Mariners'Employment Security Bill
法令番号: 法律第130号
公布年月日: 昭和23年7月10日
法令の形式: 法律
I hereby promulgate the Mariners'Employment Security Law.
Signed:HIROHITO, Seal of the Emperor
This tenth day of the seventh month of the twenty-third year of Showa (July 10, 1948)
Prim Minister ASHIDA Hitoshi
Law No.130
Mariners'Employment Security Law Contents
Chapter I. General Provisions
Chapter II. Mariners'Employment Exchange Service vocational guidance and Seamen's Vocational Guidance with are conducted by the Government
Section I. General Provisions
Section II. Mariners'Employment Exchange
Section III. Vocational Guidance
Section IV. Seamen's Vocational Training
Chapter III. Mariners'Employment Exchange Service, Recruitment of Mariners and Mariners'Labor Supply Service which are conducted by other persons than the Government
Section I. Mariners'Employment Exchange Service
Section II. Recruitment of Mariners
Section III. Mariners'Labor Supply Service
Chapter IV. Mariners'Employment Security Council
Chapter V. Miscellaneous Provisions
Chapter VI. Penal Provisions
Supplementary Provisions:
Mariners'Employment Security Bill
Chapter I. General Provisions
(Objective of the Law)
Article 1. The objective of this Law shall be to promote the adequate supply of labor power to the maritime enterprise, by fairly and properly giving every person, according to their ability and qualification, full opportunity to become a mariner.
(Free Choice of Job)
Article 2. Every person shall have a free choice of mariner's job on a proper vessel having regard to his ability, the certificate or licence in his possession, or the qualification to be determined by the training he has received his or by experience.
(Free Choice of Mariners)
Article 3. A shipowner (meaning a ship's husband in case of co-ownership, a lessee in case of lease and in case and other person than a shipowner, a ship's husband or a lessee intends to employ mariners, such person;the name shall apply correspondingly to the following Articles) shall have free choice of persons whom he intends to employ as mariners. The terms of agreements, however, entered into between shipowners or organization formed thereby and unions in accordance with the provisions of the Labor Union Law (Law No.51 of 1945) shall not be deemed to be in conflict with the above provision.
(Equitable Treatment)
Article 4. No one shall be discriminated against in employment exchange seamen's vocational training, etc., because of race, nationality, religious belief, sex, social status, family orgin, previous profession, affiliation or nonaffiliation with a labor union etc. The terms of agreements, however, entered into between shipowners or organizations formed thereby and unions in accordance with the provisions of the Labor Union Law shall not be deemed to be in conflict with the above provision.
(Functions of The Government)
Article 5. The Government shall handle the following matters to accomplish the objective of Article 1:
1) To adequately adjust demand and supply of maritime labor power, and formulate plans necessary for the most effective use of the maritime labor power;
2) To direct and supervise mariners'employment exchange, recruitment of mariners or mariners'labor supply service operated by any other persons than the Government in order to promote the best interests of mariners and the public;
3) To give assistance in finding suitable mariners job for the applicants seeking work, as soon as possible;
4) To conduct vocational guidance or seamen's vocational training for applicants seeking work if necessary;
5) To collect or disseminate informations concerning demand and supply maritime labor power and other data;
6) To improve the management of the services of the Public Mariners'Fmployment Security Office with the co-operation of individuals, organizations, schools or necessary government agencies;
7) To conduct employment exchange, vocational guidance or seamen's vocational training for persons who should be paid unemployment insurance benefits in accordance with the Mariners'Insurance Law (Law No.73 of 1939) and hereby perform the sound operation of the unemployment insurance system.
(Definition)
Article 6. "The mariner" in this Law is a mariner as provided for in the Mariners Law (Law No.100 of 1947) or a person, not falling under the same law, who gets on board any vessel other than the Japanese vessels.
2. "The mariners'employment exchange" in this Law is the medium through which mariner's hiring arrangements may be concluded between an applicant for workers and job seekers when so requested by both parties.
3. "The vocational guidance" in this Law is to give necessary direction or advices to those persons intending to be mariners in order to facilitate their choice of suitable jobs and adaptability to the jobs they have chosen.
