Article 1The purpose of this Act is to further improve the abilities and qualifications of assistant judges and public prosecutors (limited to those who have completed the training as legal apprentices and for whom ten years have not yet elapsed from the date of their initial appointment as public prosecutors; the same applies hereinafter except in Article 7, paragraph (5), Article 11, paragraph (4), and Article 12) as well as to further enhance their duties as attorneys, by taking necessary measures to enable them to experience their duties as attorneys by leaving their position for a certain period of time and becoming attorneys, as part of the measures to diversify their experience (meaning to gain other work experience and other diversified experience that contributes to improving their abilities and qualifications as judges or public prosecutors and enhancing their duties; the same applies in paragraphs (1) and (4) of the following Article), in light of the fact that the role of the judiciary has become more important as a result of changes in the social and economic situations at home and abroad, and that there is a demand for judges and public prosecutors with broad and deep insight who can respond to diverse and wide-ranging requests from the citizens for the judiciary.

Article 2(1)If the Supreme Court finds it to be appropriate, in consideration of the necessity for an assistant judge to experience performing their duties as an attorney for a certain period as part of the diversification of their experience, the hindrance to their duties associated with this, and other circumstances, the Supreme Court may require the assistant judge to perform their duties as an attorney for a specified period based on an agreement between the attorney corporation or the attorney / registered foreign lawyer joint corporation or the attorney who intends to enter into the employment contract provided for in paragraph (7) with the consent of the assistant judge (including the consent pertaining to the matters provided for in paragraph (3)).

(2)Prior to obtaining the consent referred to in the preceding paragraph, the Supreme Court must clearly indicate to the assistant judge the content of the agreement referred to in that paragraph.

(3)In the case referred to in paragraph (1), the Supreme Court is to appoint the assistant judge as a Court Secretary, and the assistant judge loses their office at the time of the appointment.

(4)If the Minister of Justice finds it appropriate in consideration of the necessity for a public prosecutor to have experience in performing professional duties as an attorney at law for a certain period as part of the diversification of experience, the hindrance to the duties involved, and other circumstances, the Minister may have the public prosecutor perform professional duties as an attorney at law for a specified period based on an agreement between the Legal Professional Corporation or Attorney / Registered Foreign Lawyer Joint Corporation or the attorney at law with which the Public Prosecutor intends to enter into the employment contract provided for in paragraph (7), with the consent of the public prosecutor (including the consent pertaining to the matters provided for in paragraph (6)).

(5)Prior to obtaining the consent referred to in the preceding paragraph, the Minister of Justice must clearly indicate to the public prosecutor the content of the agreement referred to in that paragraph.

(6)In the case referred to in paragraph (4), the Minister of Justice is to appoint the public prosecutor to a government position within the Ministry of Justice (excluding the Public Prosecutor's Office; the same applies hereinafter), and the public prosecutor is to lose that position at the time of the appointment.

(7)In the arrangement referred to in paragraph (1) or paragraph (4), the conclusion of an employment contract (including provisions on matters pertaining to the approval provided for in the proviso to Article 4, paragraph (2)) between a person who has been appointed to a government position belonging to the Court Secretary or the Ministry of Justice pursuant to the provisions of paragraph (3) or the preceding paragraph and becomes an attorney at law to perform their duties pursuant to the provisions of paragraph (1) or paragraph (4) (hereinafter referred to as an "official engaged in attorney duties") and a legal professional corporation, an attorney / registered foreign lawyer joint corporation, or an attorney at law that employs the official engaged in attorney duties (hereinafter referred to as the "accepting legal professional corporation, etc."), the working terms and conditions of the accepting legal professional corporation, etc., the period during which the official will perform their duties as an attorney at law pursuant to the provisions of paragraph (1) or paragraph (4) (hereinafter referred to as the "period of practicing attorney duties"), matters pertaining to the completion of the experience of practicing attorney at law pursuant to these provisions (hereinafter referred to as the "experience of practicing attorney at law"), and other matters specified by the Rules of the Supreme Court in the case of an assistant judge and by Order of the Ministry of Justice Order in the case of a prosecutor, which should be agreed upon when the official is to perform their duties as an attorney at law or.

