Article 49Administrative Determinations for Requests for Review Regarding Inaction

①When a request for review regarding inaction has been filed before the elapse of a reasonable period of time after an application for the disposition of inaction has been filed, or the request is otherwise unlawful, the reviewing agency is to dismiss the request for review by a decision.

②When there are no grounds for a request for review regarding to inaction, the reviewing agency is to reject the request for review by an administrative determination.

③When there are grounds for a request for review regarding inaction, the reviewing agency is to declare that the inaction is illegal or unjust by an administrative determination. In such a case, when the reviewing agency stated in the following items finds that a certain disposition should be rendered for the application, the reviewing agency stated in the following items is to take the measures specified in each of those items:

④When there are provisions providing that the disposition of inaction related to a request for review should go through deliberations prescribed in Article 43, paragraph (1), item (i), and the reviewing agency finds it necessary for the purpose of taking the measures specified in the items of the preceding paragraph, the reviewing agency may go through deliberations at the Council, etc. related to the provisions.

⑤In addition to the cases in which there are provisions prescribed in the preceding paragraph, when other laws and regulations provide that consultation with the relevant administrative agencies should be conducted and other procedures should be conducted regarding the disposition of inaction related to the request for review, and the reviewing agency finds it necessary for the purpose of taking the measures specified in the items of paragraph (3), the reviewing agency may conduct those procedures.