Article 8Relationship between an Action for the Revocation of the Original Administrative Disposition and a Request for an Administrative Review
第八条（処分の取消しの訴えと審査請求との関係）
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 does not preclude the immediate filing of an action for the revocation of the original administrative disposition; provided, however, that this does not apply if there are provisions in any law that no action for the revocation of an original administrative disposition may be filed until an administrative determination is made in response to a request for an administrative review of the original administrative disposition.
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 determination:
where no administrative determination is made after a period of three months has elapsed from the day on which the request for an administrative review was made;
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
処分、処分の執行又は手続の続行により生ずる著しい損害を避けるため緊急の必要があるとき。
where there are other reasonable grounds not to obtain an administrative determination.
その他裁決を経ないことにつき正当な理由があるとき。
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 litigation proceedings until an administrative determination is made in response to the request for the administrative review (in cases where no administrative determination is made after a period of three months has elapsed from the day on which the request for the administrative review was made, until that period expires).