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Administrative Case Litigation Act - Act No. 109 of 2007

Administrative Case Litigation Act

(Act No. 139 of May 16, 1962)

Chapter I General Provisions (Articles 1 to 7)
Chapter II Actions for the Judicial Review of Administrative Dispositions
Section 1 Actions for the Revocation of Administrative Dispositions (Articles
8 to 35)
Section 2 Other Actions for the Judicial Review of Administrative
Dispositions (Articles 36 to 38)
Chapter III Public Law-Related Actions (Articles 39 to 41)
Chapter IV Citizen Actions and Interagency Actions (Articles 42 and 43) Chapter V Auxiliary Provisions (Articles 44 to 46)
Supplementary Provisions
Chapter I General Provisions
(Purpose of This Act)
Article 1 Administrative case litigation shall be governed by the provisions of this Act, except as otherwise provided for in other Acts.
(Administrative Case Litigation)
Article 2 The term "administrative case litigation" as used in this Act means
actions for the judicial review of administrative dispositions, public law-related actions, citizen actions and interagency actions.
(Actions for the Judicial Review of Administrative Dispositions)
Article 3 (1) The term "action for the judicial review of an administrative
disposition" as used in this Act means an action to appeal against the exercise of public authority by an administrative agency.
(2) The term "action for the revocation of the original administrative disposition" as used in this Act means an action seeking the revocation of an original
administrative disposition and any other act constituting the exercise of public
authority by an administrative agency (excluding an administrative disposition on appeal, decision or any other act prescribed in the following paragraph;
hereinafter simply referred to as an "original administrative disposition").
(3) The term "action for the revocation of an administrative disposition on appeal" as used in this Act means an action for the revocation of an
administrative disposition on appeal, decision or any other act by an
administrative agency in response to a request for an administrative review,
objection and any other appeal (hereinafter simply referred to as a "request for an administrative review") (hereinafter simply referred to as an
"administrative disposition on appeal").
(4) The term "action for the declaration of nullity, etc." as used in this Act means an action seeking the declaration of the existence or non-existence of or
validity or invalidity of an original administrative disposition or
administrative disposition on appeal.
(5) The term "action for the declaration of illegality of inaction" as used in this Act means an action seeking the declaration of illegality of an administrative agency's failure to make an original administrative disposition or an
administrative disposition on appeal which it should make within a reasonable period of time in response to an application filed under laws and regulations.
(6) The term "mandamus action" as used in this Act means an action seeking an order to the effect that an administrative agency should make an original
administrative disposition or an administrative disposition on appeal in the
following cases:
(i) where the administrative agency has not made a certain original
administrative disposition which it should make (excluding the case set forth in the following item);
(ii) where an application or request for administrative review has been filed or made under laws and regulations to request that the administrative agency make a certain original administrative disposition or administrative
disposition on appeal, but the administrative agency has not made the
original administrative disposition or administrative disposition on appeal which it should make.
(7) The term "action for an injunctive order" as used in this Act means an action seeking an order, in cases where an administrative agency is about to make a certain original administrative disposition or administrative disposition on
appeal which it should not make, to the effect that the administrative agency should not make the original administrative disposition or administrative
disposition on appeal.
(Public Law-Related Actions)
Article 4 The term "public law-related action" as used in this Act means an action relating to an original administrative disposition or administrative disposition on appeal that confirms or creates a legal relationship between parties, wherein either party to the legal relationship shall stand as a
defendant pursuant to the provisions of laws and regulations, an action for a declaratory judgment on a legal relationship under public law and any other action relating to a legal relationship under public law.
(Citizen Actions)
Article 5 The term "citizen action" as used in this Act means an action seeking correction of an act conducted by an agency of the State or of a public entity which does not conform to laws, regulations, and rules, which is filed by a
person based on his/her status as a voter or any other status that is irrelevant to his/her legal interest.
(Interagency Actions)
Article 6 The term "interagency action" as used in this Act means an action
relating to a dispute between agencies of the State and/or a public entity(ies)
over issues concerning which of these agencies has the authority, or the exercise thereof.
(Matters Not Provided for in This Act)
Article 7 Any matters concerning administrative case litigation which are not provided for in this Act shall be governed by the provisions on civil actions.
Chapter II Actions for the Judicial Review of Administrative Dispositions
Section 1 Actions for the Revocation of Administrative Dispositions
(Relationship between an Action for the Revocation of the Original
Administrative Disposition and a Request for an Administrative Review)
Article 8 (1) Even where a request for an administrative review of the original
administrative disposition may be made pursuant to the provisions of laws and regulations, this shall not preclude the immediate filing of an action for the
revocation of the original administrative disposition; provided, however, that this shall not apply if there is a provision in any Act that no action for the
revocation of an original administrative disposition may be filed until an administrative disposition on appeal is made in response to a request for an administrative review of the original administrative disposition.
(2) Even in the case referred to in the proviso to the preceding paragraph, if the
case falls under any of the following items, an action for the revocation of the original administrative disposition may be filed without obtaining an administrative disposition on appeal:
(i) where no administrative disposition on appeal is made after a period of three months has elapsed from the day on which the request for an
administrative review was made;
(ii) where there is an urgent necessity in order to avoid any considerable
damage that would be caused by the original administrative disposition, the execution of the original administrative disposition or the continuation of any subsequent procedure; or
(iii) where there are other justifiable grounds not to obtain an administrative disposition on appeal.
(3) In the case referred to in the main clause of paragraph (1), if a request for an administrative review of the original administrative disposition has already
been made, the court may suspend court proceedings until an administrative disposition on appeal is made in response to the request for the administrative review (in cases where no administrative disposition on appeal is made after a period of three months has elapsed from the day on which the request for the
administrative review was made, until said period expires).
(Standing to Sue)
Article 9 (1) An action for the revocation of an original administrative
disposition and an action for the revocation of an administrative disposition on appeal (hereinafter referred to as "actions for the revocation of administrative dispositions") may be filed only by a person who has legal interest to seek the revocation of the original administrative disposition or of the administrative
disposition on appeal (including a person who has legal interest to be recovered by revoking the original administrative disposition or administrative
disposition on appeal even after it has lost its effect due to the expiration of a certain period or for other reasons).
