Policies of Open Court, Oral Proceedings, Inquiry by Evidence and Free Impression are employed in the inquiry. And the independent authority of the judge is recognized.
The inquiry court examines the possible causes of the accident, considering the aforementioned factors, to clarify its cause by pronouncing a judgment.
If the accident is ascribed to intent or negligent acts by examinees, the judgment will subject the examinees to disciplinary punishment. If the accident is ascribed to a cause related to designated persons concerned in the marine accident, the judgment will subject these persons to recommendations. There are three types of disciplinary punishments: revocation of marine technician or pilot's license, suspension from duty for not less than one month and not more than three years, and reprimand.
(3) Application for second instance and suit against the judgment
If examinees or other relevant persons are not satisfied with the judgment pronounced by the Local Marine Accidents Inquiry Agency, they may make an application for inquiry in the second instance, within seven days of the day of the pronouncement, to the High Marine Accidents Inquiry Agency. Cases brought up for review are subjected to inquiry by a collegiate body of five judges (in a complicated case where it is particularly difficult to identify its causes, two persons of learning and experience in the field in question may also be present as commissioned judges) using the same inquiry procedures as the Local Marine Accidents Inquiry Agency.
A suit against the judgment pronounced by the High Marine Accidents Inquiry Agency may be filed with the Tokyo High Court within 30 days of the pronouncement.
(4) Execution of judgment
The judgment pronounced by a Local Marine Accidents Inquiry Agency becomes final within seven days of pronouncement if no application for the second instance is made. When the judgment orders disciplinary punishment against an examinee, such punishments are implemented immediately by the commissioner. Revocation of a license and suspension from duty are implemented by having the examinee submit his certificate. In the case of license revocation, the examinee's certificate is sent to the Minister of Transport, while in the case of a suspension from duty, the certificate is returned to the holder after the expiration of the terms of suspension. If the examinee refuses to submit his certificate, the commissioner will pronounce such certificate null and void, and make a notification to that effect in the official gazette.
Should the inquiry court's judgment call for a recommendation against a designated person concerned in a marine accident, the presiding judge will prepare a written recommendation and hand it over to the commissioner, who delivers it to the designated person concerned and has the full text or a summary of the text published in a newspaper or official gazette. Although the person who has received a recommendation is expected to take necessary steps in line with the recommendation's intent, he may submit a written excuse to the commissioner within a month of pronouncement and request that it be announced publicly.