(8)When the Supreme Court or the Minister of Justice intends to change the contents of the arrangement referred to in paragraph (1) or paragraph (4), they must obtain the consent of the relevant assistant judge or public prosecutor, or the relevant official engaged in attorney services. In this case, the provisions of paragraph (2) or paragraph (5) apply mutatis mutandis.

Article 3The period of practicing attorney duties may not exceed two years; provided, however, that if the Supreme Court or the Minister of Justice finds it to be particularly necessary, the period may be extended for a period not exceeding three consecutive years from the date on which the legal professional experience commenced, with the consent of the legal professional employee and the accepting legal professional corporation, etc.

Article 4(1)In accordance with the details specified in the agreement referred to in Article 2, paragraph (1) or paragraph (4), an Official Engaged in Attorney Services is to conclude an employment contract (including the provisions on the matters concerning the approval provided for in the proviso to the following paragraph) with the Accepting Legal Professional Corporation, etc., obtain attorney registration (meaning the registration provided for in Article 8 of the Attorney Act (Act No. 205 of 1949); the same applies in Article 7, paragraphs (4) and (5)) pursuant to the provisions of the same Act, and engage in attorney services based on the employment contract during the period in which the Official Engaged in Attorney Services is engaged in attorney services.

(2)If an Official Engaged in Attorney Services is requested by a party or other relevant person to handle the part of the duties of an Attorney that the official engages in pursuant to the provisions of the preceding paragraph, if the Incoming Legal Professional Corporation, etc. is a Legal Professional Corporation or an Attorney / Registered Foreign Lawyer Joint Corporation, the Official Engaged in Attorney Services is to handle the part of the duties that the Legal Professional Corporation or Attorney / Registered Foreign Lawyer Joint Corporation is entrusted to handle by the party or other relevant person, and if the Incoming Legal Professional Corporation, etc. is an Attorney, the Official Engaged in Attorney Services is to handle the part of the duties that the Incoming Legal Professional Corporation, etc. is requested to handle by the party or other relevant person, jointly with the Attorney; provided, however, that if an Incoming Legal Professional Corporation, etc. has individually approved the part of the duties that the Official Engaged in Attorney Services engages in, the Official Engaged.

Article 5(1)Although an official engaged in attorney services retains their status as a Court Secretary or a Ministry of Justice official (meaning a person who holds a government position belonging to the Ministry of Justice; the same applies hereinafter) during the period in which they are engaged in attorney services, they do not engage in their duties.

(2)No salary is paid to an Official Engaged in Attorney Services during the period in which they are engaged in attorney services.

(3)The provisions of the Act on Remuneration of Officials in the Regular Service (Act No. 95 of 1950; including as applied mutatis mutandis pursuant to the Act on Temporary Measures concerning Court Officials (Act No. 299 of 1951); the same applies in Article 10) do not apply to an official engaged in attorney services during the period during which the official engages in attorney services.

Article 6(1)In performing attorney services pursuant to the provisions of Article 4, an official engaged in attorney services must not utilize their position as a Court Secretary or an official of the Ministry of Justice, or the influence of having been an assistant judge or a public prosecutor prior to their experience of attorney services.

(2)The provisions of the Article 104 of the National Public Officers Act (Act No. 120 of 1947) (including as applied mutatis mutandis pursuant to the Act on Temporary Measures concerning Court Officials) do not apply to the practice of attorney services under the provisions of Article 4 by officials engaged in attorney services.

(3)On finding it to be necessary to do so, the Supreme Court or the Minister of Justice may request that an Official Engaged in Attorney Services make a report on the status of the working terms and conditions at the Accepting Legal Professional Corporation, etc. and the attorney's engagement in the practice of law under the provisions of Article 4 (excluding particulars that constitute confidential information learned in the course of duty as provided for in Article 23 of the Attorney Act).

