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Wikipedia related words
If there is no explanation, there is no corresponding item on Wikipedia.
Constitutionas well as the lawInDisqualification(Tuberculosis) is requiredQualifications/LicensesIt means lacking.Things that will be disqualified,Reason for disqualificationIt's called (Kekakuji Yu).
Relative disqualification reasons and absolute disqualification reasons
The reason for immediate disqualification due to a disqualification reason is called an absolute disqualification reason, and the reason for being qualified in some cases even if it is a disqualification reason is called a relative disqualification reason.
Reasons for disqualification and discrimination
handicappedRepresents the body orMental illnessRegarding the reasons for disqualificationDiscriminationSupporting the target persons with disabilities, groups of persons with disabilities, and those people, as it promotes and immobilizesLawyerEtc. are calling for reexamination and abolition.
In response to these movementsJapanese GovernmentThen, "Review of disqualification clauses for persons with disabilities (decision by the Policy Promotion Headquarters for Persons with Disabilities (August 11, 8))" was decided, and among those disqualification clauses for persons with disabilities, 9 systems were reviewed. It was advanced.
As a measure based on the provisions of Article 4 and Article 11-2, on June 6, 14, "Regarding the development of related laws to optimize measures related to the restriction of the rights of adult guardians, etc." The law has been promulgated, and the human rights of adult guardians, etc. are respected, and provisions for uniformly excluding adult guardians, etc. from qualifications, occupations, duties, etc. so as not to be unfairly discriminated against because they are adult guardians, etc. For each system that has a (disqualification clause), the provisions for individually and practically examining the situation such as physical and mental disorders and determining whether or not each system has the necessary abilities (Individual examination rules), And the necessary procedure rules will be prepared.
Example of disqualification clause
Regarding matters (disqualification clause) of persons who cannot get a general job as a national civil servantNational Civil Service LawAccording to Article 38, if you cannot be a national civil servant except as provided in the rules of the Personnel Office, and you fall under that provision during your tenure, of course.UnemploymentTo do.
- imprisonmentPersons who have been sentenced to the above sentence and have completed their execution or are no longer subject to execution
- Disciplinary dismissalThose who have been punished and have not passed two years from the date of the punishment
- National Personnel Authority OfHuman Resources OfficerOrSecretary-GeneralPerson who was sentenced to violate the National Civil Service Law
- The Constitution of JapanEnacted under or under the Constitution of Japan after the date of enforcement政府TheviolenceInsist on destroying withPolitical partyOther groupsThose who formed or joined this
Special occupationaboutSelf-defense personnel(Self Defense Force ActArticle 38),Ministry of Defense staff(Ministry of DefenseArticle 39),Diet staff(Diet staff lawArticle 2),Court staffThe (Court Official Temporary Measures Law) also stipulates disqualification clauses that are almost the same as those for general public servants.
judgeとProsecutoraboutCourt lawArticle 46 andPublic Prosecutors Office LawIn addition to the disqualification clause for general public servants in Article 20, those who have been sentenced to imprisonment or higherImpeachment courtIt is stipulated that those who have been impeached in Japan will be disqualified.Foreign affairs civil servantaboutForeign Affairs Civil Service LawIn addition to the disqualification clause for general public servants in Article 7,Japanese nationalityIt is stipulated that a person who does not have a scholarship or a person who has a foreign nationality will be disqualified.
Adult wardOrPerson under ConservationWith regard to the provision that disqualifies, even if it is difficult to perform duties due to physical or mental disability after judging eligibility by examination or interview at the time of hiring.Sick leave,LimitSince such provisions have already been established, it will be deleted by the "Act on the Development of Related Laws for Appropriate Measures for Restricting the Rights of Adult Guardians, etc."
Local civil servant
For local government employeesLocal Civil Service ActIf it is stipulated in Article 16 (disqualification matter) and one of these matters is applicable,OrdinanceLost the job unless there is a special provision in (Local Public Service Law, Article 28, Paragraph 4).
- A person who has been sentenced to imprisonment or higher and has completed its execution or is no longer subject to its execution.
- Persons who have been dismissed from disciplinary action by the local public body and have not passed two years from the date of the disposition
- Human Resources CommitteeOrFairness committeePerson who was in the position of a member of the committee and was sentenced to violate the Local Civil Service Law
- Political parties and other organizations that insist on violent destruction of the Constitution of Japan or the government established under it after the date of enforcement of the Constitution of JapanThose who formed or joined this
The provision that disqualifies an adult ward or a guardian has been deleted as in the case of national civil servants.
Ltd. OfDirectorin the case of,Company law(Act No. 17 of July 7, 26) It is stipulated in Article 86 (Qualifications of Directors, etc.), and if one of these reasons applies, even if that person is appointed as a Director.InvalidIf a director who has already been appointed is applicable, he / she will naturally lose his / her position.Articles of IncorporationIn addition to these, it is possible to add reasons for disqualification, if specified inPublic companyIn, the qualification of a directorShareholderIt is not possible to make a provision to limit to (Article 331, Paragraph 2 of the Companies Act).
