation standard was approved by the Minister of Justice, the Ministry of Justice has decided to make it workable. I have admitted it for a long time.
  18. ^ The "Judiciary Scrivener Compensation Standard", which was abolished on January 15, 1, has an item for acting as a definite date granting procedure, and since this compensation standard was approved by the Minister of Justice, the Ministry of Justice is responsible for its business performance. It is understood that he had previously admitted.
  19. ^ Judgments have been made on the premise of the workability of the judicial scrivener who witnessed in recent court cases (Osaka High Court decision on March 19, 3, Tokyo High Court decision on July 16, 22, etc.), etc. It is also recognized in the response from the President of the Japan Scrivener Association, dated April 7, 15.
  20. ^ After discussions between the Ministry of Justice and the Japan Association of Scrivener Associations, the treatment can be treated as equivalent to "preparation of documents to be submitted to the court". In addition, based on the results of the discussion, it was decided from the Japan Legal Support Center Headquarters on October 24, 10 that the administrative scrivener's nuclear power plant ADR document preparation will be covered by the earthquake disaster document preparation assistance by the documents addressed to each regional office manager and branch manager. Has been done.
  21. ^ According to the same question and answer session of the Chief Registrar's Association in 63 (so-called Q & A at the time of special setting), "There is no problem with the judicial scrivener acting on behalf of the registration. There is no need for a special authorization to revoke the mortgage because it is a substitute for the mortgage, "said the Civil Affairs Bureau of the Ministry of Justice. (Civil Monthly Report Vol. 44 Extra P178-P202)
  22. ^ Article 17 of the Japan Legal Support Center Business Procedure Manual stipulates that the business should be assisted.
  23. ^ These are judicial precedents related to the Attorney Act, but it is understood that it is possible to carry out business within the scope of the certified judicial scrivener system, which is a special law of Article 72 of the Attorney Act.
  24. ^ In the Agricultural Land Law-related paperwork procedure (Agricultural Land No. 45, December 12, 1), the applicant for the status proof is defined as "a person necessary for registration of rights, etc." It is said that it can be done not only in the change registration but also in the scene necessary for the registration of the right.
  25. ^ 第3条第1項第1号から第5号までに規定する「業務」の定義は反復継続する意思で第3条第1項第1号から第5号の事務を行うことであり、反復継続する意志があれば、報酬を得る目的は必要ではないとされている(注釈司法書士法、最高裁昭和39年12月11日第2小法廷判決、大審院昭和9年3月16日判決(司法代書人法時代)。)
  26. ^ The judicial precedent has traditionally taken this view (November 7, 11, Tokyo High Court decision), but on June 29, 6, a law (decree) to partially revise the Judicial Scrivenist Law and the Land and Building Investigator Law. With the enactment of the Law No. 6 of the First Year of Japan (promulgated on the 29th of the same month and enforced on the 12st of August XNUMXst of the XNUMXnd year of Reiwa), it has been clearly stipulated in the Judicial Scrivenger Law.
  27. ^ 平成9年5月23日仙台高等裁判所判決では「登記業務が原則として司法書士に集中された理由に鑑みると、右のような通達(昭和25年7月6日民事甲第1867号民事局長通達。昭和35年7月29日民事甲第1899号民事局長通達)による取扱いは、あくまでも例外的かつ限定的なものと解される」としている。
  28. ^ Note The Act on Marine Procedure Agents p.473 stipulates that the Act on Marine Procedure Agent does not fall under Article 73 "Other Laws" of the Act on Marine Procedure Agents. The 10th Parliamentary Transport Committee Deputy Secretary of Transport Legislation Explanation of the purpose of the legislation, editorial Recent movements of the law (No. 41) From the law related to legal affairs that passed the 17th Parliament (Masao Samejima: Director, Legal Affairs Bureau, House of Representatives, Registration Study No. 1 ), It is clear that the Judicial Scrivener Law applies to the proviso of Article XNUMX, Paragraph XNUMX of the Maritime Agent Law, "when other laws and regulations have special provisions", and the judicial scrivener is a ship due to the enforcement of the Maritime Agent Law. There is no concern that registration will not be possible, and the Ministry of Transport, the planning authority, is thinking in the same way. "

