I hereby promulgate the Law for Partial Amendments to the Public Procurator's Office Law.
Signed:HIROHITO, Seal of the Emperor
This thirty-first day of the fifth month of the twenty-fourth year of Showa (May 31, 1949)
Prime Minister YOSHIDA Shigeru
The Law for Partial Amendments to the Public Procurator's Office Law
The Public Procurator's Office Law (Law No.61 of 1947) shall be partially amended as follows:
In Article 15 paragraph 1, "made by the Cabinet and" ;shall be added after "their appointments and dismissals shall be," and paragraph 3 of the same Article shall be deleted.
In Article 18 paragraph 2 item (1), "a higher officials examination" shall be amended as the examination mentioned in Article 66 paragraph 1 of the Court Organization Law (Law No.59 of 1947), "and in paragraphs 2 and 4 of the said Article," Assistant Procurators Selection Committee (Fuku-kenji Senko-iinkai) "shall be amended as" Assistant Procurators Selection Committee (Fuku-kenji Senko-shinsakai).
In Article 19 paragraph 1 item (3), "each Assistant to the Attorney-General (Homucho no Kaku-chokan)" shall be amended as "each Assistant to the Attorney-General (Homufu no Kaku-chokan)," and "a secretary of the Attorney-General's Office (Homucho-jimukan), instructor of the Attorney-General's Office (Homucho-kyokan)" shall be amended as "a secretary of the Attorney-General's Office (Homufu-jimukan), instructor of the Attorney-General's Office (Homufu-kyokan)" ;and item (5) of the said paragraph shall be deleted and in paragraph 3 of the said Article "items (3) to (5) inclusive" shall be amended as "items (3) and (4)."
In Article 23 paragraph 1, "After a decision of the Committee for the Examination of Qualifications of Public Procurators, and a recommendation of the Attorney-General, a public procurator" shall be amended as "The Procurator-General, the Assistant Procurator-General or a Superintending Procurator of High Public Procurator's Office, after a decision of the Committee for the Examination of Qualifications of Public Procurators and the recommendation of the Attorney-General, and any other public procurator or an assistant public procurator, after a decision of the Committee for the Examination of Qualifications of Public Procurators," in paragraphs 2 to 5 inclusive, "the Committee for the Examination of Qualifications of Public Procurators (Kensatsukan Tekikaku Shinsa-iinkai)" shall be amended as "the Committee for the Examination of Qualifications of Public Procurators (Kensatsukan Tekikaku Shinsakai)," is paragraph 3 of the said Article, "he shall recommend the dismissal of the procurator in question" shall be amended as "he shall recommend the dismissal of the public procurator in question who is the Procurator-General, the Assistant Procurator-General or a Superintending Procurator, and dismiss such public procurator who is any other public procurator or an assistant public procurator," in paragraph 4 of the said Article, "officials of the Attorney-General's Office (Homucho no kanri)" shall be amended as "officials of the Attorney-General's Office (Homufu no kanri)," in paragraph 5 of the said Article, "preceding four paragraphs" shall be amended as "seven preceding paragraphs," and the following three paragraphs shall be added next to paragraph 4 of the said Article:
There shall be one reserve member for each regular member of the Committee for the Examination of Qualifications of Public Procurator.
The reserve member for each regular member shall be selected from among those who have the same qualifications as that regular member respectively. However, the Diet members who are to become reserve members shall be selected by the House of Representatives and House of Councillors respectively.
In case a regular member is prevented from discharging his duties or the post thereof is vacant, the reserve member for him shall discharge the duties.
In Article 29, "by Government Ordinance within the limitations of the budget" shall be amended as "by other law separately."
Article 30 shall be amended as follows:
The following one Article shall be added before the Supplementary Provisions:
Article 32-(2). The provisions of Articles 15, 18 to 20 inclusive, and 22 to 25 inclusive of this Law shall constitute exceptions, based on the special nature of duties and responsibilities of public procurators, to the National Public Service Law (Law No.120 of 1947), in accordance with Article 13 of the Supplementary Provisions of the said Law.
In Article 37 paragraph 2, after "passed the examination" there shall be added "or a person who is a probationary lawyer at the time of enforcement of this Law and has practised as such for over one year and a half and has passed the examination" ;and the following one paragraph shall be added in the same Article:
In applying the provisions of Article 18 to the persons who, having the qualification of a lawyer, have been engaged in the practice of a lawyer in accordance with the Ordinance for the Korean Lawyers (Seirei No.4 of 1936), the Ordinance for the Formosan Lawyers (Ritsurei No.7 of 1935) or the Ordinance for the Kwantung Lawyers (Imperial Ordinance No.16 of 1936)(hereinafter to be called "an oversea lawyer" ), those whose period of practice as oversea lawyers in three years or more or whose total period of practice as oversea lawyers and lawyers is three years or more shall be deemed to have completed the study of a judicial apprentice when their period of practice has reached three years, and those who have completed the study and practice as a probationary lawyer for not less than one year and a half in accordance with the Ordinance for the Korean Lawyers and passed the examination, when they have passed the examination respectively.
Supplementary Provisions:
1. This Law shall come into force as from June 1, 1949.
2. Any person who has fallen under the provisions of Article 18 paragraph 2 item (1) or Article 19 paragraph 1 item (5) hitherto in force shall still be governed by such supervisions.
3. In applying the provisions of Article 19, the tenure of office of each Assistant to the Attorney-General, secretaries or instructors of the Attorney-General's Office (Homu-cho) before the enforcement of this Law shall be deemed to be the tenure of office of each Assistant to the Attorney-General, secretaries or instructors of the Attorney-General's Office (Homu-fu) respectively.