Article 1The purpose of this Act is to further improve the abilities and qualifications of assistant judges and 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 prosecutors; the same applies below except in Article 7, paragraph (5), Article 11, paragraph (4), and Article 12) as well as to further enhance their duties as attorneys through the experience of assistant judges and prosecutors working 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 prosecutors and enhancing their duties; the same applies in paragraphs (1) and (4) of the following Article), since 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 judges and prosecutors are expected to possess broad and heightened insight, and to be able to respond to diverse and wide-ranging demands of the people to 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 practicing law as an attorney for a certain period of time as part of gaining multifaceted experience, weighed against possible administrative difficulties that may result and other circumstances, the Supreme Court may designate the assistant judge to practice law as an attorney for a specified period of time based on an arrangement with a legal professional corporation or an attorney-registered foreign lawyer joint corporation or an attorney, that intends to enter into an employment contract provided for in paragraph (7), with the consent of the assistant judge (including the consent related to the matters provided for in paragraph (3)).

(2)Before obtaining the consent referred to in the preceding paragraph, the Supreme Court must clearly indicate to the assistant judge the terms of the arrangement 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 administrative officials, and the assistant judge is to lose the position at the time of the appointment.

(4)If the Minister of Justice finds it appropriate in consideration of the necessity for a prosecutor to experience practicing law as an attorney for a certain period of time as part of gaining multifaceted experience, weighed against possible administrative difficulties that may result and other circumstances, the Minister may designate the prosecutor to practice law as an attorney for a specified period of time based on an arrangement with a legal professional corporation or an attorney-registered foreign lawyer joint corporation or an attorney that intends to enter into an employment contract provided for in paragraph (7), with the consent of the prosecutor (including the consent related to the matters provided for in paragraph (6)).

(5)Before obtaining the consent referred to in the preceding paragraph, the Minister of Justice must clearly indicate to the prosecutor the terms of the arrangement referred to in that paragraph.

(6)In the case referred to in paragraph (4), the Minister of Justice is to appoint the prosecutor to a government position within the Ministry of Justice (excluding the Public Prosecutor's Office; the same applies below), and the prosecutor is to lose the 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 related to the approval provided for in the proviso to Article 4, paragraph (2)) between a person who is appointed to a court administrative official position or a government position belonging to the Ministry of Justice pursuant to the provisions of paragraph (3) or the preceding paragraph and becomes an attorney to practice law pursuant to the provisions of paragraph (1) or paragraph (4) (referred to below as an "employee engaged in practice as an attorney") and a legal professional corporation, an attorney-registered foreign lawyer joint corporation, or an attorney at law, that employs the employee engaged in practice as an attorney (referred to below as the "hosting legal professional corporation, etc."), the working terms and conditions of the hosting legal professional corporation, etc., the period during which the employee will practice law as an attorney pursuant to the provisions of paragraph (1) or paragraph (4) (referred to below as the "period of practice as an attorney"), matters related to the completion of the experience of practicing law pursuant to these provisions (referred to below as the "experience of practice as an attorney "), 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 or be had them be agreed upon when the employee is to practice law as an attorney.

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

Article 3The period of the law practice as an attorney 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 experience of practice as an attorney commenced, with the consent of the employee engaged in practice as an attorney and the hosting legal professional corporation, etc.

Article 4(1)In accordance with the terms specified in the arrangement referred to in Article 2, paragraph (1) or paragraph (4), an employee engaged in practice as an attorney 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 hosting legal professional corporation, etc., obtain attorney registration (meaning the registration provided for in Article 8 of the Attorneys Act (Act No. 205 of 1949); the same applies in Article 7, paragraphs (4) and (5)) pursuant to the provisions of that Act, and engage in law practice based on the employment contract during the period of practice as an attorney.

(2)If an employee engaged in practice as an attorney is requested by a party or other relevant person to handle the part of the duties of an attorney that the employee engages in pursuant to the provisions of the preceding paragraph, if the hosting legal professional corporation, etc. is a legal professional corporation or an attorney- registered foreign lawyer joint corporation, the employee engaged in practice as an attorney 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 hosting legal professional corporation, etc. is an attorney, the employee engaged in practice as an attorney is to handle the part of the duties that the hosting legal professional corporation, etc. is requested to handle by the party or other relevant person, jointly with the attorney; provided, however, that the employee engaged in practice as an attorney may, regarding the duties individually approved by the hosting legal professional corporation, etc., handle solely pursuant to the request by the party or other relevant person based on the employment contract under that paragraph.

Article 5(1)Although an employee engaged in practice as an attorney retains their status as a court administrative official or a Ministry of Justice employee (meaning a person who holds a government position belonging to the Ministry of Justice; the same applies below) during the period of practice as an attorney, they do not engage in their government duties.

(2)No salary is paid to an employee engaged in practice as an attorney during the period of practice as an attorney.

(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 employee engaged in practice as an attorney during the period of practice as an attorney.