(2) When judging whether or not any person, other than the person to whom an
original administrative disposition or administrative disposition on appeal is addressed, has the legal interest prescribed in the preceding paragraph, the court shall not rely only on the language of the provisions of the laws and
regulations which give a basis for the original administrative disposition or
administrative disposition on appeal, but shall consider the purposes and
objectives of the laws and regulations as well as the content and nature of the interest that should be taken into consideration in making the original administrative disposition. In this case, when considering the purposes and
objectives of said laws and regulations, the court shall take into consideration
the purposes and objectives of any related laws and regulations which share
the objective in common with said laws and regulations, and when considering the content and nature of said interest, the court shall take into consideration the content and nature of the interest that would be harmed if the original
administrative disposition or administrative disposition on appeal were made in violation of the laws and regulations which give a basis therefor, as well as in what manner and to what extent such interest would be harmed.
(Restriction on Grounds for Revocation)
Article 10 (1) In an action for the revocation of an administrative disposition, the plaintiff may not seek revocation on the grounds of breach of law which is
irrelevant to his/her legal interest.
(2) Where both an action for the revocation of the original administrative
disposition and an action for the revocation of an administrative disposition on appeal that has dismissed a request for an administrative review of the
original administrative disposition may be filed, it shall not be allowed to seek the revocation of the original administrative disposition on the grounds of
illegality thereof in an action for the revocation of an administrative disposition on appeal.
(Standing to Be Sued, etc.)
Article 11 (1) Where an administrative agency that has made an original
administrative disposition or administrative disposition on appeal (in cases where the authority of the administrative agency that made the original
administrative disposition or administrative disposition on appeal has later
been succeeded to by another administrative agency, such other administrative agency; the same shall apply hereinafter) is affiliated with the State or a public entity, any action for the revocation of said administrative disposition shall be filed against the person specified in each of the following items according to the categories of actions listed in the respective items:
(i) an action for the revocation of the original administrative disposition: the State or public entity with which the administrative agency that has made the original administrative disposition is affiliated; or
(ii) an action for the revocation of an administrative disposition on appeal: the
State or public entity with which the administrative agency that has made the administrative disposition on appeal is affiliated.
(2) Where an administrative agency that has made the original administrative disposition or administrative disposition on appeal is not affiliated with the
State or any public entity, any action for the revocation of said administrative disposition shall be filed against the administrative agency itself.
(3) Where neither the State nor any public entity or administrative agency can be
identified as the party to be sued under the provisions of the preceding two
paragraphs, any action for the revocation of an administrative disposition shall be filed against the State or public entity in which the affairs pertaining to the original administrative disposition or administrative disposition on appeal are
vested.
(4) When filing an action for the revocation of an administrative disposition
against the State or a public entity pursuant to the provisions of paragraph (1)
or the preceding paragraph, the administrative agency specified in each of the following items according to the categories of actions listed in the respective
items shall be stated in a complaint, in addition to the matters to be stated under the provisions on civil actions:
(i) an action for the revocation of the original administrative disposition: the
administrative agency that has made the original administrative disposition;
or
(ii) an action for the revocation of an administrative disposition on appeal: the administrative agency that has made the administrative disposition on
appeal.
(5) Where an action for the revocation of an administrative disposition is filed
against the State or a public entity pursuant to the provisions of paragraph (1)
or paragraph (3), the defendant shall clearly indicate to the court, without delay, the administrative agency specified in each of the following items
according to the categories of actions listed in the respective items. (6) An administrative agency that has made an original administrative
disposition or administrative disposition on appeal shall have the power to conduct any and all acts in court in an action filed against the State or the
public entity under the provision of paragraph (1) with regard to the original
administrative disposition or administrative disposition on appeal.
(Jurisdiction)
Article 12 (1) An action for the revocation of an administrative disposition shall be subject to the jurisdiction of the court that has jurisdiction over the location of the general venue of the defendant or the court that has jurisdiction over the location of the administrative agency that has made the original
administrative disposition or administrative disposition on appeal.
(2) An action for the revocation of an administrative disposition pertaining to expropriation of land or establishment of a mining right or any other original administrative disposition or administrative disposition on appeal pertaining to real property or a particular place may also be filed with the court that has jurisdiction over the location of the real property or place.
(3) An action for the revocation of an administrative disposition may also be filed with the court that has jurisdiction over the location of the lower
administrative agency that has handled the case regarding the original administrative disposition or administrative disposition on appeal.
(4) An action for the revocation of an administrative disposition against the State
or an independent administrative agency prescribed in Article 2, paragraph (1)
of the Act on General Rules for Independent Administrative Agency (Act No.
103 of 1999) or any of the juridical persons listed in the appended table may
also be filed with the district court that has jurisdiction over the location of the high court that has jurisdiction over the location of the plaintiff's general
venue (hereinafter referred to as a "specified court with jurisdiction" in the
following paragraph).
(5) Where an action for the revocation of an administrative disposition set forth
in the preceding paragraph is filed with a specified court with jurisdiction
pursuant to the provision of said paragraph while an action for the judicial
review of an administrative disposition is pending at another court with regard to another original administrative disposition or administrative disposition on
appeal that was made based on the same factual or statutory cause as that of the former, the specified court with jurisdiction may, upon petition or by its
own authority, transfer the whole or part of the action to such other court or any of the courts specified in paragraph (1) to paragraph (3), when it finds it appropriate while taking into consideration the address or location of each
party, the address of each witness to be examined, the points at issue or
evidence common to both cases, and other circumstances concerned.