(4)With regard to the application of the provisions of the National Public Service Ethics Act (Act No. 129 of 1999; including as applied mutatis mutandis pursuant to the Act on Temporary Measures concerning Court Officials; hereinafter the same applies in this paragraph) concerning officials engaged in legal services, the relevant officials engaged in legal services (limited to those who, on the day preceding the day on which they were appointed to a government position belonging to the Court Secretary or the Ministry of Justice pursuant to the provisions of Article 2, paragraph (3) or paragraph (6), received a salary of not less than the monthly salary set forth in item (viii) of the row for assistant judge in the Appended Form of the Act on the Compensation of Judges (Act No. 75 of 1948) or a salary of not less than the monthly salary set forth in item (xvi) of the row for public prosecutor in the Appended Form of the Act on the Salaries of Public Prosecutors (Act No. 76 of 1948)) are deemed to be officials at the assistant director level or higher rank at National Public Service Ethics Act.

(5)With regard to the application of the provisions of Article 82 of the National Public Officers Act (including as applied mutatis mutandis pursuant to the Act on Temporary Measures concerning Court Officials; hereinafter the same applies in this paragraph) to officials engaged in attorney services, the term "or National Public Service Ethics Act" in paragraph (1), item (i) of the same Article is deemed to be replaced with ", National Public Service Ethics Act (including as applied mutatis mutandis pursuant to the provisions of Article 6, paragraph (4) of the Act on Assistant Judges' and Prosecutors' Experience in Attorney Services (Act No. 121 of 2004)) or the Act on Assistant Judges' and Prosecutors' Experience in Attorney Services".

Article 7(1)When the period of practicing attorney duties expires, the experience in practicing attorney duties is to end.

(2)If an Employee Engaged in Legal Services who is a Court Secretary has lost the status under the employment contract set forth in Article 4, paragraph (1) with the Incoming Legal Professional Corporation, etc., or in other cases specified by the Rules of the Supreme Court, and the Supreme Court finds that it is impossible or inappropriate for the Employee Engaged in Legal Services who is a Lawyer to continue with the experience in legal services, the Supreme Court must promptly terminate the experience in legal services.

(3)If an official engaged in legal professional duties who is a MOJ official loses the status under the employment contract set forth in Article 4, paragraph (1) with the relevant accepting legal professional corporation, etc., or in other cases specified by Order of Ministry of Justice Order, and the Minister of Justice finds that it is impossible or inappropriate for the official to continue with the experience in legal professional duties, the Minister must promptly terminate the experience in legal professional duties.

(4)If the experience in attorney duties of an official engaged in attorney duties who is a Court Secretary ends pursuant to the provisions of paragraph (1) or paragraph (2), the official engaged in attorney duties is to have their attorney registration rescinded pursuant to the provisions of the Attorney Act, and the Supreme Court must take the necessary procedures to appoint the official engaged in attorney duties as an assistant judge or judge; provided, however, that this does not apply when there are grounds to find the appointment to be inappropriate.

(5)When the experience in attorney duties of an official engaged in attorney duties who is an official of the Ministry of Justice ends pursuant to the provisions of paragraph (1) or paragraph (3), that official is to have their attorney registration rescinded pursuant to the provisions of the Attorney Act, and the Minister of Justice must take necessary measures for appointing that official as a prosecutor. In this case, the provisions of the proviso to the preceding paragraph apply mutatis mutandis.

Article 8(1)The provisions of Article 39, paragraph (2) of the National Public Officers mutual aid association Act (Act No. 128 of 1958) and the provisions concerning short-term benefits in the same Act (excluding the provisions of Article 68-3 of the same Act; hereinafter the same applies in this paragraph) do not apply to an employee engaged in attorney services. In this case, if an employee (meaning an employee provided for in Article 2, paragraph (1), item (i) of the same Act; hereinafter the same applies in this paragraph) to whom the provisions concerning short-term benefits in the same Act apply becomes an employee engaged in attorney services, with regard to the application of the provisions concerning short-term benefits in the same Act, the employee is deemed to have retired (meaning retirement provided for in Article 2, paragraph (1), item (iv) of the same Act) on the day preceding the day on which the employee became an employee engaged in attorney services, and if an employee engaged in attorney services becomes an employee to whom the provisions concerning short-term benefits in the same Act apply, with regard to the application of the provisions concerning short-term benefits in the same Act, the employee.