4. "The seamen's vocational training" in this Law is to furnish those persons intending to be ordinary seamen with basic practical knowledge and skill required for service at sea, such as lowering of life-boats, firing boilers, first aid, sea terms and discipline on board, with a view to facilitating the materialization of their purposes.
5. "The recruitment of mariners" under this Law means that employers who wish to employ mariners canvass, by themselves or through other persons they entrust, those persons intending to be mariners so that they may be their employees.
6. "The labor supply of mariners" under this Law means to entrust other persons with employing some persons as mariners in accordance with the terms of the contract for supply.
Chapter II. Mariners'Employment Exchange Services, Vocational Guidance and Seamen's Vocational Guidance which are conducted by the Government
Section I. General Provisions
(Services of Director of Maritime Department)
Article 7. The Director of Maritime Department, Ministry of Transportation (hereinafter referred to as the Director of Maritime Department) shall, under the supervision of the Minister of Transportation, supervise the directors of the Maritime Bureaus in connection with the enforcement of this Law, establish standards of administrative supervision of the Public Mariners'Employment Security Office, plan and carry out the mariners'recruitment programs for the maritime enterprise, accelerate planning and carrying out the programs to alleviate unemployment, adjust supply and demand of the maritime labor power, establish policies for vocational guidance and vocational training, carry out any other functions which are necessary in the enforcement of this Law and supervise the personnel under his jurisdiction.
(Public Mariners'Employment Security Office)
Article 8. The Public Mariners'Employment Security Offices shall be established within the Maritime Bureaus which shall serve the public free of charge and shall perform such business as employment exchange, vocational guidance, the affairs which were transferred to under their jurisdiction according to the provisions of the Mariners'Insurance Law, and other neceesary functions to accomplish the objective of this Law.
2. The name, location and jurisdiction of the Public Mariners'Employment Security Offices, the fixed number of personnel thereof and other necessary matters connected with the same Offices shall be provided for by Orders.
(Public Mariners'Employment Security Liaison Office)
Article 9. The Minister of Transportation may designate Public Mariners'Employment Security Liaison Offices from among Public Mariners'Employment Security Offices in Paragraph 1 of the preceding Article.
2. The same Liaison Office shall, in relation to the conditions of demand and supply of maritime labor power within the jurisdiction of the Maritime Bureau to which it belongs, manage the business of making liaison between the Public Mariners'Employment Security Offices.
(Prerequisites to Personnel)
Article 10. In order to make effective the function of the Public Mariners'Employment Security Office, Government Officials or other personnel to engage exclusively in the duties of the enforcement of this Law shall have such qualifications or experiences as shall be established by the Ministry of Transportation.
(Cooperation with the Public Employment Security Office)
Article 11. The Public Mariners'Employment Security Office shall, in regard to the services of the Public Employment Security Office, co-operate therewith.
(Facilities for Persons Seeking Employment)
Article 12. The Government shall, when deemed necessary in conducting mariners'employment exchange service, establish accommodation, dining saloons, bath rooms and other facilities.
(Investigation on the Demand and Supply of Labor)
Article 13. The Director of Maritime Department shall collect the materials concerning the employment and unemployment of mariners receiving from the Public Mariners'Employment Security Office based on investigation reports on the demand and supply of maritime labor power, make public the results of such studies and investigations, and further, make efforts to adjust the demand and supply of maritime labor power augmenting the amount of employment on the basis of the aforesaid result of studies and investigations.
(Services for Maritime Enterprise)
Article 14. The Director of Maritime Department shall, when he has been asked for guidance from shipowners concerning the recruitment, selection, assignment, transfer, etc. of mariners, offer the data, procedures and standards as based on the results of investigations on the jobs of mariners necessary for disposing of the above and shall, hereby, make efforts for the development of the maritime enterprise.
(Entrusting of Business Affairs)
Article 15. The Chief of the Public Mariners'Employment Security Office may entrust the following affairs to the Public Employment Security Office:
1) Acceptance and conveyance to the Public Mariners'Employment Security Office of such applications for jobs as in cases where the applicants find it difficult to present themselves at the same Office.
2) Investigation of the identity, qualification, etc. of the applicants for jobs;
3) Publication of information on seeking for help or for employment.
2. In case where, in entrusting the affairs mentioned in the abovementioned items, there is no Public Employment Security Office within the district concerned or bordering district thereof, the Chief of the Public Employment Security Office may request the headmen of towns or villages within the district concerned to manage the affairs mentioned in any of the preceding items.
