Article 49Administrative Determinations for Requests for Review Regarding Inaction
第四十九条（不作為についての審査請求の裁決）
When 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.
When 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.
When 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:
the reviewing agency that is the higher administrative agency of the administrative agency not having taken any action:to order the administrative agency not having taken any action that it should render the disposition; and
the reviewing agency that is the administrative agency not having taken any action:to render the disposition.
When 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.
In 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.
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when rendering a disposition of a request for review, other laws or Cabinet Order (for a disposition based on Prefectural or Municipal Ordinance, the Ordinance) provides that the disposition should…
審査請求に係る処分をしようとするときに他の法律又は政令（条例に基づく処分については、条例）に第九条第一項各号に掲げる機関若しくは地方公共団体の議会又はこれらの機関に類するものとして政令で定めるもの（以下「審議会等」という。）の議を経るべき旨又は経ることができる旨の定めがあり、かつ、当該議を経て当該処分がされた場合
Open this provision(Administrative Determinations for Requests for Review Regarding Inaction)
When 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.
不作為についての審査請求が理由がある場合には、審査庁は、裁決で、当該不作為が違法又は不当である旨を宣言する。この場合において、次の各号に掲げる審査庁は、当該申請に対して一定の処分をすべきものと認めるときは、当該各号に定める措置をとる。
Open this provision(Administrative Determinations for Requests for Review Regarding Inaction)
When 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)…
審査請求に係る不作為に係る処分に関し、第四十三条第一項第一号に規定する議を経るべき旨の定めがある場合において、審査庁が前項各号に定める措置をとるために必要があると認めるときは、審査庁は、当該定めに係る審議会等の議を経ることができる。
Open this provisiondisposition
「処分」
In this Act, a disposition (処分) of an administrative agency (行政庁) or any other act that is an exercise of public authority (公権力): the acts against which this Act lets a person appeal, unless another Act (法律) provides otherwise.
Short name set inArticle 1, paragraph (2)
administrative agency takes no action
「不作為」
An administrative agency's (行政庁) failure to make any disposition (処分) at all on an application made to it under laws and regulations (法令).
Defined inArticle 3, paragraph (1)
administrative agency having taken no action
「不作為庁」
The administrative agency (行政庁) that has failed to act (不作為) on an application made to it under laws and regulations (法令).
Short name set inArticle 4, paragraph (1), item (i)
reviewing agency
「審査庁」
The administrative agency (行政庁) with which a request for review (審査請求) has been filed under Article 4 or under another Act (法律) or a local ordinance (条例), including one that took the case over under Article 14 when the power to decide it passed to it through a change in the laws and regulations (法令).
Short name set inArticle 9, paragraph (1)
Council, etc.
「審議会等」
The commissions and other bodies listed in Article 9, paragraph (1), the assemblies of local governments (地方公共団体の議会), and bodies a Cabinet Order (政令) specifies as similar to them, whose deliberation another Act (法律) or a Cabinet Order (or, for a disposition based on a local ordinance (条例), the ordinance) may require or allow before a disposition (処分) is made.
Short name set inArticle 43, paragraph (1), item (i)
request for review
審査請求
A request to an administrative agency (行政庁) to review a disposition (処分) the person objects to, or, where the person applied for a disposition under a law or regulation and a reasonable time has passed with none made, the agency's failure to act (不作為) (Administrative Complaint Review Act, Articles 2 and 3). Unless an Act, or for a disposition based on a local ordinance (条例) that ordinance, provides otherwise, it is made to the agency that made the disposition or failed to act where that agency has no superior agency or is itself the competent minister (主任の大臣) or the head of certain agencies; where such a minister or head is the agency above it, to that minister or head; and otherwise to its highest superior agency (Article 4). Another Act can set rules of its own for it, naming another body to make it to or another route (Article 1, paragraph (2); Article 4): the Employees' Pension Insurance Act, for instance, has a request about a disposition (処分) of the Minister of Health, Labour and Welfare (厚生労働大臣) on a person's status as insured, standard remuneration or insurance benefits, other than a decision on a request to correct the pension insurance register, made to a social insurance examiner (社会保険審査官), and disapplies most of the Administrative Complaint Review Act's rules for it (Employees' Pension Insurance Act, Articles 90, paragraph (1), and 91-2). Under the Administrative Complaint Review Act, a request about a disposition must be made within three months of the day after the person learned of it — or one month after learning of the decision, where a request for re-investigation (再調査の請求) was made first — and within a year of the disposition or that decision, unless there is a justifiable reason (Administrative Complaint Review Act, Article 18, paragraphs (1) and (2)). Making one does not by itself stop the disposition taking effect or being carried out, or the proceedings going on (Article 25, paragraph (1)), but the agency reviewing it can suspend them in whole or in part on the application of the person who made the request — and, where it made the disposition or is the agency above the one that did, of its own motion — and, once the person who made the request has applied, must where that is urgently needed to avoid serious harm, unless that would seriously affect the public welfare or the request appears to have no grounds (Article 25, paragraphs (2) to (4)). The agency reviewing it (審査庁) decides it by a determination (裁決): it dismisses a request that is unlawful, for instance one made too late, rejects one that is groundless, and, where one is well founded, revokes the disposition in whole or in part or changes it — though never to the disadvantage of the person who made the request, and an agency that neither made the disposition nor is above the agency that did cannot change it (Articles 45, paragraphs (1) and (2), 46, paragraph (1), and 48). Where the request is about a de facto act (事実上の行為), the determination instead declares the act unlawful or unjust and orders it abolished in whole or in part or changed, or abolishes or changes it (Article 47). A well-founded request about a failure to act ends instead in a determination declaring the failure unlawful or unjust, and, where the agency finds a disposition should be made, an order to make it or the disposition itself (Article 49, paragraph (3)). Where revoking an unlawful or unjust disposition, or abolishing an unlawful or unjust de facto act, would seriously harm the public interest, the agency can reject the request while declaring in the determination that it is unlawful or unjust (Article 45, paragraph (3)). The determination takes effect when it is served on the person who made the request — or, where someone other than the disposition's addressee made it and the determination revokes or changes the disposition or deals with a de facto act, once it is served on the addressee too — and binds the agencies concerned (Articles 51, paragraph (1), and 52, paragraph (1)).
Written by AI using Administrative Complaint Review Act, Arts. 1 to 4, 18, 25, 45 to 49, 51, 52 and Employees' Pension Insurance Act, Arts. 90, 91-2 as a reference.