このページは国際安全衛生センターの2008/03/31以前のページです。

Industrial Safety and Health Law
Law No. 57 of June 8, 1972

Latest Amendments:
Law No. 25 of May 31, 2006

In Japanese

Chapter XII.　Penal Provisions

Article 115-2.
  • (1) When an executive official or personnel of a registered manufacturing inspection, etc.agency, a registered performance inspection agency, a registered individual examination agency, or a registered type examination agency (hereinafter referred to as “specified agency” in this Article) that conducts manufacturing inspection, etc.., performance inspection, individual examination, or type examination (hereinafter referred to as “specified service“ in this Article) accepts, requires or makes a promise of bribes related to the duty, they shall be punished with a penal servitude not exceeding five years. Those who have committed fraud or failed to carry out their duty in relation to the bribes shall be punished with a penal servitude not exceeding seven years.
  • (2) If a person who is to be an executive official or personnel of a special agency that conducts the special service accepts, requires or makes a promise of bribes for some request related to the supposed duty, the person shall be punished with a penal servitude not exceeding five years at the point of time when the person becomes an executive official or personnel of the agency.
  • (3) When a person who was an executive official or personnel of a special agency that conducts the special service accepted, required or made a promise of bribes for some request related to the duty during the person’s time in office, and committed fraud or failed to carry out the person’s duty in relation to the bribes, the person shall be punished with a penal servitude not exceeding five years.
  • (4) The bribes in the preceding three paragraphs, which were received by the criminal person shall be confiscated. If it was unable to confiscate the whole or a part of the bribes, the corresponding amount of money shall be confiscated.
Article 115-3.
  • (1) A person who gave, offered, or made a promise of bribes in paragraph (1) through paragraph (3) of the preceding Article shall be punished with a penal servitude not exceeding three years or with a fine not exceeding 2,500,000 yen.
  • (2) When a person who had committed a crime prescribed in the previous paragraph surrendered oneself to justice, the punishment may be commuted or exempted.
Article 115-4.
  • The cases mentioned in Article 4 of the Penal Code apply to the crime prescribed in paragraph (1) through paragraph (3) of Article 115-2.
Article 116.
  • A person who has violated the provisions of Article 55 shall be punished with a penal servitude not exceeding three years or with a fine not exceeding three million yen.
Article 117.
  • A person who has violated the provisions of paragraph (1) of Article 37, paragraph (1) of Article 44, paragraph (1) of Article 44-2, paragraph (1) of Article 56, paragraph (1) of Article 75-8 (including the case where the same provisions are applied mutatis mutandis in Article 83-3 and Article 85-3), or paragraph (2) of Article 86 shall be punished with a penal servitude not exceeding one year or with a fine not exceeding one million yen.
Article 118.
  • Where there was a violation of the order to suspend the service or business under the provisions of Article 53 (including the case where the same provisions are applied mutatis mutandis in Article 53-3 through Article 54-2 and paragraph (3) of Article 77), paragraph (2) of Article 54-6 or paragraph (2) of Article 75-11 (including the case where the same provisions are applied mutatis mutandis in Article 83-3 and Article 85-3), the executive official or the personnel of the registered manufacturing inspection, etc.., agency, who perpetrated the violation shall be punished with a penal servitude not exceeding one year or with a fine not exceeding one million yen.
Article 119.
  • A person who comes under following items shall be punished with a penal servitude not exceeding six months, or with a fine not exceeding 500,000 yen:
    • (i) A person who violated the provisions of Article 14, Article 20 to Article 25 inclusive, paragraph (1) of Article 25-2, paragraph (1) or (4) of Article 30-3, paragraph (1) of Article 31, Article 31-2, paragraph (1) or (2) of Article 33, Article 34, Article 35, paragraph (1) of Article 38, paragraph (1) of Article 40, Article 42, Article 43, paragraph (6) of Article 44, paragraph (7) of Article 44-2, paragraph (3) or (4) of Article 56, paragraph (5) of Article 57-3, paragraph (5) of Article 57-4, paragraph (3) of Article 59, paragraph (1) of Article 61, paragraph (1) of Article 65, Article 65-4, Article 68, paragraph (5) of Article 89 (including the case in which the same provisions are applied mutatis mutandis in paragraph (2) of Article 89-2), paragraph (2) of Article 97, Article 104, or paragraph (4) of Article 108-2.
    • (ii) A person who has violated the order under the provisions of Article 43-2, paragraph (5) of Article 56, paragraph (7) of Article 88, paragraph (1) of Article 98 or paragraph (1) of Article 99.
    • (iii) A person who has failed to label, as provided for in paragraph (1) of Article 57, or who has made mendacious label or a person who has failed to deliver a document under the provisions of paragraph (2) of the same Article or who has delivered mendacious documents.
    • (iv) A person who has violated the Ordinance of the Ministry of Health, Labor and Welfare under the provisions of paragraph (4) of Article 61.