Source

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  2. ^ "Shiho-shoshi (Solicitor)”. Japan Scrivener Association. October 2016th, 8Browse.
  3. ^ "Scrivener Pamphlet English version Shiho-shoshi (Solicitor) Profile (PDF)”. Japan Scrivener Association. October 2016th, 8Browse.
  4. ^ History of judicial scrivener Retrieved February 2021, 1
  5. ^ "Judicial scrivener law". October 2020th, 8Browse.
  6. ^ "Business of a judicial scrivener". Ministry of Justice (June 2011). October 2016th, 8Browse.
  7. ^ Meaning of eight professionals goo dictionary Retrieved March 2021, 3.
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  9. ^ "B Professional / technical occupation". Ministry of Health, Labor and WelfareEmployment Security Bureau (June 2011). October 2015th, 5Browse.
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  13. ^ Mami Kato, Takami Oda "Possibilities for the development of professional ADR-Focusing on the current status survey and analysis of the Judiciary Scrivener Association ADR- (PDF) "Annual Report on Regional Creation Research" No. 11, Ehime University Regional Creation Research Center, 2016, pp. 12-40. “Of the 438 summary courts nationwide, 434 summary court jurisdictions have judicial scrivener offices covering approximately 99.0% of the summary courts. The number of summary courts with certified judicial scriveners is The coverage rate is 432, which is about 98.6% (...) The judicial scrivener has one of the core duties of registration, so not only the metropolitan area and the center of the city where the prefectural office is located, but also the registry office ( It is also widely distributed in small and medium-sized cities where the Legal Affairs Bureau) is located. "
  14. ^ Japan Association of Scriveners (March 2012, 3). “About "the ideal system for training legal profession" etc. (PDF)". Forum hearing resume on legal profession trainingMinistry of Justice. October 2018th, 6Browse.
  15. ^ a b c History of judicial scrivener Japan Association of Scrivener Associations Retrieved March 2021, 3.
  16. ^ "History of judicial scrivener”. LEC Tokyo Legal Mind. October 2018th, 6Browse.
  17. ^ Extra "Government Ordinance Establishing the Enforcement Date of the Law for Partial Amendment of the Judicial Scrivenist Law and the Land and Building Investigator Law" dated June 2020, 6
  18. ^ Judicial Scrivener Law Article 4, Item 1
  19. ^ Judicial Scrivener Law Article 4, Item 2
  20. ^ Article 5 of the Judicial Scrivener Law
  21. ^ Judicial Scrivener Law Article 8 Paragraph 1
  22. ^ https://www.shiho-shoshi.or.jp/association/release/rengokai-data/
  23. ^ https://www.shiho-shoshi.or.jp/association/shiho_shoshi_listh/
  24. ^ Judicial Scrivener Law, Article 3, Item 2
  25. ^ Ministerial Ordinance Establishing the Corporation of Article XNUMX, Paragraph XNUMX, Item XNUMX of the Judicial Scrivener Law
  26. ^ Judicial Scrivener Law, Article 3, Item 2
  27. ^ Article 47 of the Judicial Scrivener Law
  28. ^ Judicial scrivener lawArticles 3, 29 and Judicial Scriveners Law Enforcement Regulations Article 31
  29. ^ Judicial Scrivener Law Article 3, Paragraph 1, Item 1
  30. ^ Judicial Scrivener Law Article 3, Paragraph 1, Item 2
  31. ^ September 39, 9 Civil A No. 15 Civil Bureau Director's reply
  32. ^ Reiwa August 2, 8nd Minji 5 Civil Affairs Bureau Director's reply
  33. ^ Judicial Scrivener Law Article 3, Paragraph 1, Item 3
  34. ^ Judicial Scrivener Law Article 3, Paragraph 1, Item 4
  35. ^ September 39, 9 Civil A No. 15 Civil Bureau Director's reply
  36. ^ September 36, 10 Civil A No. 14 Civil Bureau Director's reply
  37. ^ Judicial Scrivener Law Article 3, Paragraph 1, Item 5
  38. ^ Article 73, Paragraph 1 of the Judicial Scriveners Act
  39. ^ Judicial Scrivener Law Enforcement Regulations Article 31, Paragraph 1, Item 1
  40. ^ Judicial Scrivener Law Enforcement Regulations Article 31, Paragraph 1, Item 2
  41. ^ Judicial Scrivener Law Enforcement Regulations Article 31, Paragraph 1, Item 3
  42. ^ Judicial Scrivener Law Enforcement Regulations Article 31, Paragraph 1, Item 4
  43. ^ Judicial Scrivener Law Enforcement Regulations Article 31, Paragraph 1, Item 5
  44. ^ Judicial Scrivener Law Enforcement Regulations Article 31, Paragraph 1, Items 1 and 2
  45. ^ Judicial Scrivener Law, Article 3, Paragraph 1, Items 6 to 8
  46. ^ Court Law Article 33, Paragraph 1, Item 1
  47. ^ Judicial Scriveners Law, Article 3, Paragraph 1, Items 6 to 8 and Judicial Scriveners Law, Article 29, Paragraph 1, Item 2
  48. ^ September 39, 9 Civil A No. 15 Civil Bureau Director's reply, etc.
  49. ^ Real estate registration methodArticle 23
  50. ^ Registered Research No. 730 "Practical Perspective", Article 28 of the Judicial Scriveners Law Enforcement Regulations
  51. ^ Civil Execution LawArticle 82 paragraph 2
  52. ^ Act on Promotion of Use of Out-of-June Dispute Resolution ProceduresArticle 6 No. 5,Judicial scrivener lawArticle 3, Paragraph 1, Item 7, Article 3, Paragraph 2 of the same
  53. ^ Arbitration LawArticle 17,Judicial scrivener lawArticle 22
  54. ^ September 36, 10 Civil A No. 14 Civil Bureau Director's reply
  55. ^ February 14, 2 Answer from the police director
  56. ^ 昭和39年9月15日民事甲第3131号民事局長回答、昭和39年7月7日自治省事務次官通知、昭和62年6月19日行政課長回答、平成16年6月18日内閣衆質159第158号内閣総理大臣答弁、平成20年12月8日規制改革会議への要望に対する法務省回答、平成21年1月20日規制改革会議への要望に対する法務省再回答、詳解行政書士法p.218、行政書士関係法令先例総覧文書番号34および209
  57. ^ 司法書士法施行規則第31条第1項第5号、最高裁平成15年12月18日決定、最高裁判所判例解説(刑事編)平成15年、平成6年5月31日札幌高等裁判所判決、平成7年5月10日札幌高等裁判所判決
  58. ^ Judicial Scrivener Law Enforcement Regulations Article 31, Paragraph 1, Item 5
  59. ^ Registration and License Tax Law Enforcement Regulations Article 4, November 35, 11, Ministry of Home Affairs No. 10, addressed to Iwate Prefecture General Affairs Department Manager
  60. ^ Registration Research No. 560 Q & A, July 63, 7 Minji No. 1 Civil Affairs Bureau Director's Notification No. 3456-3
  61. ^ Judicial Scrivener Law Article 3, Paragraph 1, Item 5
  62. ^ Nagoya District Court Civil Part 6 Judgment December 17, 12,17 (Wa) 255, "Insurance claim case".
  63. ^ Dec. 17, 12 Nagoya District Court decision on heir investigation and finalization work for inheritance tax calculation requested by a tax accountant[62]
  64. ^ Comprehensive legal support lawArticle 30 Paragraph 1 Paragraph 2 E
  65. ^ Judgment of Osaka High Court on June 26, 6, Judgment of Tokyo District Court on July 12, 28
  66. ^ May 44, 5 Civil A No. 12 Civil Bureau Director's Notification
  67. ^ September 5, 9 Minji No. 29 Notification of the Director of the Civil Affairs Bureau
  68. ^ May 44, 5 Civil A No. 12 Civil Bureau Director's Notification, September 1093, 39 Civil A No. 9 Civil Bureau Director's Answer, Token No. 15
  69. ^ Articles 73 and 78 of the Scrivener Law
  70. ^ September 33, 9 Supreme Court decision
  71. ^ October 19, 10 Judgment of Miyazaki Branch of Fukuoka High Court, January 2, 20 Supreme Court Second Small Court Decision, Commentary Judicial Scrivener Law p.1, Registration Study No. 16, page 473 Q & A (Business of Judicial Scrivener) about)
  72. ^ June 26, 6 Civil A No. 26 Civil Bureau Director's Notification "Handling with the enforcement of the law that partially amends the Judicial Scrivener Law"
  73. ^ May 25, 7 Civil A No. 6 Civil Bureau Director's Notification
  74. ^ Reiwa August 2, 8nd Minji No. 5 Civil Affairs Bureau Director's reply
  75. ^ February 12, 2 Supreme Court Third Small Court Decision, October 8, 19 Fukuoka High Court Miyazaki Branch Decision, January 10, 2 Supreme Court Second Small Court Decision
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  77. ^ Lawyer Article 72
  78. ^ Article 73 of the Judicial Scrivener Law, Registration Research No. 145, p. 46 Q & A (Regarding the preparation of documents for non-judicial scriveners), September 37, 9 Answer by the administrative scrivener No. 29, Administrative Scrivener It is answered that it is out of the scope of business to prepare documents scheduled to be submitted to
  79. ^ Judicial Scrivener Law Article 3, Annotation Judicial Scrivener Law. The same applies to administrative scriveners, which are similar systems (detailed administrative scrivener law p.30).
  80. ^ 平成19年3月9日佐賀地裁判決(判例タイムズ1270号48頁。なお一審の平成18年3月6日佐賀簡易裁判所判決において平成12年2月8日最高裁判所第三小法廷判決を援用し同旨の判断を出している。)
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  82. ^ “House of Representatives Legal Committee” (PDF). 6The 154th Diet. (2002-04-05). http://kokkai.ndl.go.jp/SENTAKU/syugiin/154/0004/15404050004006.pdf 
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  92. ^ Patent Attorney LawEnforcement Regulations Article 6 No. 10
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  95. ^ Article 19 of the Regulations for Implementing the Policy Secretary Qualification Examination for Parliamentarians

Related item

外部 リンク


Administrative scrivener

Administrative scrivenerWhat is (Gyoseisho)?Administrative scrivener lawbased onNational qualificationso,Government office[Annotation 1]Documents to be submitted toRights and obligations-Proof of factDocuments about[Annotation 2]Preparation, submission procedure, documents to be submitted to public offices prepared by an administrative scrivenerAdministrative appealProcedures (limited to those who have an additional note of a specific administrative scrivener (described later)), etc.proxy, A profession that responds to consultations associated with creation[1].Lawyer-patent attorney-Judicial scrivener-Tax accountant-Social insurance laborer-Land surveyor-Maritime agentAnd the right to claim is granted on the job8 professionone of.badge TheCosmosThe character of "line".

Overview

Administrative scrivener law(Act No. 26 of 4)1997 (Heisei9 years)Purpose(Article 1[Annotation 3]) Was added, and it was clarified that the purpose of the administrative scrivener system, including the subsequent amendments, was to "realize the rights and interests of the people."

