2566-3-สุพิชญา มูสิกะศิริ-วิทยานิพนธ์

118 อำนาจสำหรับองค์การทางศาสนา คือ ผู้ว่าราชการจังหวัดที่มีเขตอำนาจเหนือสถานที่ตั้งของ สำนักงานใหญ่ตามมาตรา 5 ) 35 (japanese law translation, 2011) 35 Religious Corporations Act 1951 Article 14 (1)When the competent authority receives an application for certification prescribed in the provisions of the preceding Article, the authority must, after giving notice thereof to the applicant in writing indicating the date of receipt, examine whether or not the case pertaining to the application satisfies the following requirements, and if the authority finds that the case satisfies those requirements, the authority must issue a decision to certify the articles of incorporation, whereas if the authority finds that the case fails to satisfy those requirements or if the authority is unable to confirm whether or not the case satisfies those requirements based on the contents of the articles of incorporation received and the documents attached thereto, the authority must issue a decision to the effect that authority cannot certify the articles of incorporation: (i)that the relevant organization is a religious organization; (ii)that the relevant articles of incorporation conform to the provisions of this Act and other laws and regulations; and (iii)that the incorporation procedure is carried out in accordance with the provisions of Article 12. (2)When the competent authority intends to issue a decision to the effect that the authority cannot certify the articles of incorporation pursuant to the provisions of the preceding paragraph, the authority must give the applicant an opportunity to state in advance their opinions themselves or through an agent within a reasonable period of time. (3)In the case referred to in paragraph (1), if the competent authority is the Minister of Education, Culture, Sports, Science and Technology, the competent authority must, when intending to issue a decision to the effect that the authority cannot certify the articles of incorporation pursuant to the provisions of the said paragraph, consult in advance the Religious Corporations Council and hear its opinions. (4)When the competent authority receives an application for certification pursuant to the provisions of the preceding Article, the authority must issue a decision concerning certification pursuant to the provisions of paragraph (1) within three months from the date of receipt of the relevant application, whereas if the authority issues a decision to certify, the authority must deliver to the applicant a certificate and a copy of the articles of incorporation on which it is indicated that they have been certified, and if the authority intends to issues a decision to the effect that the authority cannot certify, the authority must give notice thereof to the applicant in writing indicating the reasons.