Administrative Complaint Review Act

A request for re-examination may not be filed after one month has passed from the day following the day on which the relevant person has come to know that the original administrative determination was made; provided, however, that this does not apply when there are legitimate grounds.

A request for re-examination may not be filed after one year has passed from the day following the day on which the original administrative determination was made; provided, however, that this does not apply when there are legitimate grounds.

The review officer prescribed in Article 11, paragraph (2) as applied mutatis mutandis pursuant to Article 66, paragraph (1) following the deemed replacement of terms or the re-examining agency (meaning an administrative agency with which a request for re-examination has been filed pursuant to the provisions of other laws (including an administrative agency that has taken over the case pursuant to the provisions of Article 14 as applied mutatis mutandis pursuant to Article 66, paragraph (1) following the deemed replacement of terms); the same applies below) that is an organ stated in the items of Article 9, paragraph (1) as applied mutatis mutandis pursuant to Article 66, paragraph (1) is to request the administrative agency that has made the original administrative determination to send the written administrative determination for the original administrative determination.

When a request for re-examination has been filed after the statutory period has passed, or is otherwise unlawful, the re-examining agency is to dismiss the request for re-examination by an administrative determination.

When there are no grounds for a request for re-examination, the re-examining agency is to reject the request for re-examination by an administrative determination.

When the original administrative determination related to a request for re-examination (limited to an administrative determination that has dismissed or rejected a request for review) is illegal or unjust and the disposition of the request for review is neither illegal nor unjust, the re-examining agency is to reject the request for re-examination by an administrative determination.

Beyond what is prescribed in the preceding paragraph, when the original administrative determination, etc. related to a request for re-examination is illegal or unjust and revoking or eliminating will significantly harm public interest, and the re-examining agency finds that the revocation or elimination of the original administrative determination, etc. is not in accordance with public welfare upon considering the extent of damage to be sustained by the requestor for re-examination, the extent and method of compensation for or prevention of the damage, and all other circumstances, the re-examining agency may reject the request for re-examination by an administrative determination. In such a case, the re-examining agency must declare that the original administrative determination, etc. is illegal or unjust in the main text of the administrative determination.

When there are grounds for a request for re-examination related to the original administrative determination, etc. (excluding de facto acts) (excluding the cases prescribed in paragraph (3) of the preceding Article and those to which the provisions of paragraph (4) of that Article apply), the re-examining agency is to revoke the original administrative determination, etc. in full or in part by an administrative determination.

When there are grounds for a request for re-examination related to de facto acts (excluding the cases to which the provisions of paragraph (4) of the preceding Article apply), the re-examining agency is to declare that the de facto acts are illegal or unjust in the administrative determination, and order the administrative agency reaching the disposition to eliminate the de facto acts in full or in part.

The provisions of Chapter II (excluding Article 9, paragraph (3), Article 18 (excluding paragraph (3)), Article 19, paragraph (3) and paragraph (5), items (i) and (ii), Article 22, Article 25, paragraph (2), Article 29 (excluding paragraph (1)), Article 30, paragraph (1), Article 41, paragraph (2), item (i), sub-items (a) and (b), Section 4, Article 45 through Article 49, and Article 50, paragraph (3)) apply mutatis mutandis to requests for re- examination. In such a case, in the provisions stated in the left-hand column of Appended Table 3, the terms stated in the middle column of that Table are deemed to be replaced with the terms stated in the right-hand column of that Table.

When the re-examining agency is an organ stated in the items of Article 9, paragraph (1) as applied mutatis mutandis pursuant to the preceding paragraph, the provisions of Article 17, Article 40, Article 42, and Article 50, paragraph (2) as applied mutatis mutandis pursuant to the preceding paragraph do not apply.