Administrative scriveners receive compensation at the request of others and submit documents (including electromagnetic records) to public offices andRights and obligations-Proof of factRegarding documents related to, on behalf of or on behalf of preparation, preparation and submission in accordance with the law (Emissary (legal term)) In addition, the business is to respond to consultations associated with the preparation of the relevant documents.In addition, a person who has a specific administrative scrivener (described later) will be able to act on behalf of the administrative appeal procedure, etc. regarding the documents submitted by the administrative scrivener, and the documents to be submitted to the public office. Can be a business to create[1].

Documents created by administrative scriveners range from simple notification documents to complicated licensing procedures, and are said to reach 3000 types.[1].LicensingSuch asApplication form・ In addition to documents to be submitted to government agencies such as attached documents,contract,Articles of IncorporationCreate documents related to rights, obligations, and proof of facts[1]..We also offer consultation when preparing those documents.[1]..Typical examples are registration procedures when purchasing a new car, approval procedures when opening a restaurant or construction business, approval procedures when approval is required to establish a corporation, and articles of incorporation certification procedures / minutes, etc. Preparation (excluding registration procedures, and excluding establishment of corporations for which registration is a requirement for validity), procedures for renewing and changing the status of residence of foreigners, etc.[1].

The occupational area of ​​the administrative scrivener isLand surveyor,Judicial scrivener,Social insurance laborerIt is closely related to the occupational areas handled by such companies.Therefore, there are many administrative scriveners who have acquired these qualifications and work concurrently.[1]..Practical knowledge and understanding of the documents to be handled are essential for carrying out business[1].Construction business law,Real estateandFarmlandFamiliarity with laws and regulations related to[1]..Writing ability to accurately express the gist is also indispensable when creating documents[1].

The majority of workers are middle-aged and older men[1]. Also,Tax accountant,Land surveyor,Social insurance laborer,Judicial scrivener,Residential land building dealerMore than half of the companies have other jobs such as[1].

In recent years, the documents to be submitted to public offices have tended to be simplified, and with the improvement of administrative services, simple documents to be submitted to public offices can be easily created and submitted by the person himself / herself.[1]..Therefore, it is expected that future administrative scriveners will deepen their involvement in document preparation that requires a high degree of specialized knowledge.[1].

Ministry of Health, Labor and WelfareIn the occupation classification table of, administrative scriveners are classified as "professional / technical occupations" (B), "other professional occupations" (24), and "non-classified professional occupations" (249).[2].Ministry of Internal Affairs and CommunicationsThere is no description of an administrative scrivener in the Japanese standard occupation classification of[3].. Also from the Ministry of Internal Affairs and CommunicationsJapanese standard industry classificationThen, the administrative scrivener office (7231) is classified as "specialized service industry (not classified elsewhere)" (middle category 72) of "academic research, specialized / technical service industry" (major category L).[4].

There are various English names, such as Certified Administrative Procedures Specialist, Administrative Scrivener, and Immigration Lawyer.Ministry of JusticeIn the Japanese law foreign language translation database system, it is translated as Certified Administrative Procedures Legal Specialist.

Qualification / Registration

In order to become an administrative scrivener, it is necessary to obtain the following qualifications and to be registered by the Japan Federation of Certified Administrative Procedures Associations via the administrative scrivener associations of each prefecture.

Qualification to become an administrative scrivener

If any one of the following is true, you are qualified.

Reason for disqualification

A person who falls under any of the following is not qualified to become an administrative scrivener, regardless of the above.[8].

  • Minor
  • bankruptcyIn response to the decision to start the procedureRehabilitationThose who do not get
  • imprisonmentThose who have been sentenced to the above sentence and have completed their execution or have not been executed for more than three years.
  • Civil servant(Administrative executive corporation or specificLocal independent administrative corporationIncluding officers or staff ofDisciplinary dismissalThose who have been punished and have not passed two years from the date of the punishment
  • Persons who have been revoked from registration pursuant to the provisions of Article 6-5, Paragraph 1 and have not passed three years from the date of the disposition.
  • Persons who have been banned from doing business pursuant to the provisions of Article 14 and have not passed three years from the date of the disposition.
  • By disciplinary actionBar associationThose who have been dismissed from the above, have been deregistered as a certified accountant, have been banned from working as a patent attorney, tax accountant, scrivener or land and house surveyor, or have been disqualified as a social insurance labor consultant. Those who have not passed 3 years since the date of receipt

Adult wardorPerson under ConservationTheDisqualificationThe provisions to be stipulated have been deleted by the "Act on the Development of Related Laws for Appropriate Measures for Restricting the Rights of Adult Guardians, etc." promulgated on June 2019, 6. It was decided to individually and practically examine the situation such as failure and determine whether or not the necessary ability was available.

Registration

To become an administrative scrivener, a person who is qualified to become an administrative scrivenerJapan Administrative Scrivener AssociationMust be registered in the administrative scrivener list of[Annotation 5].. As of October 2017, 10, the number of registrants is 1, and there are 46,957 corporations.

badge

Administrative scrivenerbadge TheCosmos OfpetalInTypefaceThe "line" character is designed (the material is gold-plated on a sterling silver pedestal, and the surface of the line character is platinum).

In addition, the administrative scrivener assistant can be an assistant by registering as an assistant.badgeCan be issued (design isCosmos OfpetalThe description of "supplement" in.The material is alloy glossy nickel plating).

directed by

Disciplinary action against administrative scriveners is carried out by the prefectural governor[9].

The prefectural governor may request or recommend a report on the administrative scrivener association.[10].

Business

The work performed by the administrative scrivener is as follows.

Business under the Administrative Procedures Legal

Monopoly business

Exclusive business content

Preparation of documents to be submitted to public offices and other documents related to rights and obligations or fact proofIs an administrative scrivener or, unless otherwise provided by other lawsAdministrative scrivener corporationThose who are not rewarded[Annotation 6]It is said that it cannot be done as a business[12], Criminal punishment can be imposed if violated[13].

Exclusive business exception

As shown below, judicial precedents and administrative notifications indicate that there are widespread cases of "when there are other provisions of other laws" that do not violate the Administrative Procedures Legal Law even if an unqualified person performs them.

  • When a person specified by the Ordinance of the Ministry of Internal Affairs and Communications creates an electromagnetic record of a procedure specified by the Ordinance of the Ministry of Internal Affairs and Communications as a person who has considerable experience or ability in the procedure.[14]
  • When it is accompanied by doing legitimate business[15]
  • Creating documents other than those that are externally meaningful and comparable to the documents submitted to public offices[16]
  • Fill in some of the items to be submitted to the public office for a fee.[17]
  • When a judicial scrivener is attached to the scope of business and prepares public offices and other rights and obligations / factual certificates[18]
  • When a land and house surveyor is attached to the scope of work and prepares public offices and other rights and obligations / proof of facts[19]
  • Bookkeeping agency accounting business
Accounting documents are created as factual certificates, but it is considered to be a free business that anyone can do.[20].
  • Creating a report to receive compensation and report the results, etc. as a business whose main content is survey and analysis
It is said that it is beyond the scope of administrative scrivener's substitute work.[21].

Non-exclusive business

Article 1 of the Administrative Procedures Legal3Also stipulates the work that an administrative scrivener can do as follows.

Businesses that are prohibited by unqualified persons under the clear statement of Article 19, Paragraph 1 of the Administrative Procedures Law are those that are prohibited from being carried out by unqualified persons, as described in Article 1 of the Administrative Procedures Law.2It is the business stipulated in "Creating documents to be submitted to public offices and other documents related to rights and obligations or proof of facts".Therefore, Article 1 of the Administrative Procedures Legal Law3Business monopoly does not extend to the business specified in[Annotation 7].