Section II. Mariners'Employment Exchange
(Acceptance of Application)
Article 16. The Public Mariners'Employment Security Office shall accept any application for help or for employment. In cases, however, where the contents of an application for help or for employment violate any Law or Order, or where the working conditions constituting the contents of such application for help, such as wages, working hours etc., are deemed to be extremely inappropriate in comparison with normal working conditions, the Office may refuse to accept such application.
2. The Public Mariners'Employment Security Office may, when deemed necessary, guide the persons seeking for help, in respect of the number of mariners whose help is sought for, working conditions and other conditions of the seeking for help, and may guide the persons seeking for employment, in respect of positions, labor conditions, vessels on board which intending mariners are to be manned and other conditions of finding employment.
(Statement of Working Conditions, etc.)
Article 17. Employers seeking workers shall provide full information regarding the nature of the work to be performed, hours, wages and other working conditions, to the Public Mariners'Employment Security Office, which, in turn, will make such information fully available to applicants for jobs.
(Principle of Employment Exchange)
Article 18. The Public Mariners'Employment Security Office shall make efforts to find such employment for the applicants for help or for the applicants for employment as conforms with such applican't request.
Article 19. The employment exchange shall, in case where the application for help and that for employment stand on equal conditions, be conducted according to the order of acceptance of such application. In case where a job applicant, however, refuses to enter, for a certain number of times determined by Ordinance, into a suitable job presented by the Public Mariners'Employment Security Office, his application shall be construed as newly accepted at the time of his last refusal in respect of the order of exchange.
(Active Exercise of Exchange Service)
Article 20. The Public Mariners'Employment Security Offices shall make efforts to exercise actively the service of finding employment according to the circumstances surrounding the demand and supply of maritime labor power.
(Neutrality in Labor Dispute)
Article 21. To maintain a neutral stand in labor disputes the Public Mariners'Employment Security Office shall not refer job applicants to any ship where a strike, lock-out or laid-up reserve is actually taking place.
2. Besides, in case the Labor Relations Committee has reported to the Public Mariners'Emplopment Security Office that labor disputes which are likely to lead to a strike, lock-out or laid-up reserve are taking place on board a vessel and that the settlement of the disputes are feared to be interrupted by referring the applicants beyond limit, the Public Mariners'Employment Security Office shall not refer any job applicant to the ship concerned. The provisions of this paragraph, however, shall not apply to the cases where the job applicants are referred to the shipowner to the extent necessary for maintaining the number of mariners who have been regularly employed until such disputes took place.
(Rules for Procedures)
Article 22. Procedures of mariners'employment exchange and other necessary matters concerned the mariners'employment exchange conducted by the Government shall be established by Orders.
Section III. Vocational Guidance
(Principle of Vocational Guidance)
Article 23. The Public Mariners'Employment Security Office shall perform vocational guidance for those persons who intend newly to enter into jobs of mariners or others who intend to seek mariner's job when execution of special guidance is deemed necessary.
(Quality Test)
Article 24. The Public Mariners'Employment Security Office may, when deemed necessary, carry out quality tests of adaptability to the mariners'job as regards those persons who get vocational guidance for their physical strength, mental faculties, character etc.
(Cooperation with Educational Institution Authorities)
Article 25. The Public Mariners'Employment Security Office shall cooperate with educational institutions which conduct vocational guidance as regards those who complete their course of study.
(Detailed Regulations)
Article 26. The procedures for the carrying out of vocational guidance and other necessary matters pertaining thereto shall be provided for by Orders.
Section IV. Seamen's Vocational Training
(Principle of Seamen's Vocational Training)
Article 27. Seamen's vocational training shall be conducted concerning necessary kinds of ratings in proportion to the conditions of demand and supply of maritime labor power. As for minors and other persons who are in need of special vocational training, such items and methods of training shall be selected as will be suitable for their abilities.
2. The training to be conducted by the Ministry of Transportation in accordance with the provision of this Law shall be limited to that which has a direct relation to the specialized job activities of maritime workers. The Ministry of Transportation shall not offer courses of training in subjects, except technical subjects, that are normally offered in schools under the school Education Law (Law No.26 of 1947). The Ministry of Transportation shall emphasize particularly on-the-job training with the minimum of classroom instruction.
