I hereby give My sanction with the advice of the Privy Council, to the Law for the Enforcement of the Court Organization Law for which the concurrence of the Imperial Diet has been obtained and cause the same to be promulgated.
御名御璽
Signed:HIROHITO, Seal of the Emperor
昭和二十二年四月十五日
This fifteenth day of the fourth month of the twenty-second year of Showa (April 15, 1947)
內閣総理大臣 吉田茂
Countersigned: Prime Minister YOSHIDA Shigeru
司法大臣 木村篤太郎
Minister of Justice KIMURA Tokutaro
法律第六十号
Law No.60
裁判所法施行法
LAW FOR THE ENFORCEMENT OF THE COURT ORGANIZATION LAW
Article 1.(Laws to be Abrogated) : Law No.106 of the 23rd year of Meiji (1890), Law No.9 of the 2nd year of Taisho (1913), Law No.30 of the 10th year of Showa (1935), Law No.11 of the 13th year of Showa (1938), and Ordinance for Summary Decisions of Contravention of Police Regulations (Ikeizai Sokketsurei) are hereby abrogated.
Article 2.(Procedures in Former Courts). The receptions of cases and other procedures taken by courts in accordance with the old Court Organization Law shall be deemed receptions and other procedures taken by the Supreme Court or inferior courts in accordance with provisions made by Government Ordinance.
In regard to administrative litigation pending in the Court of Administrative Litigation at the time of enforcement of the Court Organization Law, an administrative action brought at the Court of Administrative Litigation shall be deemed an action brought in the Tokyo High Court.
Article 3.(Status of Former Judges). A person who holds the office of a judge in the old Supreme Court at the time of the enforcement of the Court Organization Law and is not appointed as judge of the new Supreme Court shall be deemed to be assigned to the Tokyo High Court.
A person who holds the office of judge in an Appellate Court at the time of the enforcement of the Court Organization Law shall be deemed to be assigned to the High Court which has jurisdiction over the place where the Appellate Court is situated.
A person who holds the office of judge in a District Court under the old Court Organization Law (the term "old District Court" will be used hereafter) or a person who holds the office of judge in a Local Court at the time of the enforcement of the Court Organization Law, shall be deemed to be assigned to the District Court which has jurisdiction over the place where the old District Court or the Local Court is situated.
A person who is employed as probationary judge in an old District Court or a Local Court at the time of the enforcement of the Court Organization Law shall be deemed to be assigned to the District Court which has territorial jurisdiction over the places where the said Courts are located, as an assistant judge.
別に辞令が発せられた場合には、前三項の規定を適用しない。
In cases where special appointments are issued, the provisions of the three previous paragraphs shall not apply.
In cases where the successors of judges are appointed in accordance with the proviso of Article 103 of the Constitution of Japan, the Supreme Court shall decide which of the judges mentioned in the preceding four paragraphs shall be replaced by them.
The Supreme Court must, within six months after the enforcement of the Court Organization designate, in accordance with Article 80, paragraph 1 of the Constitution of Japan, those persons who are to be appointed as successors under the provisions of the preceding paragraphs.
Article 4.(The Consultative Committee for the Appointment of Judges in accordance with Cabinet Ordinance). The Consultative Committee for the Appointment of Judges mentioned in Article 39, paragraph 4 of the Court Organization Law may be established in accordance with the Government Ordinance prior to the enforcement of the said law in order to prepare for the enforcement of the said law.
前項の裁判官任命諮問委員会は、裁判所法施行前にその職務を行うことができる。
The Consultative Committee for the Appointment of Judges of the preceding paragraph may take up its duties prior to the enforcement of the Court Organization Law.
Article 5.(Universities Designated in Article 41 of the Court Organization Law). A university designated in Article 41, paragraph 1, item 6 of the Court Organization Law shall be a university which is provided by the School Education Law in which there is a graduate course (Daigaku-in) or a university which is provided by the University Ordinance.
Article 6.(Exception to Pensions for Former Judges). In regard to the pensions to be given to those who were judges at the time when the Court Organization Law was enforced but lost their positions according to the proviso of Article 103 of the Constitution of Japan, special provisions may be made by statute apart from the provisions of the Pension Law.
Article 7.(Matters other than above). Excepting what is provided for in the present law, matters of importance concerning the enforcement of the Court Organization Law and of the present law shall be determined by the Government Ordinance.
附 則
Supplementary Provision:
この法律は、裁判所法施行の日から、これを施行する。
This law shall come into force as from the day of enforcement of the Court Organization Law.