(Transfer of Action Pertaining to Related Claim)
Article 13 Where an action for the revocation of an administrative disposition and an action pertaining to a claim that falls under any of the following items
(hereinafter referred to as a "related claim") are pending before different courts, the court before which the action pertaining to a related claim is pending may,
upon petition or by its own authority, transfer the action to the other court
before which the action for the revocation of the administrative disposition is pending, when it finds it appropriate; provided, however, that this shall not apply where either the action for the revocation of the administrative
disposition or the action pertaining to a related claim is pending before a high
court:
(i) a claim for restoration or damages related to said original administrative disposition or administrative disposition on appeal;
(ii) a claim for the revocation of another original administrative disposition which forms a single procedure together with said original administrative disposition;
(iii) a claim for the revocation of an administrative disposition on appeal pertaining to said original administrative disposition;
(iv) a claim for the revocation of an original administrative disposition pertaining to said administrative disposition on appeal;
(v) another claim to seek the revocation of said original administrative
disposition or administrative disposition on appeal; or
(vi) any other claim related to the claim for the revocation of said original administrative disposition or administrative disposition on appeal.
(Statute of Limitations for Filing an Action)
Article 14 (1) No action for the revocation of an administrative disposition may be filed when a period of six months has elapsed from the day on which the person who seeks revocation became aware of the fact that the original
administrative disposition or administrative disposition on appeal was made;
provided, however, that this shall not apply if there are justifiable grounds for failing to meet such time limit.
(2) No action for the revocation of an administrative disposition may be filed when a period of one year has elapsed from the date of the original
administrative disposition or administrative disposition on appeal; provided,
however, that this shall not apply if there are justifiable grounds for failing to meet such time limit.
(3) If a request for administrative review is made with regard to an original
administrative disposition or administrative disposition on appeal in cases where a request for administrative review may be made or where an
administrative agency has mistakenly informed that a request for
administrative review may be made, the person who has made the request, notwithstanding the provisions of the preceding two paragraphs, may not file an action for the revocation of an administrative disposition when a period of
six months has elapsed from the day on which the person became aware of the
fact that an administrative disposition on appeal was made in response to his/her request for an administrative review or when a period of one year has elapsed from the date of the administrative disposition on appeal; provided,
however, that this shall not apply if there are justifiable grounds for failing to meet such time limit.
(Remedy for Action Against Wrong Defendant)
Article 15 (1) When a plaintiff has, unintentionally or without gross negligence, sued a wrong person in an action for the revocation of an administrative
disposition, the court may, upon the petition of the plaintiff, by an order, permit the plaintiff to change the defendant.
(2) An order set forth in the preceding paragraph shall be made by means of a document, and the authenticated copy thereof shall be served upon a new defendant.
(3) When an order set forth in paragraph (1) is made, it shall be deemed, with
regard to compliance with the statute of limitations, that an action against a new defendant was filed at the time of the filing of the initial action.
(4) When an order set forth in paragraph (1) is made, it shall be deemed that the action against the initial defendant has been withdrawn.
(5) No appeal may be entered against an order set forth in paragraph (1).
(6) An immediate appeal may be filed against an order to dismiss without prejudice a petition set forth in paragraph (1).
(7) When an appellate court has made an order set forth in paragraph (1), the
court shall transfer the action to the court with jurisdiction.
(Objective Joinder of Claims)
Article 16 (1) An action for the revocation of an administrative disposition may be joined with an action pertaining to a related claim.
(2) In the case of the joinder of actions under the provision of the preceding
paragraph, if the court of first instance of the action for the revocation of an
administrative disposition is a high court, it shall be required to obtain consent from the defendant in the action pertaining to a related claim. If the defendant has presented oral arguments on the merits or made statements in preparatory proceedings without making any objection, he/she shall be deemed to have
consented to the joinder of actions.
(Joint Action)
Article 17 (1) Two or more persons may sue or be sued as co-parties only in cases where claims made by or against those persons are a claim for the revocation of an original administrative disposition or administrative disposition on appeal and its related claim.
(2) In the case referred to in the preceding paragraph, the provision of paragraph
(2) of the preceding Article shall apply mutatis mutandis.
(Joinder of Additional Claim by Third Party)
Article 18 A third party, until the conclusion of the oral argument of an action for the revocation of an administrative disposition, may file an additional
action pertaining to a related claim against either of the parties to the action for revocation, by joining these actions. In this case, if the action for the
revocation of said administrative disposition is pending before a high court, the provision of Article 16, paragraph (2) shall apply mutatis mutandis.
(Joinder of Additional Claim by Plaintiff)
Article 19 (1) A plaintiff, until the conclusion of the oral argument of an action for the revocation of an administrative disposition, may file an additional
action pertaining to a related claim, by joining these actions. In this case, if the action for the revocation of said administrative disposition is pending before a
high court, the provision of Article 16, paragraph (2) shall apply mutatis
mutandis.
(2) The provision of the preceding paragraph shall not preclude an action for the revocation of an administrative disposition from being governed by the
provisions of the Code of Civil Procedure (Act No. 109 of 1996).
Article 20 When filing an action for the revocation of the original administrative disposition by joining it, pursuant to the provision of the first sentence of
paragraph (1) of the preceding Article, with an action for the revocation of an
administrative disposition on appeal that has dismissed a request for an
administrative review of the original administrative disposition, it shall not be required to obtain consent from the defendant in the action for the revocation
of the original administrative disposition, notwithstanding the provision of
Article 16, paragraph (2) as applied mutatis mutandis pursuant to the second sentence of paragraph (1) of the preceding Article, and when an action for the revocation of the original administrative disposition is thus filed, it shall be
deemed, with regard to compliance with the statute of limitations, to have been filed at the time of the filing of the action for the revocation of an
administrative disposition on appeal.
(Amendment of a Claim to a Claim Against the State or Public Entity)
Article 21 (1) When the court finds it appropriate to amend the claim that is
subject matter of an action for the revocation of an administrative disposition, to a claim for damages or any other claim against the State or a public entity in which the affairs pertaining to the original administrative disposition or
administrative disposition on appeal are vested, the court may, until the
conclusion of the oral argument, upon the petition of the plaintiff, by an order, permit such amendment of the claim, unless there is any change to the basis
for the claim.
(2) The provision of Article 15, paragraph (2) shall apply mutatis mutandis to an order set forth in the preceding paragraph.
(3) The court, when making an order to permit amendment of a claim pursuant to the provision of paragraph (1), shall hear opinions in advance from the parties
and the defendant in an action pertaining to a claim for damages or any other claim.
(4) An immediate appeal may be filed against an order to permit amendment of a
claim.
