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known but the filing shall not be later than ten years as from the date of such cause of
action.
Section 52. An administrative case concerning the protection of public
interest or a status of an individual person may be filed at any time.
Upon the lapse of time within which an administrative case can be
filed, if the Administrative Court is of the opinion that the case so filed will be of
public benefit or there occurs a necessary cause, the Administrative Court may,
whether at its own initiative or upon an application of a party, accept the case for trial
and adjudication.
Section 53. In the case where any of the parties dies before a judgment
of an Administrative Court, the Administrative Court shall adjourn the trial until the
heir, estate administrator, any person in possession of the estate, successor of such
person, or an interested person submits an application for the substitution for the
deceased party, whether by their own motion or by a summons of the Court given
upon the other party's application.
Such application shall be submitted within one
year as from the date of death of such party.
If no application is made by such person or no application is made by
either party within the time specified under paragraph one, the Administrative Court
may have an order striking such case out of the Case List.
Part 2
Administrative Court Proceedings
Section 54. In the Supreme Administrative Court, there shall be at
least five administrative judges of the Supreme Administrative Court to constitute a
quorum for trial and adjudication.
In an Administrative Court of First Instance, there shall be at least
three administrative judges of the Administrative Courts of First Instance to constitute
a quorum for trial and adjudication.
Section 55. The trial and adjudication of a case shall be expediently
carried out and completed. The parties shall be afforded reasonable opportunities to
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give explanations and present evidence pertaining thereto; provided that the
explanations shall be made in writing unless the Court allows oral explanations before
it.
A party has the right to examine evidence presented by each party in
the case file unless it is a particular case in which protection from disclosure is
afforded by law or in which the Administrative Court is of the opinion that the
compelling necessity warrants its non-disclosure for the purpose of preventing loss to
the State affairs, but the evidence not disclosed in the aforesaid case may not be
admissible by the Administrative Court in its trial and adjudication.
In the trial and adjudication, the Administrative Court may examine
and inquire into facts as is appropriate. For this purpose, the Administrative Court
may hear oral evidence, documentary evidence or experts or evidence other than the
evidence adduced by the parties, as is appropriate.
The oral evidence or the expert summoned by the Administrative Court
for testimony or opinions shall be entitled to remuneration in accordance with the
rules and procedure prescribed in The Royal Decree.
Section 56. When cases are filed with any Administrative Court, the
President of the Supreme Administrative Court or Chief Justice of the Administrative
Courts of First Instance shall comply with the following rules in connection with the
distribution of case files within that Administrative Court:
(1) in the case where a specialised division is established for any
particular category of cases, the distribution of case files shall be made in accordance
with the specialisation of the division established therefor;
(2) in the case where the area of responsibility of a division is
arranged, the case the cause of action of which has arisen in the respective area shall
be distributed to the division so arranged;
(3) in the case where no arrangement of division is made under (1) or
(2), or various divisions have been arranged in the same manner, or the division
responsible for such cases has such a large number of pending cases that further
distribution of case files to such division will cause a delay or affect justice, the
distribution of case files shall be made by the method by which prediction may not be
made as to the division to which the case file is distributed.
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When a division in any Administrative Court has received a case file,
the Senior Judge of a division of the Supreme Administrative Court or Senior Judge
of a division of an Administrative Court of First Instance in that division, as the case
may be, shall appoint an administrative judge in his or her division as the judge in
charge of the case for collecting facts from the plaint and explanations of the parties
and collecting relevant evidence, with the assistance of the administrative court
official as entrusted by the judge in charge of the case.
When a case file has been distributed to any judge in charge of the case
or to any division, a recall or transfer of the case file may not be made except in the
following circumstances:
(1) where a case is transferred in accordance with the regulation
prescribed by the general assembly of the judges of the Supreme Administrative
Court;
(2) where, with respect to a recall of a case file, a challenge is made
against the judge in charge of the case or where, with respect to a transfer of a case
file, a challenge is made against an administrative judge in the division carrying out
the trial and adjudication or a quorum is not constituted in the division;
(3) where the judge in charge of the case or the division carrying out
the trial and adjudication has a large number of pending cases which will cause delay
and wishes to disown the case file under responsibility.
Section 57. The judge in charge of the case shall examine, and submit
opinions on, issues of law and issues of facts to the division which carries out the trial
and adjudication, and shall carry out acts relevant to the case.
During the proceedings by the judge in charge of the case under
paragraph one, the party shall be afforded an opportunity to know the allegations or
contentions of the other party and the party shall present evidence on his or her part in
confirmation or rebuttal of the issues of fact and issues of law. When the judge in
charge of the case considers that sufficient issues of facts and issues of law have been
collected, the judge in charge of the case shall prepare an opinion for presentation to
the division which carries out the trial and adjudication for further proceedings.
In affording the parties with the opportunity under paragraph two, the
judge in charge of the case shall instruct the parties to present their evidence within
the specified time. If the party fails to act so within such specified time, the party
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failing to present the evidence shall be deemed as not having any supporting evidence
or as accepting the facts vindicated by the evidence of the other party, as the case may
be, and the Administrative Court shall proceed with the trial and adjudication as it
thinks just.
In the case where an administrative agency or State official fails to take
action within the time specified in paragraph three or shows such conduct as
indicative of prolonging the case, the Administrative Court shall report to the
superior, superintendent, supervisor or Prime Minister for proceeding with corrective
action, giving directions or taking a disciplinary action, without prejudice to the
power of the Court to inflict a punishment by reason of a contempt of court.
The performance of duties of the judge in charge of the case and the
administrative court official shall be in accordance with the regulation prescribed by
the general assembly of judges of the Supreme Administrative Court.
Section 58. Before the hearing day, the judge in charge of the case
shall deliver the case file to the judge who makes the conclusions for consideration
and the latter judge shall prepare a summary of issues of fact, issues of law and
opinions thereon to be submitted to the division carrying out the trial and adjudication
and shall give oral statements to
The division on the hearing day. For this purpose, the judge who
makes the conclusions has the right to be present at the hearing and at the meeting for
adjudication of the case but cannot cast a vote in the adjudication of such case.
In the hearing of any case, if the judge who makes the conclusions is of
the opinion that the facts for the trial and adjudication of the case have changed, the
judge shall prepare a new summary of issues of fact, issues of law and opinions
thereon for submission to the division conducting the trial and adjudication for further
consideration.
The Chief Justice of the Administrative Courts of First Instance or the
President of the Supreme Administrative Court shall appoint a judge who makes the
conclusions from administrative judges in that Court who are not judges in the
division carrying out the trial and adjudication of the case concerned.
The judge who makes the conclusions in the Supreme Administrative
Court may be appointed from administrative judges of the Administrative Courts of
First Instance.
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