(Seamen's Vocational Training Institutes)
Article 28. Seamen's vocational training shall be executed by seamen's training institutes as are designated by the Ministry of Transportation.
(Cooperation of the Public Mariners'Employment Security Office)
Article 29. The Public Mariners'Employment Security Office shall cooperate with the seamen's training institutes of the preceding paragraph in selection of the vocational trainees.
(Kind of the Seamen's Vocational Training, etc.)
Article 30. The Minister of Transportation shall fix the kind and methods of the seamen's vocational training and other necessary matters relative to the selection of the vocational trainees.
2. The term of the seamen's vocational training shall not exceed three months'period.
(Payment of Allowance)
Article 31. The Government may pay allowances to the vocational trainees.
(Enforcement Regulations)
Article 32. Other necessary matters regarding the seamen's vocational training other than those provided for in this Section shall be established by orders.
Chapter III. Mariners'Employment Exchange Service, Recruitment of Mariners and Mariners'Labor supply Service which are conducted by other persons than the Government
Section I. Mariners'Employment Exchange Service
(Prohibition of Mariners'Employment Exchange Service)
Article 33. Anyone other than the Government shall not, except for in the case provided for in the provisions of Article 34, engage in the mariners employment exchange service.
(Permission for the Operation of Mariners'Employment Exchange Service Fee of Charge)
Article 34. Such associations who represent shipowners and/or mariners or such juridical or non-juridical person associated for public interest, as, at the same time, satisfy all the following items may conduct mariners'employment exchange service with permission of the Minister of Transportation:
1) That the mariners'employment exchange conducted by those associations charges no fee and their service does not aim at profit-making;
2) That the mariners'employment exchange service is conducted without being subsidized from the national treasury.
2. The Minister of Transportation shall, in case where he has received any application for permission agreeable to the conditions mentioned in the preceding paragraph, give permission to the same.
(Changing Location, etc. of the Mariners'Employment Exchange Office)
Article 35. Any person shall not change the location of the Mariners'Employment Exchange Office or its facilities engaged in mariners'employment exchange service or increase the number of Mariners'Employment Exchange Agencies unless he has reported in advance, to the Minister of Transportation.
(Improvement of Facilities, etc.)
Article 36. The Minister of Transportation may, when it is deemed that any facilities of the Mariners'Employment Exchange Egency or the operation of services thereof are inappropriate in respect of the management of mariners'employment exchange service, recommend the association conducting the above service to improve the facilities concerned or take other necessary measures.
(Prohibition of Receiving Remuneration)
Article 37. Any employee of a mariners'employment exchange service shall not, under any pretext, receive or cause any other person to receive for their service any profit of property, beyond their wages, salaries or other remunerations corresponding thereto.
(Restraint on Side Business)
Article 38. Anyone engaged in mariners'employment exchange service and anyone employed by the same shall not pursue the following business except in cases where the former has obtained an approval of the Minister of Transportation for the business mentioned in Items 4 to 6:
1) Money exchange;
2) Pawnbroker;
3) Sale of intoxicants;
4) Operation of Eating-house;
5) Sale of daily necessaries;
6) Operation of Lodgin-house.
2. Anyone engaged in mariners'employment exchange service or anyone employed by him may not pursue profits conspiring with those engaged in a business mentioned in any of the preceding items.
(Limitation of Name)
Article 39. Anyone other than those intending to be engaged in mariners'employment exchange service in accordance with the provisions of Article 34 shall not use the letters in their name or in the name of their facilities indicative of the agent engaging in mariners'employment exchange service.
(Preparation of Books, Documents, etc.)
Article 40. Anyone engaged in mariners'employment exchange service under the provision of Article 34 shall prepare such books and documents of the business as shall be provided for by Orders, and keep them in his office.
(Provision to be Applied with Necessary Modifications)
Article 41. The provisions of Articles 16 to 23 inclusive shall apply with necessary modifications to the mariners'employment exchange service which is to be conducted under the provisions of Article 34.
(Enforcement Regulations)
Article 42. Other necessary matters regarding the mariners'employment exchange service other than those provided for in this Section shall be established by Orders.