Article 120.
  • A person who comes under the following items shall be punished with a fine not exceeding 500,000 yen:
    • (i) A person who has violated the provisions of paragraph (1) of Article 10, paragraph (1) of Article 11, paragraph (1) of Article 12, paragraph (1) of Article 13, paragraph (1), (3) or (4) of Article 15, paragraph (1) of Article 15-2, paragraph (1) of Article 16, paragraph (1) of Article 17, paragraph (1) of Article 18, paragraph (2) of Article 25-2 (including the case where the same provisions are applied mutatis mutandis in paragraph (5) of Article 30-3), Article 26, paragraph (1) or (4) of Article 30, paragraph (1) or (4) of Article 30-2, paragraph (1) to paragraph (6) inclusive of Article 32, paragraph (3) of Article 33, paragraph (2) of Article 40, paragraph (5) of Article 44, paragraph (6) of Article 44-2, paragraph (1) or (2) of Article 45, paragraph (1) of Article 59 (including the case in which the same provisions are applied mutatis mutandis in paragraph (2) of the same Article), paragraph (2) of Article 61, paragraph (1) through (3) of Article 66, Article 66-3, Article 66-6, paragraph (3) of Article 87, paragraph (1) of Article 88 (including the case in which the same provisions are applied mutatis mutandis in paragraph (2) of the same Article), or paragraph (3) to paragraph (5) of the same Article, paragraph (1) of Article 101 or paragraph (1) of Article 103.
    • (ii) A person who has violated the order or instruction under the provisions of paragraph (2) of Article 11 (including the case where the same provisions are applied mutatis mutandis in paragraph (2) of Article 12 and paragraph (2) of Article 15-2), paragraph (1) of Article 57-4, paragraph (1) of Article 57-3, paragraph (5) of Article 65, paragraph (4) of Article 66, paragraph (2) of Article 98 or paragraph (2) of Article 99.
    • (iii) A person who has failed to label, as provided for in paragraph (4) of Article 44 or paragraph (5) of Article 44-2, or who has made mendacious label.
    • (iv) A person who has refused, impeded or evaded the entrance, inspection, working environment measurement, collection of samples or medical examination under the provisions of paragraph (1) or (2) of Article 91, paragraph (1) of Article 94 or paragraph (1), (2) or (4) of Article 96 or a person who has refused to reply or made mendacious reply to the questions under the provisions of the said paragraphs.
    • (v) A person who has failed to report, as provided for in paragraph (1) or (3) of Article 100, or made a mendacious report and failed to appear when required.
    • (vi) A person who has neither prepared not kept records, as provided for in paragraph (3) of Article 103, or made a mendacious record.
Article 121.
  • 　Where there was a violation of this Act coming under any of the following items, the executive official or the personnel of the registered manufacturing inspection, etc.., agency and other agencies who perpetrated the violation shall be punished with a fine not exceeding 500,000 yen.
    • (i) Where one has failed to submit a notification, as provided for in Article 49 (including the case where the same provisions are applied mutatis mutandis in Article 53-3 through Article 54-2 and paragraph (3) of Article 77), or has submitted a mendacious notification.
    • (ii) Where the whole service of the examination affairs or the consultant examination affairs or the registration affairs was discontinued without obtaining the permission under Article 75-10 (including the case where the same provisions are applied mutatis mutandis in Article 83-3 and Article 85-3).
    • (iii) Where one has refused, impeded or evaded the entrance or inspection under the provisions of paragraph (3) of Article 96 or has refused to reply or made mendacious reply to the questions under the provisions of said paragraph.
    • (iv) Where one has failed to report, as provided for in paragraph (2) of Article 100, or made mendacious report.
    • (v) Where one has failed to prepare or keep records, as provided for in paragraph (2) of Article 103, or made mendacious records.
Article 122.
  • Where a representative of a juridical person or a deputy hired or other employee of a juridical person or a person has perpetrated in respect to the service of said juridical person or said person a violation stated in Articles 116, 117, 119 or 120, the punishment of a fine stated in each of said Articles shall be imposed on the juridical person or said person in additon to the perpetrator.
Article 123.
  • A person who comes under any of the following items shall be punished by a non-penal fine not exceeding 200,000 yen:
    • (i)Those who failed to prepare the financial statements, etc., failed to record necessary items or made mendacious records contravening the provisions of paragraph (1) of Article 50 (including the case where the same provisions are applied mutatis mutandis in Article 53-3 through Article 54-2 and paragraph (3) of Article 77), or those who refused the request prescribed in paragraph (2) of article 50 (including the case where the same provisions are applied mutatis mutandis in Article 53-3 through Article 54-2 and paragraph (3) of Article 77) without justifiable causes.
    • (ii) In the case that the institute has contravened the order based on the provision of Article 96-3, the executive official who has committed the infraction.
このページの先頭へこのページの先頭へ