If a government agency makes a determination in a review of civil servants that a civil servant is not qualified to serve or should be demoted, this determination has a material effect on his or her constitutional guarantee to serve in the government.　Therefore, he or she may bring an administrative appeal or administrative litigation in accordance with law.　This position is reflected in our Interpretation No. 323.　Judicial Precedents 57-Pan-414 and 59-Pan-400 of the Administrative Court shall cease to be applied henceforth.　Our Interpretation No. 323 is also hereby amended.

　　　 Whether a civil servant receiving an administrative sanction may bring an administrative litigation depends on the nature of the sanction.　This position is clear from our previous Interpretations Nos. 187, 201, 243, 266 and 312.　If it is one that is sufficient to change his or her status as a civil servant, or one that constitutes a material disciplinary sanction of a civil servant, then the civil servant subject to such a sanction may seek relief with the competent judicial authorities that are charged with reviewing such disciplinary matters.　This position is also made clear in our Interpretation No. 298.　In addition, if persons who wish to serve as civil servants with various government agencies receive a review by the agencies in charge of personnel that determine such persons should not be qualified or should be demoted, this decision materially adversely affects the constitutional guarantees of serving in the government.　If these persons undergo a legal procedure for reconsideration and still challenge the same determination of the reconsideration proceedings, they surely may seek administrative appeal or litigation.　This position is reflected in our Interpretation No. 323.　By the same logic, if a civil servant challenges a determination of his or her rank and pay scale, surely he or she may also seek administrative appeal or litigation.　Judicial Precedents 57-Pan-414 and 59-Pan-400 of the Administrative Court shall cease to [no longer?] be applied henceforth.　Our Interpretation No. 323 is also hereby amended.