Article 6(1)In practicing law as an attorney pursuant to the provisions of Article 4, an employee engaged in practice as an attorney must not utilize their position as a court administrative official or an employee of the Ministry of Justice, or the influence of having been an assistant judge or a prosecutor before their experience of practice as an attorney.

(2)The provisions of the Article 104 of the National Public Service 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 law as an attorney under the provisions of Article 4 by an employee engaged in practice as an attorney.

(3)On finding it to be necessary, the Supreme Court or the Minister of Justice may request that an employee engaged in practice as an attorney make a report on the status of the working terms and conditions at the hosting legal professional corporation, etc., and the attorney's engagement in the practice of law under the provisions of Article 4 (excluding matters that constitute confidential information learned in the course of duty as provided for in Article 23 of the Attorneys Act).

(4)Concerning 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; the same applies below in this paragraph) concerning an employee engaged in practice as an attorney, the relevant employee engaged in practice as an attorney (limited to those who, on the day preceding the day on which they were appointed to a government position belonging to the court administrative official 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 stated 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 stated in item (xvi) of the row for prosecutor in the Appended Form of the Act on the Salaries of Public Prosecutors (Act No. 76 of 1948)) is deemed to be an official at the rank of assistant director or higher rank at the headquarters as provided for in Article 2, paragraph (2) of the National Public Service Ethics Act.

(5)Concerning the application of the provisions of Article 82 of the National Public Service Act (including as applied mutatis mutandis pursuant to the Act on Temporary Measures concerning Court Officials; the same applies below in this paragraph) to an employee engaged in practice as an attorney, the term "or the National Public Service Ethics Act" in paragraph (1), item (i) of that Article is deemed to be replaced with ", the National Public Service Ethics Act (including as applied mutatis mutandis pursuant to the provisions of Article 6, paragraph (4) of the Act on the Experience of Practice as an Attorney by Assistant Judges and Prosecutors (Act No. 121 of 2004)) or the Act on the Experience of Practice as an Attorney by Assistant Judges and Prosecutors".

Article 7(1)When the period of practice as an attorney is completed, the experience of practice as an attorney is to end.

(2)If the employee engaged in practice as an attorney who is a court administrative official has lost the status under the employment contract stated in Article 4, paragraph (1) with the hosting 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 practice as an attorney to continue with the experience of practice as an attorney, the Supreme Court must promptly terminate the experience of practice as an attorney.

(3)If the employee engaged in practice as an attorney who is an employee of the Ministry of Justice has lost the status under the employment contract stated in Article 4, paragraph (1) with the relevant hosting 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 employee to continue with the experience of practice as an attorney, the Minister must promptly terminate the experience of practice as an attorney.

(4)If the experience of practice as an attorney by an employee engaged in practice as an attorney, who is a court administrative official, ends pursuant to the provisions of paragraph (1) or paragraph (2), the employee engaged in practice as an attorney is to have their attorney registration revoked pursuant to the provisions of the Attorneys Act, and the Supreme Court must take the necessary procedures to appoint the employee engaged in practice as an attorney 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 of practice as an attorney by an employee engaged in practice as an attorney, who is an employee of the Ministry of Justice, ends pursuant to the provisions of paragraph (1) or paragraph (3), that employee is to have their attorney registration revoked pursuant to the provisions of the Attorneys Act, and the Minister of Justice must take necessary measures to appoint that employee 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 that Act (excluding the provisions of Article 68-4 of that Act; the same applies below in this paragraph) do not apply to an employee engaged in practice as an attorney. In this case, if an employee (meaning an employee provided for in Article 2, paragraph (1), item (i) of that Act; the same applies below in this paragraph) to whom the provisions concerning short-term benefits in that Act apply becomes an employee engaged in practice as an attorney, concerning the application of the provisions concerning short-term benefits in that Act, the employee is deemed to have retired (meaning retirement provided for in Article 2, paragraph (1), item (iv) of that Act) on the day preceding the day on which the employee became an employee engaged in practice as an attorney, and if an employee engaged in practice as an attorney becomes an employee to whom the provisions concerning short-term benefits in that Act apply, concerning the application of the provisions concerning short-term benefits in that Act, the employee engaged in practice as an attorney is deemed to have become an employee to whom those provisions apply on the day they become that employee.

(2)Concerning the application of the provisions of the National Public Officers Mutual Aid Association Act concerning retirement and other pension benefits to an employee engaged in practice as an attorney, the services of an attorney provided for in Article 4, paragraph (1) are deemed to be public duties.

(3)An employee engaged in practice as an attorney may not utilize the welfare services stated in the items of Article 98, paragraph (1) of the National Public Officers Mutual Aid Association Act.

