ENGLISH

Administrative Litigation
Standing to Sue
Standing to Sue in Suits for Revocation
- “Standing to sue in suits for revocation” is a qualification which allows a person to file a suit for revocation in relation to an individual and specific case.
- In relation to standing to sue in suits for revocation, the Administrative Litigation Act provides that a suit may be filed by a person who has a legal interest in seeking revocation of a disposition, etc. and, in a case where the effect of a disposition, etc. has been extinguished due to the passage of time, execution of disposition, etc. or for any other reason, a person who has a legal interest that would be reinstated by the revocation of such disposition, etc. (Article 12 of the Administrative Litigation Act).
Standing to Sue in Suits for Affirmation of Nullity, etc.
- A suit for affirmation of nullity etc. may be filed by a person who has a legal interest in seeking the affirmation of the validity or nullity, or the existence or non-existence, of a disposition etc. (Article 35 of the Administrative Litigation Act).
· “Legal interest” for these purposes has the same meaning as the meaning given to the like term in relation to a suit for revocation.
Standing to Sue in Suits for Affirmation of Illegality of Omission
- A suit for affirmation of illegality of omission may be filed only by a person who, as a person who has applied for a disposition, has a legal interest in seeking the affirmation of the illegality of an omission (Article 36 of the Administrative Litigation Act).
· In a suit for affirmation of illegality of omission, only a person who has applied for a disposition is deemed to have standing to sue. A third party who has not applied for a disposition is deemed not to have standing to sue.
· “Legal interest” for these purposes has the same meaning as the meaning given to the like term in relation to a suit for revocation.
Standing to Sue in Party Suits
- As a suit concerning legal relationships based on an administrative agency's disposition, etc. and other legal relationships in public law, a party suit is a suit between parties of equal status. Therefore, there is no restriction on standing to sue as in the case of an appeals suit, and the provisions on general civil litigation regarding standing to sue apply mutatis mutandis (Article 8 (2) of the Administrative Litigation Act).
Standing to Sue in Public Suits and Agency Suits
- In relation to public suits and agency suits, a suit may be filed only by persons specified in statutes, in the circumstances specified in statutes (Article 45 of the Administrative Litigation Act).