  • Representing an act against a public office in the procedure for submitting documents to be submitted to the public office[22]
  • Acting on behalf of an act against a public office in procedures such as hearings conducted regarding licensing, etc. relating to documents to be submitted to the public office[23]
  • Representing the procedure for appealing to the administrative agency, such as requesting examination of permits, etc. concerning the documents to be submitted to the public office prepared by the administrative scrivener, and preparing the documents to be submitted to the public office for the procedure.[24][Annotation 8]
  • Creating contracts and other documents as an agent[25][Annotation 9]
  • Respond to consultation regarding the preparation of documents that can be prepared by an administrative scrivener[26]

Business stipulated by other laws

As listed below, there are some other laws that clearly stipulate that it is the work of an administrative scrivener.

Immigration Control and Refuge (Application Agency Business)

Administrative scrivener on behalf of foreigners the following immigration bureau procedures[Annotation 10]It is said that the foreigner who requested the procedure does not need to appear for certain procedures.[27]..In addition, in order to carry out these tasks, it is necessary to undergo a certain amount of training and examination and be certified as an application agency.

Tax accountant law

  • The administrative scribe or the administrative scribe corporation uses the name of the administrative scribe or the administrative scribe corporation, respectively, and at the request of others, golf course use tax, automobile tax, light vehicle tax, business tax, oil and gas tax, real estate acquisition tax. , Prefectural Tobacco Tax (including Metropolitan Tobacco Tax), Municipal Tobacco Tax (including Special Zone Tobacco Tax), Special Land Ownership Tax, and Bathing Tax[Annotation 11][28][29].

Social Insurance Labor and Social Security Attorney Law

  • Those who are administrative scriveners who have joined the administrative scrivener association as of September 55, 9, for the time being, receive compensation at the request of others, work, application forms under social insurance laws, etc. Creation of books and documents[Annotation 12]Can be a business[30].

Act on Marine Procedure Commission Agent

  • It is said that administrative scriveners can also carry out procedures based on the Coastal Shipping Business Law and the Seafarers' Employment Security Law "for the time being" regardless of the restrictions of the Maritime Agent Law.[31]

Business restrictions

Administrative scriveners cannot perform tasks restricted by other laws, even if they are included in the above tasks.[32].. "Other laws" include lawyer law, notary law, judicial scrivener law, maritime agent law, certified public accountant law, tax accountant law, social insurance labor law, and architect law.[33][Annotation 13]..Specific examples are as follows, which are widely regulated by judicial precedents and administrative notifications.

  • Creation of work rules (excluding administrative scriveners in Supplementary Provision 55 of the 2 revision of the Administrative Procedures Law)[34]
  • Preparation of complaints and accusations based on the Labor Standards Act, preparation of declarations under Article 104, Paragraph 1 of the Labor Standards Act, and submission of these (excluding administrative scriveners under Supplementary Provision 55 of the 2 revision of the Administrative Procedures Act)[35]
  • A document containing manifestations of intention such as invoices and reminder letters that exceed the mere creation level[36]
  • Various documents (contracts, heritage division agreements, articles of incorporation, minutes, etc.) scheduled to be submitted to the Legal Affairs Bureau, courts, etc. for registration and court procedures should be prepared and prepared in the process of handling these affairs. Preparation of documents (for example, preparation of application for issuance of residential house certificate, preparation of status certification application, preparation of precincts certification application, etc.)[37][Annotation 14]
  • Representation of procedures for appeals to administrative agencies such as requests for examination to public offices, preparation of documents (except when a specific administrative scrivener makes a license for preparing documents by an administrative scrivener)[38]
  • Document preparation, consultation, and advice in situations where legal disputes are expected to occur in the future.[Needs verification]
  • In addition to compulsory automobile liability insurance claim agency and victim claim agency business for residual disability, preparation of documents created in the process of handling legal affairs related to general legal cases[Needs verification]
  • In the administrative scrivener, while knowing that the client will use the petition and other documents that are prohibited by other laws as attachments, prepare at the request of the client (for duties such as a copy of the family register to create) Acts such as billing[39][Annotation 15][Annotation 16]
  • Preparation of documents submitted by the Legal Affairs Bureau, such as applications for will storage under the self-written certificate will storage system[Annotation 17][Needs verification]
  • It is not possible for an administrative scrivener to request only a copy of a third party's family register or removal from the family register, an extract, or a certificate of stated matters from another person, and to request a copy of the family register, etc. in the name of the administrative scrivener based on the request. Not included in the duties of administrative scriveners stipulated by law[41]

Business obligations

confidentiality

An administrative scrivener must not divulge any secrets that he or she has learned about the matters handled in the business without a justifiable reason, and even after he is no longer an administrative scrivener.[42]..Anyone who violates this will be punished by imprisonment with work for not more than 1 year or a fine of not more than 100 million yen.[43].

Obligation to register

The administrative scrivener must sign the written document and affix its job seal.[44].

Obligation to continue business

If the administrative scrivener does not continue to work as an administrative scrivener for more than 2 years,Japan Administrative Scrivener AssociationCan unregister[45].

Obligation to respond to requests (obligation to accept)

An administrative scrivener cannot refuse a request unless there is a justifiable reason.[46].

Specified administrative scrivener

Legal training for specific administrative scriveners conducted by the Japan Federation of Certified Administrative Procedures[Annotation 18]An administrative scrivener who has completed (passed all lectures and examinations) has filed an appeal to the administrative agency, such as a request for examination, a request for re-investigation, a request for re-examination, etc. regarding the approval of documents to be submitted to the public office prepared by the administrative scrivener. A specific administrative scrivener will be added so that you can represent all the procedures and prepare documents to be submitted to the public office for the procedures.[47]..In addition, the name and notation of "specified administrative scrivener" has a basis provision in the Administrative Procedures Law.[Annotation 19].

The results of the examination conducted after attending the legal training for specified administrative scriveners are as follows.9.1% of all administrative scriveners are marked with a specific administrative scrivener (as of November 2nd year of Reiwa), and 11 of certified judicial scriveners are stipulated to have a system that allows them to perform specific tasks in similar qualification examinations. The current situation is low compared to%, 75% of specified social insurance labor consultants, 63% of certified land and house surveyors, and 30% of attorneys with specific infringement litigation agency services.

Specified administrative scrivener examination pass rate[1]
年度Trainees (people)Candidates (people)Successful applicants (people)Pass rate
273,6383,5172,42869.04%
281,4531,17376665.3%
2961061739964.7%
3051946731968.3%
Year of the reunification50343731271.4%
Reiwa 2nd year43838626368.1%

Organization about administrative scrivener

Administrative scrivener corporation

An administrative scrivener can establish a corporation for the purpose of conducting business systematically.[48].

Administrative scrivener association (unit meeting)

Administrative scriveners must establish one administrative scrivener association by establishing rules for each prefecture area.The administrative scrivener association aims to maintain the dignity of members and to carry out affairs related to the guidance and communication of members in order to improve and progress their operations.[49].

Japan Administrative Scrivener Association

Administrative scrivener associations nationwide have established bylaws,Japan Administrative Scrivener AssociationMust be established[50].

History until the enactment of the Administrative Procedures Legal Law and after that

1951 Until the Administrative Procedures Legal is enacted in (Showa 26), anyone can obtain permission from the police office that has jurisdiction over the location of the office.Substitute book businessI was able to run.However, some of them were random scribes, so in order to crack down on such scribes from the latter half of the 30's of the Meiji era, the Metropolitan Police Department decree and each prefectural decree issued the scribe control rules at each local level. Was done.After that, in 1920 (Taisho 9), there was a scribe control rule that unified the control rules in each area.Ministry of InteriorIt was issued as a ministerial ordinance.The substitute writer defined by this national unified rule will trace the genealogy leading up to the current administrative scrivener.Regarding the establishment of the administrative scrivener system, the scrivener (in-house scrivener) who was in charge of preparing court documents was the scrivener law in 1919 (Taisho 8), the year before the enactment of the scrivener control rules. Was enacted, and since it traces the lineage leading to the scrivener, the administrative scrivener and the scrivener are not separated from the scrivener in the judicial duty system, but the two scriveners, the scrivener and the administrative scrivener, are established separately. The theory that it is more persuasive to think that it has evolved[51]The theory that the two scriveners were separated by the enactment of the Judicial Scrivener Law from the scriveners in the judicial duties system.[52][53][54]There is.

