ギター弾きの「行政書士開業準備中」

こんにちはギター弾きです。行政書士法について書く書くといいながら、なかなかまとまった時間が取れずに。書けませんでした。
現在、抱えている案件のうちの二件が、経験の浅い僕には結構大変で（離婚と相続）、わりと一日中仕事しております。

以前の記事で、完全独立の時期を書いていましたが、正直それを早めるべきか悩み中です。
兼業だと行政書士の実務時間がとりにくいですし、完全独立すると、もし依頼が途絶えたらスグに干上がってしまいますしねえ・・。先日、書士会の懇談会で毎月毎月大量に廃業する新人の話を聞かされましたが、そのほとんどが仕事が取れずに干上がっていくパターンのようです。
毎月2～3件こなしてるだけの僕でも、新人の中では仕事とっている方らしいです。

さて、前回は「継続型サービス」と「単発型サービス」の違いについて触れましたが
今回は具体的に行政書士資格で行える業務の線引きを他士業資格を交えながら書いてみます（かなりの長文ですよ）。


役に立ったと思われた方はポチお願いします。

分析其ノ一、「官公署に関する書類」の作成とその提出代理、相談業務」

これは基本業務です。飲食店や風俗営業の営業許可や古物商営業許可など幅広い業務がありますので、すべてについて触れることはできません。
また、行政書士試験は行政法が非常に多く出題され行政手続法も詳しくやりますので、馴染みの深い業務ですね。

ここで問題となるのは、官公署の概念ではないでしょうか？
まず、一般論として「官公署」とはすべての行政機関を指し、さらには広く立法機関や司法機関も含まれるとされます。
ただし行政書士が業として扱う場合は行政書士法第１条の２、２項「業務を行うことが他の法律において制限されているものについては、業務を行うことができない」により例えば税務署に提出する書類や法務局、裁判所などに提出する書類は原則、作成・提出することができません。

・司法書士との関係
裁判所・法務局・検察庁に提出する書類の作成、提出、相談　→　原則、司法書士の独占業務
例外：検察審査会に提出する書類や、執行官に提出する書類は裁判所内にいる行政庁という解釈の元、司法書士および行政書士の共管業務とされている（弁護士は当然可能）
また、商業登記について、定款の作成に関係してできるという解釈をする行政書士がいたがこれは不可能。司法書士の独占業務です。場合によっては公認会計士が成し得ますが・・。

さらに行政書士の相談業務は行政書士が作成できる書類に関するものに限定されるため、上記例外を除く裁判所、法務局、税務署に関する書類の相談にものれない（離婚調停や供託など、ドラマで行政書士が行っているアドバイスはグレー）

逆に警察署に提出する告訴状については、原則行政書士のみしかおこなえない（弁護士は当然可能）。

実務的には・・・「検察庁に告訴する際のサポートを行政書士が成し得る」「警察に告訴する際のサポートを司法書士が成し得る」という解釈が有力。

・社会保険労務士との関係
労働及び社会保険に関する法令に基づく帳簿書類の作成、提出　→　原則、社会保険労務士の独占業務

これを反対解釈すれば、従業員10名未満の従業員の会社の就業規則は作成義務がないため（労働基準法第89条）、これを作成することは「労働及び社会保険に関する法令に基づく帳簿書類の作成」にあたらず、行政書士が第１条の２「権利義務に関する書類」として作成しうるという考え方があります（追記：これについては社労士会の照会に対する2012年12月、厚生労働省労働基準局監督課長の回答において否定されました）。

なお、社会保険労務士法第2条　3項に規定される相談業務（コンサル）に関しては独占業務ではないため、行政書士がおこなっても問題はない。
さらに、給与計算についても独占業務ではないため行政書士が行ないうる（実際にやる人はいないと思いますが）。

また、労働基準監督署に対する告訴状の提出は行政書士の独占業務（弁護士は当然可能）

実務的には・・・「労働基準監督署に告訴する際のサポートを社会保険労務士が成し得る」という解釈が有力。

・税理士との関係
税務官公署に提出する書類の作成、提出、相談　→　すべて税理士の独占業務

税理士法における独占業務は「無償独占」であり、相談ですら報酬を得る、得ないを問わず一切することができない。
※一般的、抽象的な具体例を示しながら、解説することは可能（講義やネット上、書籍による解説）。

・弁理士との関係

特許、実用新案、意匠、商標、国際出願などの提出書類作成、代理　→　弁理士の独占業務

著作権の登録申請は文化庁という官公署に提出する書類であるため、行政書士の業務。
また、種苗法に基づく品種登録や半導体集積回路配置利用権登録も行政書士の業務。


以上、今回は「官公署に関する書類」を取り上げました。非常にややこしいですが、これから開業される方や、すでに開業しているけど、なんとなくで区分けしていた方は再度チェックしてみてください。

尚、個人的には「種苗法に基づく品種登録」や「産業廃棄物収集運搬業の許可」「再生事業者登録」あたりがこれからの時勢的に非常に将来性を感じ、利益爆発となりえる業務かと思っております（すべてエコ絡み）。僕はまったくアドバンテージがないのでやる予定はありませんが・・・。


役に立ったと思われた方はポチお願いします。

はじめまして。

>>先日、書士会の懇談会で毎月毎月大量に廃業する新人の話を聞かされましたが、そのほとんどが仕事が取れずに干上がっていくパターンのようです。

興味深いお話ですね。

やはり開業前から「営業チャネル」をしっかり固めておかないと、早々に退場という状況になってしまうのですね・・

＞拓郎さん
そのようですね～。まー、僕もマダマダなので人の心配もしていられない立場なのですが、確かに昨年開業したほかの同業の方らはあまり実務をしている話を聞きません（汗）

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