(5) No appeal may be entered against an order not to permit amendment of a claim.
(Intervention by Third Party)
Article 22 (1) If the outcome of an action would prejudice a right of any third
party, the court may, upon the petition of a party or the third party or by its own authority, by an order, have the third party intervene in the action.
(2) The court, when making an order set forth in the preceding paragraph, shall
hear opinions in advance from the parties and the third party.
(3) A third party who has filed a petition set forth in paragraph (1) may file an immediate appeal against an order to dismiss the petition without prejudice.
(4) The provisions of Article 40, paragraph (1) to paragraph (3) of the Code of
Civil Procedure shall apply mutatis mutandis to a third party who has
intervened in an action pursuant to the provision of paragraph (1).
(5) Where a third party has filed a petition for intervention pursuant to the provision of paragraph (1), the provisions of Article 45, paragraph (3) and
paragraph (4) of the Code of Civil Procedure shall apply mutatis mutandis.
(Intervention by Administrative Agency)
Article 23 (1) When the court finds it necessary to have an administrative
agency other than the one that has made an original administrative disposition or administrative disposition on appeal intervene in an action, the court may,
upon the petition of a party or such other administrative agency or by the
court's own authority, by an order, have the administrative agency intervene in the action.
(2) The court, when making an order set forth in the preceding paragraph, shall hear opinions in advance from the parties and the administrative agency.
(3) The provisions of Article 45, paragraph (1) and paragraph (2) of the Code of
Civil Procedure shall apply mutatis mutandis to an administrative agency
which has intervened in an action pursuant to the provision of paragraph (1).
(Special Provisions on Disposition for Explanation)
Article 23-2 (1) The court, when it finds it necessary in order to clarify the matters related to the action, may make the following dispositions:
(i) request any administrative agency affiliated with the State or the public
entity that stands as a defendant, or the administrative agency that stands as a defendant, to submit the whole or part of the materials that clarify the content of the original administrative disposition or administrative
disposition on appeal, the provisions of the laws and regulations which give a basis for the original administrative disposition or administrative disposition on appeal, the facts constituting the cause of the original administrative
disposition or administrative disposition on appeal and other grounds for the original administrative disposition or administrative disposition on appeal
(excluding the records of a case of request for an administrative review
prescribed in the following paragraph), which are held by the administrative agency; and
(ii) commission any administrative agency other than those prescribed in the preceding item to send the whole or part of the materials prescribed in said item, which are held by the administrative agency.
(2) When an action for the revocation of an administrative disposition is filed
after an administrative disposition on appeal is made in response to a request for administrative review of an original administrative disposition, the court may make the following dispositions:
(i) request any administrative agency affiliated with the State or the public
entity that stands as a defendant, or the administrative agency that stands as a defendant, to submit the whole or part of the records of the case of the request for administrative review, which are held by the administrative
agency; and
(ii) commission any administrative agency other than those prescribed in the
preceding item to send the whole or part of the records of the case prescribed in said item, which are held by the administrative agency.
(Examination of Evidence by the Court's Own Authority)
Article 24 The court, when it finds it necessary, may examine evidence by its
own authority; provided, however, that the court shall hear opinions from the parties with regard to the results of the examination of evidence.
(Stay of Execution)
Article 25 (1) The filing of an action for the revocation of the original
administrative disposition shall not preclude the effect of the original
administrative disposition, the execution of the original administrative disposition or the continuation of any subsequent procedure.
(2) Where an action for the revocation of the original administrative disposition is filed, if there is an urgent necessity in order to avoid any serious damage
that would be caused by the original administrative disposition, the execution
of the original administrative disposition or the continuation of any subsequent procedure, the court may, upon petition, by an order, stay the whole or part of
the effect of the original administrative disposition, the execution of the
original administrative disposition or the continuation of any subsequent
procedure (hereinafter referred to as "stay of execution"); provided, however,
that the court may not stay the effect of an original administrative disposition if the purpose can be achieved by staying the execution of the original
administrative disposition or staying the continuation of any subsequent procedure.
(3) When judging whether or not any serious damage would be caused as prescribed in the preceding paragraph, the court shall consider the degree of difficulty in recovering from the damage and shall take into consideration the nature and extent of the damage as well as the content and nature of the
original administrative disposition.
(4) Stay of execution shall not be allowed when it is likely to seriously affect public welfare or when the action on the merits seems groundless.
(5) An order set forth in paragraph (2) shall be made based on a prima facie showing.
(6) An order set forth in paragraph (2) may be made without oral argument;
provided, however, that the court shall hear opinions in advance from the
parties before making the order.
(7) An immediate appeal may be filed against an order on a petition set forth in paragraph (2).
(8) An immediate appeal against an order set forth in paragraph (2) shall not have the effect of staying the execution of the order.
(Revocation of Stay of Execution by reason of Change in Circumstances)
Article 26 (1) If, after an order of stay of execution has become final and binding, the reasons for stay of execution have ceased to exist or the circumstances have otherwise changed, the court may, upon the petition of the party subject to stay of execution, by an order, revoke the order of stay of execution.
(2) The provisions of paragraph (5) to paragraph (8) of the preceding Article shall
apply mutatis mutandis to an order on a petition set forth in the preceding paragraph and any appeal against such order.
(Objection by the Prime Minister)
Article 27 (1) Where a petition set forth in Article 25, paragraph (2) is filed, the
Prime Minister may make an objection to the petition to the court. An objection may also be made after an order of stay of execution is made.
(2) An objection set forth in the preceding paragraph shall be accompanied by the reasons therefor.
(3) As the reasons for an objection set forth in the preceding paragraph, the
Prime Minister shall explain the circumstances where public welfare is likely to be seriously affected unless the effect of the original administrative
disposition is maintained, the original administrative disposition is executed or any subsequent procedure is continued.
(4) When an objection set forth in paragraph (1) is made, the court may not order
stay of execution, and if the court has already made an order of stay of execution, it shall revoke the order.
(5) An objection set forth in the second sentence of paragraph (1) shall be made to
the court that has made the order of stay of execution; provided, however, that when an appeal against the order is pending before a court in charge of the
appeal, such objection shall be made to the court of in charge of the appeal.