"Scrivener Taram Tosuru person C Registered domicile, address, name, age and history'

— Taisho Kyunen, Ministry of Interior Ordinance, No. XNUMX, Regulations for Controlling Scriveners, No. XNUMX

After that, during the Constitution of the Empire of Japan, attempts were made to enact the Administrative Procedures Legal 2-3 times, but the deliberation was not completed and the proposal was abolished.[55].

1938 (Showa 13), as a bill submitted by members of the House of Representatives, an administrative scrivener bill was submitted to the 73rd Imperial Diet for the purpose of improving the status of substitute writers, but it was not passed.[56]. afterwards,1939 (Showa 14) The 74th Imperial Diet[57],1940 (Showa 15) The 75th Imperial Diet[58]It was submitted to, but was not established.1941 At the 16th Imperial Diet (Showa 76), a petition for "renaming a substitute scrivener to an administrative scrivener"[59]However, the petition was not passed because it was decided to be deliberated under the jurisdiction of the Ministry of Interior.

After the warThe Ordinance of the Ministry of Interior, the Regulations for Controlling Scriveners, expires.1947 (Showa 22), at the 92nd Imperial Diet, "Judicial scriveners have improved their status compared to administrative scriveners due to the enactment of the Judicial Scrivener Law. It is regrettable that there is no enactment of the Administrative Procedures Law for administrative agents. Yes, it is necessary to enact the Administrative Scrivener Law. "[60]Under the petition regarding the enactment of the Administrative Procedures Legal[61]Was made, and the petition passed, and progress was made toward the enactment of the Administrative Procedures Legal.

Then, the administrative scrivener bill was submitted to the Diet as a member-submitted bill for the purpose of protecting the general interests by cracking down on the random scribes and improving the status of the scribes.After being passed by the House of Representatives in the 8th Diet and the House of Councilors has not completed the deliberation,1951 The Administrative Procedures Legal Law was enacted at the 26th Diet session in 9, and administrative scriveners were born.

At the time of 1951 (Showa 26), the judicial scrivener system did not introduce an examination system, so the pros and cons of introducing an examination system were discussed in comparison.The judicial scrivener has a system to work within the framework with the approval of the Legal Affairs Bureau, while the administrative scrivener is a job that any ordinary person can do.However, since the scope of work is wide and there are cases where care is taken from the point of view of handling, it was explained that an administrative scrivener is premised on a person with a certain academic ability, and it is necessary to have an examination system to select an appropriate person by examination from among them. , The examination system was adopted.

In addition, the House of Councilors added this after receiving the opinion that anyone with a certain background as a civil servant of the national or local public body should be qualified as an administrative scrivener without an examination.As a result, lawyers, patent attorneys, and certified accountants who have higher qualifications than administrative scriveners, depending on the status of the examination for the appointment of civil servants of the national or local public bodies, naturally have the qualifications. Added to those who are qualified to[62][63].

After the war, the compulsory membership system for public professional associations was abolished, except for bar associations, notary associations, and patent attorneys associations.[64]..Even in the administrative scrivener system, the law of 1951 (Showa 26) did not have a compulsory membership system and it was a voluntary membership, so there were few members and activities were sluggish.for that reason1960 The law was amended to the 35th Diet in 34, and a compulsory enrollment system was introduced to improve the dignity of administrative scriveners and improve their knowledge and skills, thereby contributing to the public welfare.[65].

In the 50s, a quarter of the work was related to garage certification, but between the Federation of Certified Administrative Procedures and the Japan Federation of Certified Administrative Procedures, the Japan Automobile Sales Association, etc., a car storage location certificate (so-called garage certification) I was in trouble about the application work.In the end, as a general rule, the user fills in the garage certificate, and if the user can not fill it in directly, we agreed to have an administrative scrivener act for it.[66]..After that, the Japan Automobile Dealers Association became able to apply for new registration, garage certification, etc. with a one-stop service for car ownership procedures.[67].

Administrative scrivener examination

  • There are no restrictions on eligibility to take the exam.
  • It is held in 11 prefectures nationwide on the second Sunday of November every year.
  • Performed by the prefectural governor as determined by the Minister of Internal Affairs and Communications.The prefectural governor can be delegated to a designated testing institution designated by the Minister of Internal Affairs and Communications, and is currentlyGeneral FoundationIs conducting the test.Specifically, the Minister of Internal Affairs and Communications sets the outline of the exam, such as the exam date, exam subject, exam method, pass announcement date, pass certificate, and public notice of the exam, and the prefectural governor is responsible for determining the pass (setting of pass criteria). The designated examination institution prepares examination questions, grades answers, secures examination venues, and supervises examinations.

Exam subject

Business laws and regulations

General knowledge about business, etc.

Until 11, "short essays" were also implemented.In addition, until 17, it was an examination subject as "laws and regulations related to business".Administrative scrivener law,Family register law,Basic Resident Registration Act,labor law,Tax lawEtc. can also be asked as general knowledge.Exam questions are given in accordance with the law that comes into effect as of April 4st of each year.

  • The question format is a combination of an alternative formula that selects one from five options and a descriptive formula of about 5 characters (only for subjects such as laws and regulations).
  • The passing criteria is to score 60% or more overall, 50% in legal subjects, 40% in general knowledge, etc. (that is, 300 points out of a total of 180 points). While scoring the above points, it is necessary to have a score of 244 points or more in subjects such as laws and regulations and 122 points or more in general knowledge (out of 56 points).In other words, the examination system is similar to the certification examination in which all those who clear a certain score pass, and this is the reason why the pass rate and passers vary in each year.However, depending on the difficulty of the problem, corrective measures may be taken.In the 24 examination, the Administrative Scrivener Examination and Research Center "evaluates the difficulty of the examination questions" and takes corrective measures for the first time after the start of the new examination system (26), and the passing standard score is 18 points (out of 300 points). (Legal subjects <out of 166 points> 244 points or more, and general knowledge, etc. <out of 110 points> 56 points or more).

Pass rate

The test system is similar to the test system in which all students who clear a certain score pass the test, and the pass rate varies from year to year.

