I hereby promulgate the Judicial Examination 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
Judicial Examination Law
(Purpose)
Article 1. The judicial examination shall be the State examination aiming to examine whether the examinees have knowledge and ability of application necessary for those who would be judges, public procurators or lawyers.
2 The examination provided for by Art.66 of the Court Organization Law (Law No.59 of 1947) shall be held under this Law.
(Classification of the Judicial Examination)
Article 2. The judicial examination shall be classified into the primary examination and the secondary examination.
(Primary Examination)
Article 3. The purpose of the primary examination shall be to examine whether the examinees have culture and general schoolarship adequate to take the secondary examination, and the examination shall be held by means of written examination on general education subjects at the standard of requirements for graduation from a university provided by the School Education Law (Law No.26 of 1947).
(Exemption from Primary Examination)
Article 4. Those who fall under any of the following items shall be exempted from the primary examination:
(1) Those who have completed the study of general education subjects necessary for acquisition of Gakushi degree at a university established under the School Education Law;
(2) Those who have graduated from or completed the course of the higher course of higher school under the former Higher School Ordinance (Imperial Ordinance No.389 of 1918), the preparatory course of university under the former University Ordinance (Imperial Ordinance No.388 of 1918) or the college under the former College Ordinance (Imperial Ordinance No.61 of 1903);
(3) Those who have passed the primary examination of the higher civil service examination under the former Higher Civil Service Examination Ordinance (Imperial Ordinance No.15 of 1929)(hereinafter referred to as higher civil service examination) or who have been exempted from the said primary examination;
(4) Besides those who fall under the preceding three items, those who have been recognized to have culture and general schoolarship equivalent to those who fall under the preceding three items in accordance with the determination by the Administration committee of the Judicial Examination.
2 Those who have passed the primary examination shall be exempted from the primary examination thereafter.
(Secondary Examination)
Article 5. The purpose of the secondary examination shall be to examine whether the examinees have knowledge and ability of application necessary for those who would be judges, public procurators or lawyers, and the examination shall be held on the subjects provided for by Art.6 by means of written and oral examinations.
2 Only those who have passed the primary examination or who have been exempted from the primary examination under the provisions of Art.4 are qualified to take the secondary examination.
(Subjects for Secondary Examination)
Article 6. The written examination shall be held on the following seven subjects:
(4) The Code of Civil Procedure;
(5) The Code of Criminal Procedure;
(6) Among the following subjects. one which has been selected in advance by the examinee:
(7) Among the following subjects, one which has been selected in advance by the examinee:
One of those which has not been selected by the examinee in accordance with the preceding item;
The International Private Law
2 The oral examination shall be held for those who have passed the written examination in regard to 5 subjects, namely, the Constitution, the Civil Code, the Criminal Code, the Code of Civil Procedure and the Code of Criminal Procedure.
3 Those who have passed the written examination shall, at their request, be exempted from the written examination of the next judicial examination.
(Holding of Judicial Examination)
Article 7. The judicial examination shall be held once or more annually and public notice of the date and place thereof shall be given in the Official Gazette in advance.
(Means of Determining Success in the Examination)
Article 8. Whether the examinees have passed the judicial examination or not shall be determined by means of the consultation of the members of the Judicial Examination Examining Committee.
(Certificate)
Article 9. Any person who has passed each class of the judicial examination shall be given a certificate certifying such fact.
(Illegal Examinee)
Article 10. Against those who have taken or attempted to take the judicial examination by illegal means, or have violated this Law or the Regulations of the Administration Committee of Judicial Examination, their examination may be suspended or the determination of their having passed the examination may be cancelled.
(Examination Fee)
Article 11. Any person who desires to take the primary examination shall pay the examination fee of 200 yen and any person who desires to take the secondary examination shall pay that of 500 yen.
2 Examination fees which have been paid under the provisions of the preceding paragraph shall not be returned even in cases where the examinees have given up the judicial examination.
(Administration Committee of Judicial Examination)
Article 12. In order to administer matters pertaining to the judicial examination, there shall be established the Administration Commitee of Judicial Examination under the jurisdiction of the Attorney-General.
(Committee Members)
Article 13. The Administration Committee of Judicial Examination shall be composed of three members.
2 The posts of two of committee members shall be filled by the Secretary-General to the Attorney-General and the Secretary-General of the Supreme Court and the other one shall be appointed from among lawyers by the Attorney-General with the recommendation of bar association.
3 The term of office of a committee member who is a lawyer shall be two years and he may be reappointed.
4 Remuneration for a committee member who is a lawyer shall be determined by the Attorney-General after consultation with the Minister of Finance.
(Chairman)
Article 14. The chairman shall be appointed by the Attorney-General in accordance with the result of the mutual election of its members.
2 The chairman shall preside over the affairs of the Administration Committee of Judicial Examination and shall represent such Committee.
3 This Committee shall in advance select from among the members one who shall act as the chairman in cases where he is prevented from discharging his duties.
(Members of Examining Committee of Judicial Examination)
Article 15. The judicial examination shall be executed by examining committee members who shall be appointed by the Attorney-General for each examination with the recommendation of the Administration Committee of Judicial Examination.
2 The number of examining committee members shall not exceed four in regard to one of subjects of examination.
3 Remuneration for examining committee members of the judicial examination shall be determined by the Attorney-General after consultation with the Minister of Finance.
(General Affairs of Committee)
Article 16. The Attorney-General's Secretariat shall be in charge of the general affairs of the Administration Committee of Judicial Examination.
(Regulations of Administration Committee of Judicial Examination)
Article 17. The Administration Committee of Judicial Examination may make the Regulations of the Administration Committee of Judicial Examination as to detailed regulations necessary for executing the judicial examination and matters necessary for discharging its duties.
2 The Regulations of the Administration Committee of Judicial Examination shall be promulgated in the Official Gazette.
Supplementary Provisions:
1. This Law shall come into force as from the day of its promulgation.
2. Only in 1949 the primary examination may be held under the regulations of the primary examination of the higher civil service examination provided for by the former Higher Civil Service Examination Ordinance.
3. Any person who has passed the written examination of the judicial examination of the higher civil service examination held in 1948 shall, at his request, be exempted from the written examination of the judicial examination to be held for the first time under this Law.
4. Any person who has passed the administrative examination of the higher civil service examination (including those who are regarded as those who have passed the secondary examination of the administrative examination under the provisions of the second paragraph of the Supplementary Provisions of the Imperial Ordinance No.1 of 1941) and desires to take the judicial examination shall, notwithstanding the provisions of Art.6, take the examination on the Constitution, either of the Civil Code and the Criminal Code, and either of the Code of Civil Procedure and the Code of Criminal Procedure and shall be exempted from the examination on the other subjects.
5. Any person who has passed the judicial examination of the higher civil service examination shall be regarded as one who has passed the judicial examination held under this Law.
Prime Minister YOSHIDA Shigeru
Minister of Finance IKEDA Hayato
Attorney-General UEDA Shunkichi
Minister of Education TAKASE Sotaro