(6) Except where it is unavoidable, the Prime Minister may not make an
objection set forth in paragraph (1), and if the Prime Minister has made an objection, he/she shall report it to the Diet at the next ordinary session.
(Court with Jurisdiction over Stay of Execution, etc.)
Article 28 The court with jurisdiction over a petition for a stay of execution or for the revocation of an order of stay of execution shall be the court before
which the action on the merits is pending.
(Application Mutatis Mutandis of Provisions on Stay of Execution)
Article 29 The provisions of the preceding four Articles shall apply mutatis
mutandis to the matters concerning stay of execution in cases where an action for the revocation of an administrative disposition on appeal is filed.
(Revocation of Discretionary Disposition)
Article 30 The court may revoke an original administrative disposition made by an administrative agency at its discretion only in cases where the disposition
has been made beyond the bounds of the agency's discretionary power or through an abuse of such power.
(Dismissal of Claim by reason of Special Circumstances)
Article 31 (1) In an action for the revocation of an administrative disposition, the court may dismiss a claim with prejudice on the merits in cases where the
original administrative disposition or administrative disposition on appeal is illegal but the revocation thereof is likely to seriously affect public welfare, if the court, having considered the extent of any possible damage to be suffered by the plaintiff, the extent and method of compensation for or prevention of
such damage and all other circumstances concerned, finds that the revocation of the original administrative disposition or administrative disposition on
appeal is not in line with public welfare. In this case, the court shall declare the illegality of the original administrative disposition or administrative
disposition on appeal in the main text of the judgment of dismissal.
(2) The court, when it finds it appropriate, may declare the illegality of an
original administrative disposition or administrative disposition on appeal by a judgment before making a final judgment.
(3) The court may cite a judgment set forth in the preceding paragraph when stating the facts and reasons in a final judgment.
(Effect of Judgment of Revocation, etc.)
Article 32 (1) A judgment to revoke an original administrative disposition or
administrative disposition on appeal may also be effective against a third party. (2) The provision of the preceding paragraph shall apply mutatis mutandis to an
order of stay of execution or an order to revoke an order of stay of execution.
Article 33 (1) A judgment to revoke an original administrative disposition or administrative disposition on appeal shall be binding on the administrative
agency that has made the original administrative disposition or administrative
disposition on appeal and any other relevant administrative agency with regard to the case.
(2) When a judgment is made to revoke an original administrative disposition that has dismissed an application with or without prejudice or to revoke an administrative disposition on appeal that has dismissed a request for
administrative review with or without prejudice, the administrative agency that has made the original administrative disposition or administrative
disposition on appeal shall, according to the purport of the judgment, make
another original administrative disposition on the application or another administrative disposition on appeal on the request for administrative review.
(3) The provision of the preceding paragraph shall apply mutatis mutandis where
an original administrative disposition made based on an application or an administrative disposition on appeal upholding a request for administrative review is revoked by a judgment by reason of an illegal procedural defect.
(4) The provision of paragraph (1) shall apply mutatis mutandis to an order of
stay of execution.
(Action for Retrial by Third Party)
Article 34 (1) Where a third party whose right is prejudiced by a judgment to revoke an original administrative disposition or administrative disposition on
appeal has failed to intervene in the action due to any grounds not attributable to him/herself and therefore failed to advance any allegation or evidence that
should have affected a judgment, he/she may file an action for retrial to enter
an appeal against a final judgment that has become final and binding on the grounds of such failure.
(2) An action set forth in the preceding paragraph shall be filed within 30 days
from the day on which the third party became aware of the final and binding judgment.
(3) The period set forth in the preceding paragraph may not be extended.
(4) No action set forth in paragraph (1) may be filed when a period of one year has elapsed from the day on which the judgment became final and binding.
(Effect of Judicial Decision on Burden of Court Costs)
Article 35 A final and binding judicial decision on the burden of court costs in an action wherein an administrative agency affiliated with the State or a public
entity stands as a party or intervener shall be effective against or in the
interest of the State or the public entity with which the administrative agency is affiliated.
Section 2 Other Actions for the Judicial Review of Administrative
Dispositions
(Standing to Sue in an Action for Declaration of Nullity, etc.)
Article 36 An action for the declaration of nullity, etc. of an original
administrative disposition or administrative disposition on appeal may be filed only by a person who is likely to suffer damage from said original
administrative disposition or any disposition following said administrative disposition on appeal or any other person who has legal interest to seek the declaration of nullity, etc. of the original administrative disposition or
administrative disposition on appeal, where the person is unable to achieve the
purpose by filing an action concerning the existing legal relationship which is based on the existence or non-existence of or validity or invalidity of the
original administrative disposition or administrative disposition on appeal.
(Standing to Sue in an Action for Declaration of Illegality of Inaction)
Article 37 An action for the declaration of illegality of inaction may be filed only by a person who has filed an application for an original administrative
disposition or administrative disposition on appeal.
(Requirements for Mandamus Actions)
Article 37-2 (1) In the case set forth in Article 3, paragraph (6), item (i), a
mandamus action may be filed only when any serious damage is likely to be caused if a certain original administrative disposition is not made and there are no other appropriate means to avoid such damage.
(2) When judging whether or not any serious damage would be caused as
prescribed in the preceding paragraph, the court shall consider the degree of difficulty in recovering from the damage and shall take into consideration the nature and extent of the damage as well as the content and nature of the
original administrative disposition.
(3) A mandamus action set forth in paragraph (1) may be filed only by a person who has legal interest to seek an order to the effect that an administrative
agency should make a certain original administrative disposition.
(4) The provision of Article 9, paragraph (2) shall apply mutatis mutandis with
regard to the judging of whether or not there is legal interest prescribed in the preceding paragraph.
(5) Where a mandamus action satisfies the requirements prescribed in paragraph
(1) and paragraph (3), if it is found that the provisions of the laws and regulations which give a basis for an original administrative disposition
pertaining to a mandamus action clearly show that the administrative agency
should make the original administrative disposition, or it is found that the administrative agency's inaction to make the original administrative
disposition goes beyond the bounds of the agency's discretionary power or
constitutes an abuse of such power, the court shall make a judgment to order that the administrative agency should make the original administrative
disposition.