(4)Concerning the application of the provisions of the National Public Officers Mutual Aid Association Act to an employee engaged in practice as an attorney, the phrase "remuneration specified by Cabinet Order as being equivalent remuneration" in Article 2, paragraph (1), items (v) and (vi) of that Act is deemed to be replaced with "remuneration specified by the management rules of the national public officers mutual aid association as stated in paragraph (1) of the following Article as being equivalent remuneration"; the phrase "the following items" in Article 99, paragraph (2) of that Act is deemed to be replaced with "item (iii)"; the phrase "the relevant items" in that paragraph is deemed to be replaced with "that item"; the phrase "and expenses borne by the national government" in that paragraph is deemed to be replaced with "and expenses borne by the hosting legal professional corporation, etc. stated in Article 2, paragraph (7) of the Act on the Experience of Attorneys Duty of Assistant Judges and Prosecutors (Act No. 121 of 2004) (referred to below as the" hosting legal professional corporation, etc. ")"; the phrase "expenses borne by the national government" in item (iii) of that paragraph is deemed to be replaced with "expenses borne by the hosting 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 that Act are deemed to be replaced with "the hosting 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 that Article following the deemed replacement of terms) and paragraph (5) of that Article (including as applied pursuant to the provisions of paragraphs (7) and (8) of that Article following the deemed replacement of terms)" in that paragraph is deemed to be replaced with "Article 99, paragraph (2) and paragraph (5)"; the phrase"Article 99, paragraph (2), items (iii) and (iv) in paragraph (4) of that Article is deemed to be replaced with "Article 99, paragraph (2), item (iii)"; the phrase "and paragraph (5) of that Article (including as applied pursuant to the provisions of paragraphs (7) and (8) of that Article following the deemed replacement of terms; the same applies below in this paragraph)" in that paragraph is deemed to be replaced with " and paragraph (5) of that Article"; the phrase "(paragraph (5) of that Article" is deemed to be replaced with "(that paragraph"; and the phrase "the national government, agencies engaged in administrative execution, or employee organizations" is deemed to be replaced with "the hosting legal professional corporation, etc. and the national government".

Article 9Concerning the application of the provisions of the Child and Childcare Support Act (Act No. 65 of 2012) to an employee engaged in practice as an attorney, the hosting legal professional corporation, etc. is deemed to be an organization prescribed in Article 69, paragraph (1), item (iv) of that Act.

Article 10(1)Concerning 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 a person who used to be an employee engaged in practice as an attorney, 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 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 workplace related to the services of the attorney is deemed to be the workplace provided for in that Article; the same applies in paragraph (1) of the following Article)) are deemed to be public duties.

(2)Concerning 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 employee engaged in practice as an attorney, the employee engaged in practice as an attorney is deemed to be an employee, etc. of an agency engaged in administrative execution provided for in Article 11-7, paragraph (3) of that Act.

Article 11(1)Concerning 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 practice as an attorney or a person who was an employee engaged in practice as an attorney has retired, injury or illness or death in the course of duty related 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 that Act, and injury or illness due to commuting prescribed in Article 7, paragraph (2) of the Industrial Accident Compensation Insurance Act related 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 Act on National Public Officers' Retirement Allowance.

(2)Concerning the application of the provisions of Article 6-4, paragraph (1) and Article 7, paragraph (4) of the Act on National Public Officers' Retirement Allowance to an employee or former employee engaged in practice as an attorney, the period of practice as an attorney 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 that Act.

(3)The provisions of the preceding paragraph do not apply if an employee engaged in practice as an attorney or a person who was an employee engaged in practice as an attorney 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 that Act) from the hosting legal professional corporation, etc.

(4)Concerning the monthly amount of salary or dependency allowance, or area allowance or wide-area transfer allowance for it (referred to below as "salary, etc." in this paragraph), which is the basis for calculating the retirement allowance pursuant to the provisions of the Act on National Public Officers' Retirement Allowance, to be paid to an employee engaged in practice as an attorney when the employee retired during the period of practice as an attorney, the monthly salary, etc. of the employee engaged in practice as an attorney is the monthly salary, etc. that the employee engaged in practice as an attorney received on the day preceding the day on which the employee was appointed to a government position belonging to the court administrative official 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 prosecutors.

(5)Concerning the application of the provisions of Article 6-4 of the Act on National Public Officers' Retirement Allowance in cases where an employee engaged in practice as an attorney or a person who was formerly an employee engaged in practice as an attorney 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 administrative official or the Ministry of Justice, pursuant to the provisions of Article 2, paragraph (3) or paragraph (6) during the period of practice as an attorney.

Article 12Appropriate consideration must be given to the treatment of an employee engaged in practice as an attorney who is a court administrative official and appointed as an assistant judge or judge after the completion of their experience of practice as an attorney, and to the treatment of an employee engaged in practice as an attorney who is an employee of the Ministry of Justice and appointed as a prosecutor after the completion of their experience of practice as an attorney, 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 implementation of this Act related 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 related to prosecutors are specified by Ministry of Justice Order.

(3)The Minister of Justice must hear the opinion of the National Personnel Authority, when intending to establish, amend or repeal the Ministry of Justice Order stated in Article 2, paragraph (7) or Article 7, paragraph (3). The same applies when intending to establish, amend or repeal the Ministry of Justice Order stated in the preceding paragraph that provides for matters under the jurisdiction of the National Personnel Authority.