①A judgment to revoke an original administrative disposition or administrative determination is binding on the administrative authority that has made the original administrative disposition or administrative determination and any other relevant administrative authority with regard to the case.

②When a judgment is made to revoke an original administrative disposition that has dismissed an application with or without prejudice or to revoke an administrative determination that has dismissed a request for administrative review with or without prejudice, the administrative authority that has made the original administrative disposition or administrative determination must, according to the purport of the judgment, make another original administrative disposition on the application or another administrative determination on the request for administrative review.

③The provisions of the preceding paragraph apply mutatis mutandis where an original administrative disposition made based on an application or an administrative determination upholding a request for administrative review is revoked by a judgment by reason of an illegal procedural defect.

④The provisions of paragraph (1) apply mutatis mutandis to an order of stay of execution.

①Where a third party whose right is prejudiced by a judgment to revoke an original administrative disposition or administrative determination has failed to intervene in the action due to any grounds not attributable to that person and therefore failed to advance any allegation or evidence that should have affected a judgment, that person may file an action for retrial to enter an appeal against a final judgment that has become final and binding on the grounds of that failure.

②An action set forth in the preceding paragraph must be filed within 30 days from the day on which the third party became aware of the final and binding judgment.

③The period set forth in the preceding paragraph is an unextendable period.

④No action set forth in paragraph (1) may be filed when a period of one year has elapsed from the day on which the judgment became final and binding.

A final and binding judicial decision on the burden of court costs in an action wherein an administrative authority affiliated with the State or a public entity stands as a party or intervener is effective against or in the interest of the State or the public entity with which the administrative authority is affiliated.

An action for the declaration of nullity, etc. of an original administrative disposition or administrative determination may be filed only by a person who is likely to suffer damage from that original administrative disposition or any disposition following that administrative determination or any other person who has legal interest to seek the declaration of nullity, etc. of the original administrative disposition or administrative determination, where the person is unable to achieve the purpose by filing an action concerning the existing legal relationship which is based on the existence or non-existence of or validity or invalidity of the original administrative disposition or administrative determination.

An action for the declaration of illegality of inaction may be filed only by a person who has filed an application for an original administrative disposition or administrative determination.

①In the case set forth in Article 3, paragraph (6), item (i), a mandamus action may be filed only when any serious damage is likely to be caused if a certain original administrative disposition is not made and there are no other appropriate means to avoid that damage.

②When judging whether or not any serious damage would be caused as prescribed in the preceding paragraph, the court is to consider the degree of difficulty in recovering from the damage and to take into consideration the nature and extent of the damage as well as the content and nature of the original administrative disposition.

③A mandamus action set forth in paragraph (1) may be filed only by a person who has legal interest to seek an order to the effect that an administrative authority should make a certain original administrative disposition.

④The provisions of Article 9, paragraph (2) apply mutatis mutandis with regard to the judging of whether or not there is legal interest prescribed in the preceding paragraph.

⑤Where a mandamus action satisfies the requirements prescribed in paragraph (1) and paragraph (3), if it is found that the provisions of the laws and regulations which give a basis for an original administrative disposition pertaining to a mandamus action clearly show that the administrative authority should make the original administrative disposition, or it is found that the administrative authority's inaction to make the original administrative disposition goes beyond the bounds of the agency's discretionary power or constitutes an abuse of that power, the court makes a judgment to order that the administrative authority should make the original administrative disposition.

①In the case set forth in Article 3, paragraph (6), item (ii), a mandamus action may be filed only when any of the requirements listed in the following items is satisfied:

②A mandamus action set forth in the preceding paragraph may be filed only by a person who has filed an application or made a request for administrative review under the laws and regulations prescribed in each item of that paragraph.

③A mandamus action set forth in paragraph (1) must be filed by joining with it each of the actions specified in the following items according to the categories of cases listed in the respective items. In this case, if there are special provisions in any other law with regard to the jurisdiction over a suit pertaining to each of the actions specified in those items, those special provisions govern the jurisdiction over the suit pertaining to the mandamus action, notwithstanding the provisions of Article 12 as applied mutatis mutandis pursuant to Article 38, paragraph (1):

④Oral arguments and judicial decisions in a mandamus action and the action specified in each item of the preceding paragraph, which are filed and joined pursuant to the provisions of that paragraph, must not be made separately.

⑤Where a mandamus action satisfies the requirements prescribed in paragraph (1) to paragraph (3), if it is found that the claim pertaining to the action specified in each item of paragraph (3) is well-grounded, and it is also found that the provisions of the laws and regulations which give a basis for an original administrative disposition or administrative determination pertaining to a mandamus action clearly show that the administrative authority should make the original administrative disposition or administrative determination, or it is found that the administrative authority's inaction to make the original administrative disposition or administrative determination goes beyond the bounds of the authority's discretionary power or constitutes an abuse of that power, the court makes a judgment to order that the administrative authority should make the original administrative disposition or administrative determination pertaining to the mandamus action.