- Adult guardian or guardian or person treated in the same way under foreign law
- This law orLaw on general incorporated foundations and general incorporated foundations Violation of the provisions of (Act No. 18 of 48) orFinancial Instruments and Exchange Act第197条 、第197条の2第1号から第10号まで若しくは第13号、第198条第8号、第199条、第200条第1号から第12号まで、第21号若しくは第22号、第203条第3項若しくは第205条第1号から第6号まで、第15号若しくは第16号の罪、Civil Rehabilitation Law （平成11年法律第225号）第255条 、第256条、第258条から第260条まで若しくは第262条の罪、 （平成12年法律第129号）第65条 、第66条、第68条若しくは第69条の罪、Corporate rehabilitation law (Act No. 14 of 154) Article 266, Article 267, Articles 269 to 271 or Article 273Bankruptcy law (Act No. 16 of 65) To commit the crime of Article 265, Article 266, Articles 268 to 272 or Article 274, be sentenced, end the execution, or receive the execution. Those who have not passed two years since the day when
- Persons who violate the provisions of laws and regulations other than the provisions of the law prescribed in the preceding item, are sentenced to imprisonment or more, and are sentenced to the end of their execution or until they are no longer subject to the execution (those who are on probation). except.)
oldCommercial lawIn the case, "a person who has not reinstated the right after the decision to start bankruptcy proceedings" was disqualified, but it was not taken over by the Companies Act because it hindered the recovery, especially for the owners of small and medium-sized enterprises. ..But the relationship between the corporation and the directorsDelegation(Article 330 of the Companies Act), if an incumbent director receives a decision to start bankruptcy proceedings during his term of office, it falls under the grounds for termination of the mandate contract (Article XNUMX of the Companies Act).Civil lawArticle 653), I will retire.
Incidentally,Statutory Auditor(Article 335 of the Companies Act),Company with CommitteeInExecutive officer(Article 402 of the Companies Act), in a liquidating companyLiquidatorArticle 478, Paragraph 331 applies mutatis mutandis to (Article 1 of the Companies Act), which is a disqualification item with the same content.
The provision that disqualifies an adult ward or a guardian shall also be deleted by the "Act on the Development of Related Laws for Appropriate Measures for Restricting the Rights of Adult Guardians, etc." However, it was decided to consider future measures in Article 7 of the Supplementary Provisions.
National qualification disqualification clause
|Persons who cannot perform their duties properly due to physical or mental disorders||○||○||○||○||○||○||○||○||○||○||○||○||○||○||○||○||○||○||○||○||○||○|
|Those who do not get reinstatement after the decision to start bankruptcy proceedings||○||○||○||○||○||○||○||○||○|
|Penalty over imprisonment||Those who have not expired||○||○||○||○||○||○||○||○||○||○||○||○||○||○||○||○|
|Those who have not passed two years since the expiration of their sentence||○||○||○||○||○||○||○||○||○||○||○||○||○||||○||○|
|Those who have not passed two years since the expiration of their sentence||○||○||○||○||○||○||○||○||○|
|Those who have not passed two years since the expiration of their sentence||○||||○||○|
|Those who have been punished||||||||○||○||||○|||
The provision that disqualifies an adult ward or a guardian has been deleted by the "Act on the Development of Related Laws for Appropriate Measures for Restricting the Rights of Adult Guardians, etc." Individual examination rules will be established.
- ^ Even before thisHyogoAkashi CityThen, the ordinance that stipulates exceptions to Article 16 (1) and Article 28 (4) of the Local Public Service Law, which is a disqualification reason for an adult ward or a conservator to be unable to serve as a local public employee (equal to Akashi City employees). Ordinance to secure appointment opportunities and promote independence and social participation of persons with disabilities)Akashi City. “We promoted consideration for people with disabilities and enacted a symbiotic town development ordinance where everyone can live with peace of mind.”(Japanese). Akashi City. 2019/5/8Browse.Was enacted (enforced in April 28)
- ^ According to Article 1 of the National Personnel Authority Rule XNUMX-XNUMX (special measures for the application of the National Civil Service Law, etc. due to the return of Okinawa), a sentence of imprisonment or more is punished according to the provisions of Okinawan laws and regulations, and the sentence is executed until the execution is completed or the execution Those who do not receive it are also eligible.
- ^ a b According to the government response of the House of Councilors Cabinet Committee on July 1967, 7, "an organization recognized by the Public Security Examination Commission as having carried out violent sabotage activities based on the provisions of the Subversive Activities Prevention Act" I have in mind
- ^ Minister of Defense, State Minister of Defense, Parliamentary Vice-Minister for Defense,Assistant to the Minister of Defense, Ministry of Defense Secretary, Ministry of Defense Independent Administrative Institution Evaluation Committee Member, Defense Personnel Council Member, Self-Defense Forces Member Ethics Review Committee Member, Defense Procurement Council Member, Defense Facility Central Council Member, Defense Facility Local Council Member, Captive Excludes members of the qualification examination committee.
- ^ According to Article 10, Paragraph 7, Item 2 of the Cabinet Order concerning special measures for the application of laws and regulations related to the Ministry of Home Affairs other than local taxes due to the return of Okinawa, the sentence is sentenced to imprisonment or more according to the provisions of Okinawa's laws and regulations, and the execution ends. Also applicable to those who are not subject to execution.Provided, however, that this shall not apply to the application of the unemployment provisions for persons who have been sentenced to imprisonment or more by the provisions of Okinawan laws and regulations at the time of enforcement of the law and until the execution is completed or until the execution is no longer received.
- ^ "No license will be given to anyone under the age of 18."
- ^ "Same as an adult regarding business related to the residential land and building transaction businessActing abilityIt is said to be a minor who does not have.Therefore,婚姻Those who have the same ability to act as adults due to adult fiction (Article 753 of the Civil Code), etc. are excluded.
- ^ According to the provisions of postal laws, "a person sentenced to imprisonment."
- ^ "A person who has been sentenced to imprisonment or more under the provisions of national and local taxes or the tax accountant law."
- ^ a b c d "We may not give a license to a person who has been sentenced to a fine or higher."
- ^ "A person who has been sentenced to imprisonment or higher may not be licensed."