Section II. Recruitment of Mariners
(Recruitment in Writing)
Article 43. Those who intend to recruit mariners by means of advertisement in newspapers, magazines or other publications or by means of publishing notices or distributing papers or by broadcasting shall report the details of the recruitment to chiefs of Public Mariners'Employment Security Offices.
(Recruitment other than by means of Writing)
Article 44. Those who intend to recruit mariners by other methods than those prescribed in the preceding Article shall, except in cases as provided for by Orders, obtain the permission of the Minister of Transportation.
2. Those who need not obtain the permission of the Minister of Transportation in accordance with the provisions of the preceding paragraph, shall in advance submit a report concerning the contents of the recruitment to the Chief of the Public Mariners'Employment Security Office.
(Recruitment in Trust)
Article 45. In cases where a shipowner intends to recruit mariners by entrusting persons other than the employees thereof, he shall obtain the permission of the Minister of Transportation.
2. In cases where a shipowner intends to give remuneration to other persons than his employees as mentioned in the preceding paragraph for their service in engaging in the recruitment of mariners, he shall obtain the permission of the Minister of Transportation.
3. Those who engage in the recruitment of mariners under the provisions of Article 45, Paragraph 1 shall not simultaneously engage in the recruitment for more than one shipowner.
(Restriction of Recruitment)
Article 46. The Chief of a Public Mariners'Employment Security Office may, when deemed necessary for the adjustment of demand and supply of maritime labor power, set limits to the area or time of recruitment in respect of the recruitment as provided for in Article 43 by means of documents stating the reason therefor.
Article 47. The Minister of Transportation may, when permitting the recruitment as prescribed in Article 44, give necessary instructions in respect of the method of recruitment such as the number of mariners to be recruited or the area of recruitment.
(Prohibition of Receiving Compensation)
Article 48. Shipowners, employees engaging in the recruitment of mariners or those who engage therein according to the provisions of Article 45, shall not receive any financial benefits from applicants for recruitment under any pretext.
(Prohibition of Giving Money etc.)
Article 49. Any shipowner shall not give money or goods for the service of the employees engaged in the recruitment under any pretext.
(Prohibition of Re-committment)
Article 50. The employees who engage in the recruitment of mariners and those who engage, under the provisions of Article 45, Paragraph 1, in the recruitment of mariners shall not entrust the recruitment to other persons.
(Application with Necessary Modifications of Indication of Working Conditions etc.)
Article 51. The provisions of Articles 17 and 21 shall apply with necessary modifications to those who recruit mariners.
(Rules for Procedures)
Article 52. Necessary matters concerning the recruitment of mariners other than those provided for in this Section shall be provided for by Orders.
Section III. Mariners'Labor Supply Service
(Prohibition of Mariners'Labor Supply Service)
Article 53. No person shall, except in the case prescribed in Article 54, conduct mariners'labor supply service, or employ as mariners such persons as are supplied by those who conduct the mariners'labor supply service.
(Permission of Mariners'Labor Supply Service)
Article 54. The Labor Union based on the Labor Union Law may, in case where it has obtained the permission of the Minister of Transportation, conduct the mariners'labor supply service free of charge.
(Provisions for Application with Necessary Modifications)
Article 55. The provisions of Articles 17 and 21 shall apply with necessary modifications to the mariners'laber supply service conducted by the Labor Union in the preceding Articles.
(Enforcement Regulations)
Article 56. The procedure for application for permission regarding the mariners'labor supply service and other necessary matters relative to the same service shall be provided for by Orders.
Chapter IV. Mariners'Employment Security Council
(Mariners'Employment Security Council)
Article 57. The Mariners'Employment Security Councils shall be established in order to deliberate on matters concerning the enforcement of this Law.
2. There shall be two kinds of Mariners'Employment Security Councils, namely a Central Mariners'Employment Security Council and Local Mariners'Employment Security Councils.
3. Besides the Mariners'Employment Security Councils as prescribed in the preceding paragraph, the Minister of Transportation may establish the Special District Mariners'Employment Security Councils which governs the district extending to the jurisdictional area of more than two Maritime Bureaus or part of the area under jurisdiction of the Maritime Bureau.
