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:
no original administrative disposition or administrative determination 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
an original administrative disposition or administrative determination 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 determination should be revoked or is invalid or has never existed.
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 that paragraph.
A mandamus action set forth in paragraph (1) must 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 law with regard to the jurisdiction over a suit pertaining to each of the actions specified in those items, those special provisions govern the jurisdiction over the suit pertaining to the mandamus action, notwithstanding the provisions of Article 12 as applied mutatis mutandis pursuant to Article 38, paragraph (1):
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 determination prescribed in that item; or
第一項第一号に掲げる要件に該当する場合 同号に規定する処分又は裁決に係る不作為の違法確認の訴え
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 determination prescribed in that item.
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 provisions of that paragraph, must not be made separately.
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 determination pertaining to a mandamus action clearly show that the administrative authority should make the original administrative disposition or administrative determination, or it is found that the administrative authority's inaction to make the original administrative disposition or administrative determination goes beyond the bounds of the authority's discretionary power or constitutes an abuse of that power, the court makes a judgment to order that the administrative authority should make the original administrative disposition or administrative determination pertaining to the mandamus action.
義務付けの訴えが第一項から第三項までに規定する要件に該当する場合において、同項各号に定める訴えに係る請求に理由があると認められ、かつ、その義務付けの訴えに係る処分又は裁決につき、行政庁がその処分若しくは裁決をすべきであることがその処分若しくは裁決の根拠となる法令の規定から明らかであると認められ又は行政庁がその処分若しくは裁決をしないことがその裁量権の範囲を超え若しくはその濫用となると認められるときは、裁判所は、その義務付けの訴えに係る処分又は裁決をすべき旨を命ずる判決をする。
Notwithstanding the provisions 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 that action. In this case, when the court has made a final judgment only with regard to that action, it may, until litigation proceedings for that action are completed, suspend litigation proceedings for a mandamus action, hearing opinions from the parties.
A mandamus action set forth in paragraph (1) which seeks an order to the effect that an administrative authority should make a certain administrative determination 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.