Article 37-3 (1) In the case set forth in Article 3, paragraph (6), item (ii), a
mandamus action may be filed only when any of the requirements listed in the following items is satisfied:
(i) no original administrative disposition or administrative disposition on
appeal is made within a reasonable period of time in response to an
application filed or request for administrative review made under the laws and regulations; or
(ii) an original administrative disposition or administrative disposition on
appeal is made to dismiss with or without prejudice an application filed or a request for administrative review made under the laws and regulations, but the original administrative disposition or administrative disposition on
appeal should be revoked or is invalid or has never existed.
(2) A mandamus action set forth in the preceding paragraph may be filed only by a person who has filed an application or made a request for administrative
review under the laws and regulations prescribed in each item of said paragraph.
(3) A mandamus action set forth in paragraph (1) shall be filed by joining with it each of the actions specified in the following items according to the categories
of cases listed in the respective items. In this case, if there are special
provisions in any other Act with regard to the jurisdiction over a suit
pertaining to each of the actions specified in said items, such provisions shall govern the jurisdiction over the suit pertaining to the mandamus action,
notwithstanding the provision of Article 12 as applied mutatis mutandis pursuant to Article 38, paragraph (1):
(i) in the case where the requirement set forth in paragraph (1), item (i) is
satisfied: an action for the declaration of illegality of inaction to make the
original administrative disposition or administrative disposition on appeal prescribed in said item; or
(ii) in the case where the requirement set forth in paragraph (1), item (ii) is satisfied: an action for the revocation of an administrative disposition or
action for the declaration of nullity, etc. of the original administrative
disposition or administrative disposition on appeal prescribed in said item. (4) Oral arguments and judicial decisions in a mandamus action and the action specified in each item of the preceding paragraph, which are filed and joined
pursuant to the provision of said paragraph, shall not be made separately.
(5) Where a mandamus action satisfies the requirements prescribed in paragraph
(1) to paragraph (3), if it is found that the claim pertaining to the action
specified in each item of paragraph (3) is well-grounded, and it is also found that the provisions of the laws and regulations which give a basis for an
original administrative disposition or administrative disposition on appeal
pertaining to a mandamus action clearly show that the administrative agency should make the original administrative disposition or administrative
disposition on appeal, or it is found that the administrative agency's inaction to make the original administrative disposition or administrative disposition on
appeal goes beyond the bounds of the agency's discretionary power or
constitutes an abuse of such power, the court shall make a judgment to order that the administrative agency should make the original administrative
disposition or administrative disposition on appeal pertaining to the
mandamus action.
(6) Notwithstanding the provision of paragraph (4), when the court finds, in
consideration of the developments in proceedings and other circumstances, that it will contribute to more expeditious settlement of the dispute to make a final
judgment only with regard to the action specified in each item of paragraph (3), the court may make a final judgment only with regard to said action. In this
case, when the court has made a final judgment only with regard to said action, it may, until court proceedings for said action are completed, suspend court
proceedings for a mandamus action, hearing opinions from the parties.
(7) A mandamus action set forth in paragraph (1) which seeks an order to the effect that an administrative agency should make a certain administrative disposition on appeal may be filed only in cases where a request for an
administrative review of the original administrative disposition has been made
and no action for the revocation of the original administrative disposition or action for the declaration of nullity, etc. of the original administrative
disposition may be filed.
(Requirements for Action for Injunctive Order)
Article 37-4 (1) An action for an injunctive order may be filed only in cases where any serious damage is likely to be caused if a certain original
administrative disposition or administrative disposition on appeal is made;
provided, however, that this shall not apply if there are any other appropriate means to avoid such damage.
(2) When judging whether or not any serious damage would be caused as
prescribed in the preceding paragraph, the court shall consider the degree of difficulty in recovering from the damage and shall take into consideration the nature and extent of the damage as well as the content and nature of the
original administrative disposition or administrative disposition on appeal.
(3) An action for an injunctive order may be filed only by a person who has legal
interest to seek an order to the effect that an administrative agency should not make a certain original administrative disposition or administrative
disposition on appeal.
(4) The provision of Article 9, paragraph (2) shall apply mutatis mutandis with
regard to the judging of whether or not there is legal interest prescribed in the preceding paragraph.
(5) Where an action for an injunctive order satisfies the requirements prescribed
in paragraph (1) and paragraph (3), if it is found that the provisions of the laws and regulations which give a basis for an original administrative disposition or administrative disposition on appeal pertaining to an action for an injunctive
order clearly show that the administrative agency should not make the original administrative disposition or administrative disposition on appeal, or it is
found that the administrative agency's act to make the original administrative disposition or administrative disposition on appeal goes beyond the bounds of
the agency's discretionary power or constitutes an abuse of such power, the
court shall make a judgment to order that the administrative agency should not make the original administrative disposition or administrative disposition on appeal.
(Provisional Order of Mandamus and Provisional Injunctive Order)
Article 37-5 (1) Where a mandamus action is filed, if there is an urgent necessity in order to avoid any damage that cannot be compensated, which would be
caused due to an original administrative disposition or administrative
disposition on appeal pertaining to the mandamus action not being made, and the action on the merits seems well-grounded, the court may, upon petition, make an order to the effect that an administrative agency should make the
original administrative disposition or administrative disposition on appeal on a
provisional basis (hereinafter referred to as a "provisional order of mandamus" in this Article).
(2) Where an action for an injunctive order is filed, if there is an urgent necessity
in order to avoid any damage that cannot be compensated, which would be caused due to an original administrative disposition or administrative
disposition on appeal pertaining to the action for injunctive order being made,
and the action on the merits seems well-grounded, the court may, upon petition, make an order to the effect that an administrative agency should not make the
original administrative disposition or administrative disposition on appeal on a
provisional basis (hereinafter referred to as a "provisional injunctive order" in this Article).
(3) No provisional order of mandamus or provisional injunctive order may be
made when such order is likely to seriously affect public welfare.