Administrative scrivener examination pass rate[2][3]
年度Applicant (person)Candidates (people)Successful applicants (people)Pass rate
XNUMX year-21,1672,67212.62%
2-22,4062,48011.07%
3-26,2283,09211.79%
4-30,4462,8619.40%
5-35,5813,4349.65%
6-39,7811,8064.54%
7-39,4383,6819.33%
843,26736,6552,2406.11%
939,74633,9572,9028.55%
1039,29133,4081,9565.85%
1140,20834,7421,4894.29%
1251,91944,4463,5588.01%
1371,36661,0656,69110.96%
1478,82667,04012,89419.23%
1596,04281,2422,3452.89%
1693,92378,6834,1965.33%
1789,27674,7621,9612.62%
1888,16370,7133,3854.79%
1981,71065,1575,6318.64%
2079,59063,9074,1336.47%
2183,81967,3486,0959.05%
2288,65170,5764,6626.60%
2383,54366,2975,3378.05%
2475,81759,9485,5089.19%
2570,89655,4365,59710.10%
2662,17248,8694,0438.27%
2756,96544,3665,81413.10%
2853,45641,0534,0849.95%
2952,21440,4496,36015.72%
3050,92639,1054,96812.70%
Year of the reunification52,38639,8214,57111.50%
Reiwa 2nd year54,84741,6814,47010.70%

footnote

[How to use footnotes]

注 釈

  1. ^ Ministry,Prefectures,市町村,Police station,Fire department,Forestry office,Health centerOtherAdministrative agencySuch.Public offices restricted by other laws are excluded.
  2. ^ Contracts, minutes, accounting books, drawings, etc.
  3. ^ Article 1 of the Administrative Scrivener Law "This law establishes a system for administrative scriveners and promotes the appropriateness of their operations, thereby contributing to the smooth implementation of administrative procedures and contributing to the convenience of the people, and thus the rights of the people. The purpose is to contribute to the realization of profits. "
  4. ^ The "period in charge of administrative affairs" is as follows, according to the "Administrative Scrivener Precedent List [Registration] Interpretation of Administrative Skills". ◎ Interpretation of administrative affairs (Notice of administrative section manager addressed to each prefectural general affairs department manager, No. XNUMX issued by the local government on September XNUMX, XNUMX) XNUMX "Administrative affairs" is affairs that simply belong to the authority of the administrative agency. Not only that, it can be broadly interpreted as including those related to office work that belongs to the authority of the legislative or judicial organs.Therefore, in this case, it should be understood that the affairs performed by the Diet staff, court office staff, etc. are included.In addition, it is understood that office work related to mere labor, pure technology, mere office work assistance, etc. is not included.(Ii) It is appropriate to determine whether or not the person is in charge of "administrative affairs" based on the following criteria. (XNUMX) Being an office work related to document planning, examination, etc. (Creating a document does not necessarily mean that it is prepared by oneself, but also includes a wide range of business execution plans, etc.) (XNUMX) The person is responsible for handling the business to some extent.(XNUMX) Based on the above, a concrete example of whether or not the person is in charge of "administrative affairs" is as follows. (XNUMX) Employees hired for simple labor prescribed in Paragraph XNUMX of the Supplementary Provisions of the Local Public Service Law do not fall under this category. (XNUMX) It should be understood that this does not apply to civil welfare officers. (XNUMX) It is understood that a firefighter who performs the second office work under the provisions of Article XNUMX of the Fire Fighting Organization Act is applicable, but a fire brigade member under the provisions of Article XNUMX-XNUMX of the same Act is not applicable. (XNUMX) It is understood that a police officer who performs the second office work pursuant to the provisions of Article XNUMX of the Police Act is applicable. (XNUMX) Not applicable to the staff of the parliament of local public bodies. (XNUMX) Election management committee members, audit committee members, boards of education, agricultural land committee members, and other members of committees based on laws and ordinances (so-called administrative committees) are considered to be applicable. (XNUMX) Doctors at hospitals run by local governments that are not involved in hygiene administration do not fall under this category. (XNUMX) Educational civil servants are generally understood to be not applicable, but those who are in a position to be involved in so-called educational administration, that is, the president, principal, vice-principal, department director, superintendent of education, etc. are understood to be applicable. ..The clerical staff of the board of education should be judged by one or two. (XNUMX) It is understood that the secretary of the assembly of the local public body is applicable. (XNUMX) Persons who were military personnel are not applicable to general soldiers, but those who are related to so-called military administration, such as those who worked at the Ministry of the Army, Regimental District Command, Regimental Headquarters, Company Office, etc. It can be understood that the person who was doing the second office work is applicable.
  5. ^ At the time of registration, a registration fee and membership fee of around 30 yen are required, and after that, a membership fee of around 6 yen is required every year.These amounts vary slightly depending on the prefecture.
  6. ^ It does not violate Article 19 of the Administrative Procedures Legal Law unless compensation is collected.However, whether or not there is remuneration is judged by whether or not the business as a whole had the purpose of obtaining remuneration, and it does not matter whether or not it was actually received.Regarding remuneration, when compensation is received as a series of work, not only the intention of the remuneration recipient, but also the contents of the contract with the client, the importance of document preparation in the series of work, etc. are comprehensively considered. It is judged individually in consideration of the above, and it does not matter whether it is nominal or large.[11].
  7. ^ In this regard, it is understood that the preparation of documents as an agent also corresponds to the preparation of documents stipulated in Article 1-2 of the Administrative Scrivener Law, and therefore is subject to the business restrictions of Article 1-2. It is argued that a person who is prohibited from creating documents as a business cannot be exempted from the restrictions by creating them as an agent (Local Government System Study Group "Detailed Administrative Procedures Legal (No. 4)". 52th revised edition) ”p55, p56-p7, Masashi Kaneko“ Administrative Scrivener Law Commentary (new 49th edition) ”p2010, Masashi Kaneko“ Monthly Japanese Administration ”June 6 issue p13, etc.).However, Article 21, Item 2 of the Certified Administrative Procedures Legal Law stipulates that "a person who violates the provisions of Article 1, paragraph 2" shall be punished by imprisonment with work for not more than 1 year or a fine of not more than 3 million yen. There is a clear punishment provision for the work prescribed in Article 19-1, and Article 1-3 is excluded.Therefore, there is a problem in prohibiting the business of Article 1-3 under Article 1, Paragraph 2 of the Administrative Procedures Legal Law from the prohibition of analogical interpretation, which is a derivative principle of the criminal statutory principle.In addition, Article 1-3 of the Certified Administrative Procedures Legal Law clearly states that "administrative scriveners are in addition to the duties stipulated in the preceding article", and that Article 1-2 duties and Article 1-3 duties are separate duties. It is stipulated.And, there are no judicial precedents or administrative notifications on the grounds that it can be interpreted that the preparation of documents as an agent also corresponds to the preparation of documents stipulated in Article 1-2 of the Administrative Procedures Legal.Therefore, it cannot be said that this interpretation is generalized.As a commentary on the administrative scrivener law Article 22-271 preparation work and Article XNUMX-XNUMX preparation work clearly separated, for example, there is a commentary on the Supreme Court case law, XNUMX Criminal Edition, pXNUMX Investigator's commentary.