4. The Central Mariners'Employment Security Council and the Special District Mariners'Employment Security Councils which govern the district extending to the jurisdictional areas of more than two Maritime Bureaus may, in response to the inquiries of the Minister of Transportation, and the Local Mariners'Employment Security Councils and the Special District Mariners'Employment Security Councils which govern part of the area under the jurisdiction of the Maritime Bureau may, in response to the inquiries of the Directors of Maritime Bureaus, not only conduct investigation and deliberation in relation to the affairs provided for in Paragraph 1, but also make proposals, if necessary, to the competent administrative authorities.
5. The Minister of Transportation or the Director of Maritime Bureau shall ask for opinions of the Mariners'Employment Security Councils about all important matters pertaining to the enforcement of this Law.
6. The Mariners'Employment Security Council may, when deemed necessary to conduct their services, request the Minister of Transportation or Director of Maritime Bureau to make reports on the matters concerned.
7. Members of the Mariners'Employment Security Council shall be appointed from among representatives of shipowners or mariners, and men of learning or experience.The members of the Central Mariners'Employment Security Council and the Special District Mariners'Employment Security Council which governs the district extending to the jurisdictional areas of more than two Maritime Bureaus shall be appointed by the Minister of Transportation, and the members of the Local Mariners'Employment Security Council and the Special District Mariners'Employment Security Council which governs part of the area under jurisdiction of the Maritime Bureau by the Director of Maritime Bureau.
8. The member of council members who are appointed from among those persons representing shipowners, that of those representing mariners and that of those appointed from among men of learning or experience shall each be equal.
9. The Central Mariners'Employment Security Council shall be convened once or more every three months and the Local and Special District Councils, once or more per month respectively.
10. Necessary matters concerning the Mariners'Employment Security Councils other than those provided for in the preceding paragraphs shall be established by Orders.
Chapter V. Miscellaneous Provisions
(Collection of Reports)
Article 58. The Chiefs of the Public Mariners'Employment Security Agencies may, when deemed necessary, cause shipowners to make reports on the employment and discharge of mariners.
(Inspection, etc.)
Article 59. The Minister of Transportation may cause those who engage, with permission, in the mariners'employment exchange service, in the recruitment of mariners or in mariners'labor supply service to make reports or submit necessary documents or books on their businesses or services, or may cause competent officials to inspect at their offices the business conditions, books, documents or any other articles.
2. The Minister of Transportation, when deemed necessary to investigate operative conditions of the provisions of Article 53, may cause competent officials to visit the office and other establishment and to request the submission of books and documents or put questions to shipowners or mariners.
3. The competent officials shall, in case they exercise their authority provided for in the provisions of the preceding two paragraphs, carry with them certificates testifying their official status.
(Suspension of Business or Cancellation of Licence)
Article 60. In cases where the Minister of Transportation deems that those who engage in the mariners'employment exchange service, in the recruitment of mariners or in mariners'labor supply service, have violated any Laws or Orders or dispositions made by the Minister of Transportation or by the Director of Maritime Bureau based thereupon or that their business or service threatens public benefit, the said Minister may suspend such business or cancel the permission.
2. Any person whose permission has been cancelled under the provisions of the preceding paragraph shall not be granted the permission for mariners'employment exchange service again.
(Observance of Secrecy)
Article 61. The personal information of any mariner or shipowner which has come to knowledge from mariners, shipowners or other persons, in regard to the business of the Public Mariners'Employment Security Offices or in regard to mariners'employment exchange service, recruitment of mariners or mariners'labor supply service which are conducted by persons other than the Government, shall be kept in secret, and no person shall be allowed to divulge such secrecy. This shall, however, not apply to the cases where such information is published under the direction of the director of Maritime Department.
(Education or Training of Officials)
Article 62. The Government shall formulate plans and establish necessary facilities for educating or training officials who shall engage in such service of mariners'employment exchange, vocational guidance or any other service relating to the enforcement of this Law as shall be conducted by the Government.
(Delegation of Powers)
Article 63. The authority of the Minister of Transportation provided for in this Law may be delegated to the Chief of Maritime Bureau in accordance with the provisions of Orders.