(4) The provisions of Article 25, paragraph (5) to paragraph (8), Article 26 to
Article 28, and Article 33, paragraph (1) shall apply mutatis mutandis to the matters concerning a provisional order of mandamus or provisional injunctive order.
(5) When a provisional order of mandamus is revoked by a judicial decision on an immediate appeal set forth in Article 25, paragraph (7) as applied mutatis
mutandis pursuant to the preceding paragraph or by an order set forth in Article 26, paragraph (1) as applied mutatis mutandis pursuant to the preceding paragraph, the administrative agency shall revoke the original
administrative disposition or administrative disposition on appeal that it has
made based on the provisional order of mandamus.
(Application Mutatis Mutandis of Provisions on Actions for the Revocation of
Administrative Dispositions)
Article 38 (1) The provisions of Article 11 to Article 13, Article 16 to Article 19, Article 21 to Article 23, Article 24, Article 33, and Article 35 shall apply
mutatis mutandis to actions for the judicial review of an administrative
disposition which are other than actions for the revocation of an administrative disposition.
(2) The provision of Article 10, paragraph (2) shall apply mutatis mutandis where both an action for the declaration of nullity, etc. of an original administrative disposition and an action for the judicial review of an administrative
disposition against an administrative disposition on appeal that has dismissed
a request for an administrative review of said original administrative
disposition may be filed, and the provision of Article 20 shall apply mutatis mutandis where an action for the declaration of nullity, etc. of an original
administrative disposition may be filed by joining it with an action for the judicial review of an administrative disposition against an administrative disposition on appeal that has dismissed a request for an administrative review of said original administrative disposition.
(3) The provisions of Article 23-2, Article 25 to Article 29, and Article 32,
paragraph (2) shall apply mutatis mutandis to an action for the declaration of nullity, etc.
(4) The provisions of Article 8 and Article 10, paragraph (2) shall apply mutatis
mutandis to an action for the declaration of illegality of inaction.
Chapter III Public Law-Related Actions
(Notice of Filing of Action)
Article 39 Upon the filing of an action relating to an original administrative
disposition or administrative disposition on appeal that confirms or creates a legal relationship between parties, wherein either party to the legal
relationship shall stand as a defendant pursuant to the provisions of laws and
regulations, the court shall give notice to the administrative agency that has made said original administrative disposition or administrative disposition on
appeal to that effect.
(Public Law-Related Actions Subject to Statute of Limitations for Filing an
Action)
Article 40 (1) A public law-related action that is subject to the statute of
limitations prescribed in laws and regulations may be filed even after the expiration of the statute of limitations if there are justifiable grounds for
failing to meet the statute of limitations, unless otherwise provided for in the laws and regulations.
(2) The provision of Article 15 shall apply mutatis mutandis to a public law- related action that is subject to the statute of limitations prescribed in laws and regulations.
(Application Mutatis Mutandis of Provisions on Actions for the Judicial Review of Administrative Dispositions)
Article 41 (1) The provisions of Article 23, Article 24, Article 33, paragraph (1), and Article 35 shall apply mutatis mutandis to public law-related actions, and the provision of Article 23-2 shall apply mutatis mutandis to the submission of
materials that clarify the grounds for the original administrative disposition or
administrative disposition on appeal in a public law-related action.
(2) The provision of Article 13 shall apply mutatis mutandis to the transfer of an action in cases where a public law-related action and an action pertaining to a claim related to the claim that is subject matter of the public law-related
action are pending before different courts, and the provisions of Article 16 to
Article 19 shall apply mutatis mutandis to the joinder of these actions.
Chapter IV Citizen Actions and Interagency Actions
(Filing of Action)
Article 42 Citizen actions and interagency actions may be filed only by persons specified by Acts in cases provided for in Acts.
(Application Mutatis Mutandis of Provisions on Actions for the Judicial Review of Administrative Dispositions or Public Law-Related Actions)
Article 43 (1) The provisions on actions for the revocation of administrative
dispositions, except for the provisions of Article 9 and Article 10, paragraph (1), shall apply mutatis mutandis to citizen actions or interagency actions seeking
the revocation of an original administrative disposition or administrative disposition on appeal.
(2) The provisions on an action for the declaration of nullity, etc., except for the provision of Article 36, shall apply mutatis mutandis to citizen actions or
interagency actions seeking the declaration of nullity of an original administrative disposition or administrative disposition on appeal.
(3) The provisions on public law-related actions, except for the provisions of
Article 39 and Article 40, paragraph (1), shall apply mutatis mutandis to citizen actions or interagency actions other than those prescribed in the
preceding two paragraphs.
Chapter V Auxiliary Provisions
(Exclusion of Provisional Disposition)
Article 44 No provisional disposition prescribed in the Civil Provisional
Remedies Act (Act No. 91 of 1989) may be made with regard to an original
administrative disposition or any other act constituting the exercise of public authority by an administrative agency.
(Action over the Effect of Disposition, etc.)
Article 45 (1) Where the point at issue in an action concerning a legal
relationship under private law is the existence or non-existence of or validity or invalidity of an original administrative disposition or administrative
disposition on appeal, the provisions of Article 23, paragraph (1) and paragraph (2), and Article 39 shall apply mutatis mutandis.
(2) Where an administrative agency has intervened in an action pursuant to the provision of the preceding paragraph, the provisions of Article 45, paragraph (1) and paragraph (2) of the Code of Civil Procedure shall apply mutatis
mutandis; provided, however, that allegations and evidence that may be
advanced shall be limited to those concerning the existence or non-existence of or validity or invalidity of the original administrative disposition or
administrative disposition on appeal.
(3) When, after an administrative agency has intervened in an action pursuant to the provision of paragraph (1), there is no longer a dispute over the existence
or non-existence of or validity or invalidity of the original administrative
disposition or administrative disposition on appeal, the court may revoke the order of intervention.
(4) In the case referred to in paragraph (1), the provisions of Article 23-2 and
Article 24 shall apply mutatis mutandis to the point at issue, and the provision of Article 35 shall apply to a judicial decision on the burden of court costs.
(Informing of Matters Concerning Filing of Actions for the Revocation of
Administrative Dispositions, etc.)