  8. ^ However, the second task can only be performed by an administrative scrivener (“specified administrative scrivener”) who has completed the training course conducted by the Japan Federation of Certified Administrative Procedures Associations as stipulated in the bylaws. Article 2-1, Paragraph 3 of the Administrative Procedures Law).In addition, although there are no penal provisions under the Administrative Scrivener Law, the handling of complaints against administrative agencies belongs to the scope of the explicit prohibition of the main text of Article 2 of the Attorney Act, and only specific administrative scriveners are allowed to do business by the proviso of the same article. It is a violation of the Attorney Act if an unqualified person (including an administrative scrivener who does not have a specific administrative scrivener) does it.
  9. ^ Detailed explanation The Administrative Scrivener Law does not position direct contract agency as an administrative scrivener business, but it is said to include the meaning that an administrative scrivener can act as a contract agency.
  10. ^ Immigration Control and Refugee Recognition Act (Cabinet Order No. 26 of 319) Article 7-2, Paragraph 1, Article 19, Paragraph 2, Article 19-2, Paragraph 1, Article 19-11, Paragraph 1 and Paragraph 2, Article 19-12, Paragraph 1, Article 19-13, Paragraphs 1 and 3, Article 20, Paragraph 2, Article 21, Paragraph 2, Article 22, Paragraph 1, Article 22 2 Paragraph 2 (including cases where it is applied mutatis mutandis in Article 22-3) and application pursuant to the provisions of Article 26 Paragraph 1, notification pursuant to the provisions of Article 19-10 Paragraph 1 of the same Act, and Article 19 of the same Act. 10 Paragraph 2 (including cases where it is applied mutatis mutandis in Article 19-11 Paragraph 3, Article 19-12 Paragraph 2 and Article 19-13 Paragraph 4), Article 20 Paragraph 4 Item 1 (Including cases where it is applied mutatis mutandis in Article 21 Paragraph 4 and Article 22-2 Paragraph 3), Article 22 Paragraph 3 (including cases where it is applied mutatis mutandis in Article 22-2 Paragraph 4), Paragraph Business related to the receipt of residence cards issued pursuant to the provisions of Article 50, Paragraph 3 and Article 61-2-2, Paragraph 3, Item 3, and persons who have withdrawn from Japanese nationality based on the Peace Treaty with Japan, etc. Application under the provisions of Article 71, Paragraphs 12 and 1, Article 2, Paragraph 13 and Article 1, Paragraphs 14 and 1 of the Special Law Concerning Immigration Control (Law No. 3 of 11), Article 1 Paragraph 11 and Paragraph 2 of the same law According to the notification pursuant to the provisions of Article 12 Paragraph 3 and the provisions of Article 13 Paragraph 2 of the same Act (including cases where it is applied mutatis mutandis in Article 14 Paragraph 4, Article 21 Paragraph 79 and Article 16 Paragraph 1). Part of the special law on immigration control for persons who have left Japanese nationality based on the Immigration Control and Refugee Recognition Act and the Peace Treaty with Japan, etc. Law (28 Law No. 3) Supplementary Provisions Article 29 Paragraph 1, Article 16 Paragraph 3 and Article 27 Paragraph 5 Application and Supplementary Provisions Article 28 Paragraph 4 and Article 29 of the same Law This refers to the business related to the receipt of a residence card or special permanent resident certificate issued pursuant to the provisions of Paragraph 3, Article XNUMX, Paragraph XNUMX and Article XNUMX, Paragraph XNUMX.
  11. ^ Other taxes are oil and gas tax, real estate acquisition tax, prefectural tobacco tax (including metropolitan tobacco tax), municipal tobacco tax (including special zone tobacco tax), special land tenure tax and bath tax.
  12. ^ Social Insurance Labor and Social Security Attorney Act (Act No. XNUMX of XNUMX) To prepare documents related to the office work listed in Article XNUMX, Paragraph XNUMX, Items XNUMX and XNUMX, that is, the exclusive business of Social Insurance Labor and Social Security Attorney. However, submission agency (representing submission to an administrative agency) and administrative agency (correcting the contents of a document at your own discretion) are not permitted, and the messenger (in the case of an administrative contract, also a proxy) Yes) can only be submitted.
  13. ^ In addition, it also includes customs clearance services based on the Customs Clearance Law, real estate appraisal services based on the Act on Real Estate Appraisal, surveyors and assistant surveyors based on the Survey Law, and residential land and building traders services based on the Building Lots and Buildings Transaction Business Law. Is done.
  14. ^ There is a judicial precedent that the business stipulated in Article 3 of the Judicial Scrivenist Law is the legal affairs of the Attorney Law (Tokyo High Court decision on November 7, 11).
  15. ^ Because the petition and other documents attached to the petition and other documents that are prohibited by other laws are also integrated with the petition and other documents.
  16. ^ In the same judgment, regarding the documents to be submitted to the court, in light of Article 1-2, Paragraph 2 of the Administrative Scrivener Law, Article 73, Paragraph 1 of the Judicial Scrivener Law, Article 3, Paragraph 1, Item 4 of the Law, and Article 72 of the Attorney Law It is judged that it is not.
  17. ^ Of these, regarding the creation of a request for issuance of a will information certificate or a request for issuance of a will storage fact certificate, these certificates will be used by a third party in carrying out the duties of the administrative scrivener as stipulated by law. It is only allowed if there is an actual need to submit to[40].
  18. ^ For the purpose of acquiring knowledge and practical ability of administrative appeal procedures necessary for carrying out the business prescribed in Article 1-3, Paragraph 1, Item 2 of the Administrative Scrivener Law, Article 1-3, Paragraph 2 of the Administrative Scrivener Law Training to be conducted based on the provisions of Article 62-3 of the Regulations of the Federation of Japanese Administrative Procedures Legal Associations.
  19. ^ This is in contrast to other professionals, such as certified scriveners and ADR-certified land and house inspectors, who are generalized but do not have legal names and notations.