(2)With regard to the application of the provisions of the National Public Officers' mutual aid association Act concerning retirement pension benefit to officials engaged in attorney duties, the services of an attorney provided for in Article 4, paragraph (1) are deemed to be public duties.

(3)An Official Engaged in Attorney Services may not utilize the welfare services set forth in the items of Article 98, paragraph (1) of the National Public Officers mutual aid association Act.

(4)With regard to the application of the provisions of the National Public Officers mutual aid association Act to employees engaged in attorney services, the phrase "remuneration specified by Cabinet Order as being equivalent remuneration" in Article 2, paragraph (1), items (v) and (vi) of the same Act is deemed to be replaced with "remuneration specified by the Management Rules of the Society as set forth in paragraph (1) of the following Article as being equivalent remuneration"; the phrase "the following items" in Article 99, paragraph (2) of the same Act is deemed to be replaced with "item (iii)"; the phrase "the relevant items" in the same items is deemed to be replaced with "the same item"; the phrase "and expenses borne by the national government" in the same paragraph is deemed to be replaced with "and expenses borne by the accepting legal professional corporation, etc. set forth in Article 2, paragraph (7) of the Act on the Experience of Attorneys Duty of Assistant Judges and Prosecutors (Act No. 121 of 2004) (hereinafter referred to as the" accepting legal professional corporation, etc. ")"; the phrase "expenses borne by the national government" in item (iii) of the same paragraph is deemed to be replaced with "expenses borne by the accepting legal professional corporation, etc."; the phrase "the heads of Ministries and Agencies (including the Minister of the Environment), agencies engaged in administrative execution, or employee organizations" and the phrase "the national government, agencies engaged in administrative execution, or employee organizations" in Article 102, paragraph (1) of the same Act are deemed to be replaced with "the accepting legal professional corporation, etc. and the national government"; the phrase "Article 99, paragraph (2) (including as applied pursuant to the provisions of paragraphs (6) through (8) of the same Article following the deemed replacement of terms) and paragraph (5) of the same Article (including as applied pursuant to the provisions of paragraphs (7) and (8) of the same Article following the deemed replacement of terms)" in paragraph (4) of the same Article is deemed to be replaced with "Article 99, paragraph (2), item (iii)"; the phrase "and paragraph (5) of the same Article (including as applied pursuant to the provisions of paragraphs (7) and (8) of the same Article following the deemed replacement of terms.

Article 9With regard to the application of the provisions of the Child and Child Care Support Act (Act No. 65 of 2012) to an employee engaged in legal services, the accepting legal professional corporation, etc. is deemed to be an organization prescribed in Article 69, paragraph (1), item (iv) of the same Act.

Article 10(1)With regard to the application of the provisions of Article 23, paragraph (1) of the Act on Remuneration of Officials in the Regular Service and paragraph (6) of the Supplementary Provisions to persons who used to be officials engaged in attorney services, the services of an attorney provided for in Article 4, paragraph (1) (including commuting provided for in Article 7, paragraph (2) of the industrial accident compensation insurance and Harbor Act (Act No. 50 of 1947) related to the services of the attorney (limited to commuting provided for in Article 1-2, paragraph (1), items (i) and (ii) of the National Public Officers' Accident Compensation Act (Act No. 191 of 1951) when the place of work related to the services of the attorney is deemed to be a place of work provided for in the same Article; the same applies in paragraph (1) of the following Article)) are deemed to be public duties.

(2)With regard to the application of the provisions of Article 11-7, paragraph (3), Article 11-8, paragraph (3), Article 12, paragraph (4), Article 12-2, paragraph (3), and Article 14, paragraph (2) of the Act on Remuneration of Officials in the Regular Service to a person who was an official engaged in legal services, the official engaged in legal services is deemed to be an employee, etc. of an agency engaged in administrative execution provided for in Article 11-7, paragraph (3) of the same Act.