⑥Notwithstanding the provisions of paragraph (4), when the court finds, in consideration of the developments in proceedings and other circumstances, that it will contribute to more expeditious settlement of the dispute to make a final judgment only with regard to the action specified in each item of paragraph (3), the court may make a final judgment only with regard to that action. In this case, when the court has made a final judgment only with regard to that action, it may, until litigation proceedings for that action are completed, suspend litigation proceedings for a mandamus action, hearing opinions from the parties.

⑦A mandamus action set forth in paragraph (1) which seeks an order to the effect that an administrative authority should make a certain administrative determination may be filed only in cases where a request for an administrative review of the original administrative disposition has been made and no action for the revocation of the original administrative disposition or action for the declaration of nullity, etc. of the original administrative disposition may be filed.

①An action for an injunctive order may be filed only in cases where any serious damage is likely to be caused if a certain original administrative disposition or administrative determination is made; provided, however, that this does not apply if there are any other appropriate means to avoid that damage.

②When judging whether or not any serious damage would be caused as prescribed in the preceding paragraph, the court is to consider the degree of difficulty in recovering from the damage and to take into consideration the nature and extent of the damage as well as the content and nature of the original administrative disposition or administrative determination.

③An action for an injunctive order may be filed only by a person who has legal interest to seek an order to the effect that an administrative authority should not make a certain original administrative disposition or administrative determination.

④The provisions of Article 9, paragraph (2) apply mutatis mutandis with regard to the judging of whether or not there is legal interest prescribed in the preceding paragraph.

⑤Where an action for an injunctive order satisfies the requirements prescribed in paragraph (1) and paragraph (3), if it is found that the provisions of the laws and regulations which give a basis for an original administrative disposition or administrative determination pertaining to an action for an injunctive order clearly show that the administrative authority should not make the original administrative disposition or administrative determination, or it is found that the administrative authority's act to make the original administrative disposition or administrative determination goes beyond the bounds of the authority's discretionary power or constitutes an abuse of that power, the court makes a judgment to order that the administrative authority should not make the original administrative disposition or administrative determination.

①Where a mandamus action is filed, if there is an urgent necessity in order to avoid any damage that cannot be compensated, which would be caused due to an original administrative disposition or administrative determination pertaining to the mandamus action not being made, and the action on the merits seems well-grounded, the court may, upon petition, make an order to the effect that an administrative authority should make the original administrative disposition or administrative determination on a provisional basis (hereinafter referred to as a "provisional order of mandamus" in this Article).

②Where an action for an injunctive order is filed, if there is an urgent necessity in order to avoid any damage that cannot be compensated, which would be caused due to an original administrative disposition or administrative determination pertaining to the action for injunctive order being made, and the action on the merits seems well-grounded, the court may, upon petition, make an order to the effect that an administrative authority should not make the original administrative disposition or administrative determination on a provisional basis (hereinafter referred to as a "provisional injunctive order" in this Article).

③No provisional order of mandamus or provisional injunctive order may be made when that order is likely to seriously affect public welfare.

④The provisions of Article 25, paragraph (5) through paragraph (8), Article 26 through Article 28, and Article 33, paragraph (1) apply mutatis mutandis to the matters concerning a provisional order of mandamus or provisional injunctive order.

⑤When a provisional order of mandamus is revoked by a judicial decision on an immediate appeal set forth in Article 25, paragraph (7) as applied mutatis mutandis pursuant to the preceding paragraph or by an order set forth in Article 26, paragraph (1) as applied mutatis mutandis pursuant to the preceding paragraph, the administrative authority must revoke the original administrative disposition or administrative determination that it has made based on the provisional order of mandamus.

①The provisions of Article 11 through Article 13, Article 16 through Article 19, Article 21 through Article 23, Article 24, Article 33, and Article 35 apply mutatis mutandis to actions for the judicial review of an administrative disposition which are other than actions for the revocation of an administrative disposition.

②The provisions of Article 10, paragraph (2) apply mutatis mutandis where both an action for the declaration of nullity, etc. of an original administrative disposition and an action for the judicial review of an administrative disposition against an administrative determination that has dismissed a request for an administrative review of that original administrative disposition may be filed, and the provisions of Article 20 apply mutatis mutandis where an action for the declaration of nullity, etc. of an original administrative disposition may be filed by joining it with an action for the judicial review of an administrative disposition against an administrative determination that has dismissed a request for an administrative review of that original administrative disposition.

③The provisions of Article 23-2, Article 25 through Article 29, and Article 32, paragraph (2) apply mutatis mutandis to an action for the declaration of nullity, etc.

④The provisions of Article 8 and Article 10, paragraph (2) apply mutatis mutandis to an action for the declaration of illegality of inaction.