Source

  1. ^ a b c d e f g h i j k l m n "Administrative scrivener". Occupational information provision site (Japanese version O-NET)Ministry of Health, Labor and Welfare. October 2021th, 7Browse.
  2. ^ "B Professional / technical occupation". Ministry of Health, Labor and WelfareEmployment Security Bureau (June 2011). October 2015th, 5Browse.
  3. ^ "Japanese standard occupation classification (setting of statistical standards in December 21) Classification item name". Ministry of Internal Affairs and CommunicationsStatistics Bureau (September 2009, 12). October 2015th, 5Browse.
  4. ^ "Japan Standard Industrial Classification (revised in October 25) (enforced on April 10, 26) -Classification item name". Ministry of Internal Affairs and Communications (June 2013). October 2015th, 5Browse.
  5. ^ Administrative Scrivener Law Article 2 No. 1
  6. ^ Administrative Scrivener Law Article 2 2-5
  7. ^ Administrative Scrivener Law Article 2 No. 6
  8. ^ Administrative Scrivener Law Article 2-2
  9. ^ Article 14 of the Administrative Procedures Legal
  10. ^ 18-6
  11. ^ 昭和40年1月8日自治行第2号行政課長回答、昭和58年5月7日自治行第53号行政課長回答、昭和62年6月19日自治行第83号行政課長回答
  12. ^ Article 1-2, Article 19 of the Administrative Procedures Legal
  13. ^ Administrative Scrivener Law Article 21 No. 2
  14. ^ Article 19 of the Administrative Procedures Legal
  15. ^ 昭和39年7月7日自治省事務次官通知、昭和62年6月19日行政課長回答、平成16年6月18日内閣衆質159第158号内閣総理大臣答弁、詳解行政書士法p218、行政書士関係法令先例総覧文書番号34および209
  16. ^ December 22, 12 Supreme Court First Small Court Decision
  17. ^ November 41, 11 Addressed to the Chief of the Driver's License Division of the National Police Agency.
  18. ^ 昭和39年9月15日民事甲第3131号民事局長回答、民事月報19巻10号(1964年)P81、p82、昭和35年11月10日自治省行発第44号行政課長回答、行政書士関係法令先例総覧文書番号2および46
  19. ^ April 51, 4 Ministry of Justice Minji No. 7 Answer from the Director of the Civil Affairs Bureau of the Ministry of Justice, a must-have for land and house surveyor members p2492
  20. ^ The 46th House of Representatives Finance Committee Minutes No. 54, Japan Federation of Certified Public Tax Accountants Association "New Tax Accountant Law Outline", Ministry of Home Affairs Administration Division Takao Yajima "Local Autonomy" September 59
  21. ^ 23 Supreme Court Case Law Commentary Criminal Edition p271
  22. ^ Administrative Scrivener Law Article 1-3 No. 1
  23. ^ Administrative Scrivener Law Article 1-3 No. 1
  24. ^ Administrative Scrivener Law Article 1-3 No. 2
  25. ^ Administrative Scrivener Law Article 1-3 No. 3
  26. ^ Administrative Scrivener Law Article 1-3 No. 4
  27. ^ Immigration Control and Refugee Recognition Act Enforcement Regulations Article 6-2, Paragraph 4, Article 19, Paragraph 3, Article 59-6, Paragraph 2
  28. ^ Tax accountant lawArticle 51-2 Preparation of tax documents performed by administrative scriveners, etc.
  29. ^ Article 14-2 of the Enforcement Ordinance A tax that allows an administrative scrivener to prepare tax documents
  30. ^ Administrative Scrivener Law Amendment 55 Supplementary Provision 2
  31. ^ June 16, 6 Law No. 2 Supplementary Provisions of the Act on Marine Procedure Agent Article 71 (Transitional Measures Accompanying Partial Amendment of the Act on Marine Procedure Agent)
  32. ^ Article 1-2, Paragraph 2 of the Administrative Procedures Legal
  33. ^ March 26, 3 Notification of Deputy Director of Local Government Agency No. 1 from Local Government B to each prefectural governor
  34. ^ Social Insurance Labor and Social Security Attorney Law, March 7, 3 Answer from the Chief of Labor Insurance Collection Division, Ministry of Labor, December 30, 23 Answer from the Chief of Labor Standards Bureau, Ministry of Health, Labor and Welfare
  35. ^ Social Insurance Labor and Social Security Attorney Law
  36. ^ Article 72 of the Attorney Act, Supreme Court decision on February 26, 2
  37. ^ Article 72 of the Attorney Law, Article 73 of the Judicial Scrivenist Law.In addition, the Supreme Court's Third Small Court Judgment on February 12, 2 (Appeal Trial May 8, 9, Sendai High Court Judgment Judgment Hourly Report No. 5, p. 23), October 1706, 173, Fukuoka High Court Miyazaki Branch Judgment, January 19, 10 Supreme Court Second Small Court Decision (Appeal Trial January 2, 20 Fukuoka High Court Miyazaki Branch Judgment Monthly Registration Information No. 1, p. 16), June 20, 1 Osaka High School Court Judgment, February 30, 567 Sapporo District Court Judgment (Administrative Scientist Law Preceding List Document No. 111), March 26, 6 Sagaji Judgment (Judgment Times No. 12, p. 21. March 2, Saga Simple Court Judgment), Supreme Court Case Law Commentary Criminal Edition 9 p381 (Same as Hosso Jiho Vol. 19, No. 3, p9), September 1270, 48 Civil A No. 18 Civil Bureau Director's Notification (Registration Study No. 3, p. 6), September 12, 15, Civil A No. 55, Civil Bureau Director's reply (Civil Monthly Report, Vol. 2, No. 252), November 33, 9, Ministry of Autonomy, No. 25, Administrative Section Manager's reply , September 2020, 132, Autonomous Court No. 38, Administrative Section Manager's reply (Administrative scribe-related law precedent list document number 39), June 9, 15, Council's Legal Committee No. 3131 Civil Bureau Director's reply (19th meeting) Minutes of the Legal Committee of the House of Representatives No. 10 p35, detailed explanation of the Judicial Scrivener Law p11), the Ministry of Justice's response to the request to the Regulatory Reform Council on December 10, 44, and the request to the Regulatory Reform Council on January 37, 9 Ministry of Justice Re-answer (Proposal / Control No. 29), Registered Research No. 67, page 005 Q & A, Commentary Judicial Scrivener Law p53, Freedom and Justice November 6 "Regarding the rights and obligations of administrative scriveners or the preparation of documents related to fact proof "Problems" p15-p16 (Hide Kikuchi), detailed explanation of the Administrative Scrivener Law p84, the same book p16 (Local Autonomy System Study Group), December 18, 113 "Promotion of legal business of administrative scriveners (request)" (Nikko) See also Barrage No. 20).
  38. ^ Attorney Law Article 72, Administrative Scrivener Law Article 1-3
  39. ^ 平成19年3月9日佐賀地裁判決(判例タイムズ1270号48頁。なお一審の平成18年3月6日佐賀簡易裁判所判決において平成12年2月8日最高裁判所第三小法廷判決を援用し同旨の判断を出している。)
  40. ^ Reiwa August 2, 8nd Minji 5 Civil Affairs Bureau Director's reply
  41. ^ April 61, 4, Ministry of Home Affairs No. 7, administrative section chief's reply, April 52, 61, Minji No. 4, Civil Bureau, second section chief's reply
  42. ^ Article 12 of the Administrative Procedures Legal
  43. ^ Article 22 of the Administrative Procedures Legal
  44. ^ Administrative Scrivener Law Enforcement Regulations Article 9, Paragraph 2
  45. ^ Administrative Scrivener Law, Article 7, Paragraph 2, Item 1
  46. ^ Article 11 of the Administrative Procedures Legal
  47. ^ Administrative Scrivener Law, Article 1-3, Paragraph 2, Article 7-3
  48. ^ Administrative Scrivener Law Article 13-3
  49. ^ Article 15 of the Administrative Procedures Legal
  50. ^ Article 18 of the Administrative Procedures Legal
  51. ^ Monthly report Judicial Scrivener No. 533, p. 76, Social role and future of judicial scrivener, page 5, Assistant Manager, Civil Affairs Bureau, Ministry of Justice "About the revised Judicial Scrivener Law" (Registration Study No. 368, p. 1) Akihiko Kobayashi: Cabinet Secretariat, Deputy Director of the Judicial System Reform Promotion Office, etc.
  52. ^ "Words at major ceremonies (13)”. Imperial Household Agency. October 2020th, 9Browse.
  53. ^ "Establishment of the system”. Japan Federation of Certified Administrative Procedures. October 2019th, 4Browse.
  54. ^ “[Www.lec-jp.com/gyousei/about/pdf/frontline/frontline01.pdf 2017 Professional Frontline Report Administrative Scrivener Edition]”. LEC Tokyo Legal Mind. October 2020th, 9Browse.
  55. ^ "Minutes of Parliament". 国会 (June 1951). October 2015th, 7Browse.
  56. ^ "The 73rd Imperial Diet House of Representatives Criminal Law Amendment Four Unexpected Committees p.9". 国会 (June 1939). October 2015th, 7Browse.
  57. ^ "Minutes of the 74th Imperial Diet House of Representatives Personnel Mediation Bill Committee Meeting p.7". 国会 (June 1938). October 2015th, 7Browse.
  58. ^ "Minutes of the 75th Imperial Diet House of Representatives Court Constitution Law Amendment Non-Bill Committee Minutes p.20". 国会 (June 1938). October 2015th, 7Browse.
  59. ^ "Minutes of the 76th Imperial Diet House of Representatives Petition Committee Meeting p.1 p.119 "Petition for Renaming a Substitute Scrivener to an Administrative Scrivener" under the jurisdiction of the Ministry of Justice". 国会 (June 1939). October 2015th, 7Browse.
  60. ^ "Minutes of the 92nd Imperial Diet House of Representatives Petition Committee p.1 p.31 Petition for the enactment of the Administrative Procedures Legal under the jurisdiction of the Ministry of Home Affairs". 国会 (June 1947). October 2015th, 7Browse.
  61. ^ "Minutes of the House of Representatives of the 92nd Imperial Diet (Appendix) Special Report No. 60 p.6". 国会 (June 1947). October 2015th, 7Browse.
  62. ^ "Minutes of Parliament". 国会 (June 1951). October 2015th, 7Browse.
  63. ^ "Minutes of Parliament". 国会 (June 1951). October 2015th, 7Browse.
  64. ^ "Ritsumeikan Law, 2002 No. 1 (No. 281) p.7 (PDF)”. (March 2002). October 2015th, 8Browse.
  65. ^ "34th House of Representatives Local Administrative Committee No. 18 (PDF)". 国会 (June 2002). October 2015th, 8Browse.
  66. ^ "Minutes of the 80th House of Representatives Traffic Safety Measures Special Committee (PDF)". 国会. October 2017th, 2Browse.
  67. ^ Administrative Scrivener Law Article 19 Paragraph 1 Administrative Scrivener Law Enforcement Regulations Article 20

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