Article 46 (1) When an administrative agency makes an original administrative disposition or administrative disposition on appeal against which an action for
the revocation of an administrative disposition may be filed, it shall inform the person to whom the original administrative disposition or administrative
disposition on appeal is addressed, in writing, of the following matters;
provided, however, that this shall not apply where the administrative agency makes said original administrative disposition orally:
(i) the person who is to stand as a defendant in any action for the revocation of
the administrative disposition against the original administrative disposition or administrative disposition on appeal;
(ii) the statute of limitations for filing an action for the revocation of an
administrative disposition on the original administrative disposition or administrative disposition on appeal; and
(iii) if there is a provision in any Act that no action for the revocation of the
original administrative disposition may be filed until an administrative
disposition on appeal is made in response to a request for an administrative review of the original administrative disposition, such provision.
(2) Where an administrative agency makes an original administrative disposition which is subject to a provision in any Act that an action for the revocation of an administrative disposition may be filed only against an administrative
disposition on appeal made in response to a request for an administrative
review of said original administrative disposition, the administrative agency shall inform the person to whom the original administrative disposition is
addressed, in writing, of such provision in the Act; provided, however, that this shall not apply where the administrative agency makes the original
administrative disposition orally.
(3) Where an administrative agency makes an original administrative disposition or administrative disposition on appeal against which an action relating to an
original administrative disposition or administrative disposition on appeal that
confirms or creates a legal relationship between parties, wherein either party to the legal relationships shall stand as a defendant pursuant to the provisions of laws and regulations, may be filed, the administrative agency shall inform
the person to whom the original administrative disposition or administrative
disposition on appeal is addressed, in writing, of the following matters;
provided, however, that this shall not apply where the administrative agency makes the original administrative disposition orally:
(i) the person who is to stand as a defendant in the action; and
(ii) the statute of limitations for filing the action.
Supplementary Provisions
(Effective Date)
Article 1 This Act shall come into effect as from October 1, 1962.
(Repeal of the Act on Special Measures for Administrative Case Litigation) Article 2 The Act on Special Measures for Administrative Case Litigation (Act
No. 81 of 1948; hereinafter referred to as the "Former Act") shall be repealed.
(Principle for Transitional Measures)
Article 3 Unless otherwise provided for in the Supplementary Provisions, this
Act shall also apply to any matters that have arisen prior to the enforcement of this Act; provided, however, that this shall not preclude the effect that has
arisen under the provisions of the Former Act.
(Transitional Measures Concerning Petition Prior to Action)
Article 4 With regard to the filing of an action for the revocation of an
administrative disposition in regard to an original administrative disposition or administrative disposition on appeal against which a petition may be filed under the provisions of laws and regulations, where the period for filing a
petition has expired prior to the enforcement of this Act with no petition being filed within such period, the provision of Article 2 of the Former Act shall
remain applicable even after the enforcement of this Act.
(Transitional Measures Concerning Restriction on Grounds for Revocation)
Article 5 The provision of Article 10, paragraph (2) shall not apply to an action for the revocation of an administrative disposition on appeal which is pending at the time of the enforcement of this Act.
(Transitional Measures Concerning Standing to Be Sued)
Article 6 With regard to the standing to be sued in an action for the revocation of an administrative disposition which is pending at the time of the
enforcement of this Act, the provisions then in force shall remain applicable.
(Transitional Measures Concerning Statute of Limitations)
Article 7 (1) With regard to the statute of limitations for filing an action for the revocation of an original administrative disposition or of an administrative
disposition on appeal for which the statute of limitations under Article 5,
paragraph (1) of the Former Act is running at the time of the enforcement of this Act and which shall commence from the day on which the person who
seeks the revocation became aware of the fact that the original administrative disposition or administrative disposition on appeal was made, the provisions
then in force shall remain applicable; provided, however, that the statute of
limitations shall not exceed three months from the date of enforcement of this
Act.
(2) With regard to the statute of limitations for filing an action for the revocation of an original administrative disposition or of an administrative disposition on appeal for which the statute of limitations under Article 5, paragraph (3) of the Former Act is running at the time of the enforcement of this Act and which shall commence from the day on which the person who seeks the revocation
became aware of the fact that the original administrative disposition or
administrative disposition on appeal was made, the provisions then in force shall remain applicable.
(3) The provisions of the preceding two paragraphs shall not preclude the
application of the provision of Article 14, paragraph (4) in cases where a
request for administrative review is made after the enforcement of this Act.
(Transitional Measures Concerning Actions for the Judicial Review of Administrative Dispositions Which Are Other Than Actions for the Revocation of Administrative Dispositions)
Article 8 (1) With regard to the standing to sue and to be sued in an action for
the judicial review of an administrative disposition which is other than an
action for the revocation of an administrative disposition and which is pending at the time of the enforcement of this Act, the provisions then in force shall remain applicable.
(2) The provision of Article 5 of the Supplementary Provisions shall apply
mutatis mutandis where both an action for the declaration of nullity, etc. of an original administrative disposition and an action for the judicial review of an
administrative disposition against an administrative disposition on appeal that
has dismissed a request for an administrative review of said original administrative disposition may be filed.
(Transitional Measures Concerning Public Law-Related Actions)
Article 9 The provision of Article 39 shall apply only to public law-related actions to be filed after the enforcement of this Act.
(Transitional Measures Concerning Citizen Actions and Interagency Actions)
Article 10 The provisions on the transitional measures concerning actions for the revocation of administrative dispositions shall apply mutatis mutandis to
citizen actions and interagency actions seeking the revocation of an original administrative disposition or administrative disposition on appeal, and the
provisions on the transitional measures concerning actions for the declaration of nullity, etc. shall apply mutatis mutandis to citizen actions and interagency actions seeking the declaration of nullity, etc. of an original administrative
disposition or administrative disposition on appeal.
(Transitional Measures Concerning Action over the Effect of Disposition, etc.) Article 11 The provision of Article 39 shall apply mutatis mutandis to an action concerning a legal relationship under private law which is pending at the time
of the enforcement of this Act, only where the existence or non-existence of or validity or invalidity of an original administrative disposition or
administrative disposition on appeal has become a new point at issue in the
action after the enforcement of this Act.