Article 11(1)With regard to the application of the provisions of the Act on National Public Officers' Retirement Allowance (Act No. 182 of 1953) in the case where an employee engaged in attorney services or a person who was an employee engaged in attorney services has retired, injury or illness or death in the course of duty pertaining to the services of an attorney prescribed in Article 4, paragraph (1) is deemed to be injury or illness or death in the course of public duty prescribed in Article 4, paragraph (2), Article 5, paragraph (1), and Article 6-4, paragraph (1) of the same Act, and injury or illness due to commuting prescribed in Article 7, paragraph (2) of the industrial accident compensation insurance and Harbor Act pertaining to the services of the attorney is deemed to be injury or illness due to commuting prescribed in Article 4, paragraph (2), Article 5, paragraph (2), and Article 6-4, paragraph (1) of the.

(2)With regard to the application of the provisions of Article 6-4, paragraph (1) and Article 7, paragraph (4) of the National Public Officers' Retirement Allowance Act to employees or former employees engaged in attorney services, the period during which they engage in attorney services is deemed not to fall under the period during which they are not required to actually perform their duties as provided for in Article 6-4, paragraph (1) of the same Act.

(3)The provisions of the preceding paragraph do not apply if an employee engaged in legal services or a person who was an employee engaged in legal services receives payment of severance pay, etc. as prescribed in Article 30, paragraph (1) of the Income Tax Act (Act No. 33 of 1965) (including what is deemed to be severance pay, etc. pursuant to the provisions of Article 31 of the same Act) from the accepting legal professional corporation, etc.

(4)With regard to the monthly amount of salary or dependency allowance, or area allowance or wide-area transfer allowance therefor (hereinafter referred to as "salary, etc." in this paragraph), which is the basis for calculating the retirement allowance pursuant to the provisions of the National Public Officers Retirement Allowance Act, to be paid to an official engaged in attorney services when the official retired during the period of attorney services, the monthly salary, etc. of the official engaged in attorney services is the monthly salary, etc. that the official engaged in attorney services received on the day preceding the day on which the official was appointed to a government position belonging to the Court Secretary or the Ministry of Justice pursuant to the provisions of Article 2, paragraph (3) or paragraph (6); provided, however, that if it is found to be necessary, necessary measures may be taken in consideration of the balance with other assistant judges or judges, or public prosecutors.

(5)With regard to the application of the provisions of Article 6-4 of the Act on National Public Officers' Retirement Allowance in cases where an official engaged in attorney duties or a person who was formerly an official engaged in attorney duties has retired, the relevant person is deemed to have been engaged in the duties which they were engaged in on the day before the day on which they were appointed to a government position belonging to the Court Secretary or the Ministry of Justice pursuant to the provisions of Article 2, paragraph (3) or paragraph (6) during the period in which they engaged in attorney duties.

Article 12Appropriate consideration must be given to the treatment of an official engaged in legal services who is a Court Secretary and appointed as an assistant judge or judge after the completion of their experience of legal services, and to the treatment of an official engaged in legal services who is an official of the Ministry of Justice and appointed as a prosecutor after the completion of their experience of legal services, to the extent considered necessary in terms of balance with other assistant judges, judges, or prosecutors.

Article 13In implementing this Act, the Supreme Court and the Minister of Justice must endeavor to ensure the proper implementation of this Act while giving consideration to the nature of the respective duties of judges, public prosecutors, and attorneys.

Article 14(1)Beyond what is provided for in this Act, matters necessary for the enforcement of this Act pertaining to assistant judges are prescribed by the Rules of the Supreme Court.

(2)Beyond what is provided for in this Act, matters necessary for the implementation of this Act pertaining to public prosecutors are specified by Ministry of Justice Order.

(3)The Minister of Justice must, when intending to enact, amend or abolish the Ministry of Justice Order set forth in Article 2, paragraph (7) or Article 7, paragraph (3), hear the opinions of the National Personnel Authority. The same applies when intending to enact, amend or abolish the Ministry of Justice Order set forth in the preceding paragraph that provide for matters under the jurisdiction of the National Personnel Authority.