Judiciary
What the courts do- Trials
Administrative trial
Judiciary
Trials - Administrative trial
Administrative trials are intended to provide remedy to infringement upon the people’s rights and benefit arising from illegal administrative actions by administrative agencies or other government’s action or failure to take action, through administrative litigation procedure. It is a trial that seeks to resolve disputes relating to rights under public laws or the application of the law. Examples of administrative litigation cases are as follows: lawsuit to cancel tax assessment; lawsuit to cancel revocation/suspension of driver’s license; lawsuit against decision on payment under worker’s compensation insurance; lawsuit against the decision of Government Employee Pension Service; lawsuit against disciplinary decision against a government employee; lawsuit against cancellation/suspension of business permit; lawsuit against condemnation; and lawsuit against decisions by various other denials.
Suspension of administrative action
In principle, the filing of an administrative litigation does not affect the enforcement of administrative decision. However, if it is deemed there is an urgent need to prevent irrecoverable damages that could arise from the enforcement of the administrative action, the court may sua sponte, or upon the application of a party render a decision to suspend enforcement. However, such suspension of enforcement would not be allowed if doing so would have a material effect on the public good.