Chapter VI. Penal Provisions
Article 64. Those who come under any of the following items shall be subject to imprisonment not less than one year and not exceeding ten years or a fine not less than 2,000 yen and not exceeding 30,000 yen:
1) Those who have conducted employment exchange service for mariners, recruited mariners or who have engaged in mariners'labor supply service by means of violence, intimidation, confinement, or undue restraint on the mental or physical freedom;
2) Those who have rendered employment exchange service for mariners or recruited mariners'labor supply service or who have engaged in such business for the purpose of causing mariners to engage in the business harmful to public health or morality.
Article 65. Those who come under any of the following items shall be subject to imprisonment not exceeding one year or to a fine not exceeding 10,000 yen:
1) Those who have violated the provisions of Article 33;
2) Those who have violated the provisions of Article 38;
3) Those who have violated the provisions of Article 44, Paragraph 1;
4) Those who have violated the provisions of Article 45, Paragraph 1;
5) Those who have violated the provisions of Article 53.
Article 66. Those who fall under any of the following items shall be subject to imprisonment not exceeding six months or to a fine not exceeding 5,000 yen:
1) Those who have violated the provisions of Article 37;
2) Those who have violated the provisions of Article 45, Paragraph 2 or 3;
3) Those who have infrenged the limits provided for in Article 46 or neglected the instructions provided for in Article 47;
4) Those who have violated the provisions of Article 48;
5) Those who have violated the provisions of Article 49;
6) Those who have violated the provisions of Article 50;
7) Those who have rendered employment exchange service for mariners or recruited them, or rendered mariners'labor supply service, or who have engaged in such business, by making false advertisements, posting or distributing false documents, by false broadcasting or by indicating false working conditions;
8) Those who have rendered employment exchange service or recruitment of mariners or rendered mariners'labor supply service or who have engaged in such business, for the purpose of employing the mariners to make them serve on board those vessels or at other working places where working conditions are in contravention of Laws or Orders.
Article 67. Those who come under any of the following items shall be subject to a fine not exceeding 5,000 yen:
1) Those who have failed to prepare books or documents as mentioned in the provisions of Article 40, or failed to provide them or those who have made false books or documents;
2) Those who have failed, without justifiable reasons, to make reports, or who have made false reports to Public Mariners'Employment Agencies, in defiance of the request of the agencies as provided for in Article 58;
3) Those who have failed, without justifiable reasons, to make reports, or made false reports, or failed to submit books or documents, or submitted books or documents with false entry or refused, interfered or evaded the official inspection or investigation, in violation of the provisions of Article 59, Paragraph 1 or 2.
Article 68. Those who come under any of the following items shall be subject to a fine not exceeding 3,000 yen:
1) Those who have violated the provisions of Article 35;
2) Those who have violated the provisions of Article 39;
3) Those who have violated the provisions of Article 43;
4) Those who have violated the provisions of Article 44, Paragraph 2.
Article 69. In cases where the person who has violated this Law is a proxy, employee, or other worker of or for a natural or juridical person, and in the event that the natural person or the representative of the juridical person concerned could be aware of such violation with ordinary care, not only the violator himself but also such natural person or the representative of the juridical person shall be subject to the monetary penalty as provided for in the respective Articles.
2. In cases where a natural person or the representative of a juridical person has neglected to take necessary measures for the suppression of the plot for offences, notwithstanding the fact that such person has been aware of such plot, or failed to take appropriate measures for correcting the unlawfulacts notwithstanding the fact that such person has been aware of such act, or instigated an offence, such natural person or such representative of the juridical person shall also be punished as an offender.
Supplementary Provisions:
The date of enforcement of this Law shall be fixed by a Cabinet Order not later than 120 days from the day of its promulgation.
The Mariners'Employment Exchange Law (Law No.38 of 1922) shall hereby be repealed.
Those who are actually engaged in the mariners'employment exchange service with the permission of the Minister of Transportation at the time of the enforcement of this Law may, within the limit of three months following its promulgation, continue their service.
Part of the Mariners'Insurance Law shall be revised as follows:
The "Mariners'Employment Exchange Agency" shall read "Public Mariners'Employment Security Agency."
Part of the Employment Security Law (Law No.141 of 1947) shall be revised as follows:
In Article 62, "Article 1 of the Mariners Law" shall read "Article 6, Paragraph 1 of the Mariners'Employment Security Law."
Minister of Transportation OKADA Seiichi
Minister of Labor KATO Kanju
Prime Minister ASHIDA Hitoshi