①In an action for the revocation of an administrative disposition, the court may dismiss a claim with prejudice on the merits in cases where the original administrative disposition or administrative determination is illegal but the revocation thereof is likely to seriously affect public welfare, if the court, having considered the extent of any possible damage to be suffered by the plaintiff, the extent and method of compensation for or prevention of that damage and all other circumstances concerned, finds that the revocation of the original administrative disposition or administrative determination is not in line with public welfare. In this case, the court must declare the illegality of the original administrative disposition or administrative determination in the main text of the judgment of dismissal.

②The court, when it finds it appropriate, may declare the illegality of an original administrative disposition or administrative determination by a judgment before making a final judgment.

③The court may cite a judgment set forth in the preceding paragraph when stating the facts and reasons in a final judgment.