Where 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).
Where 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).
No provisional order of mandamus or provisional injunctive order may be made when that order is likely to seriously affect public welfare.
The 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.
第二十五条第五項から第八項まで、第二十六条から第二十八条まで及び第三十三条第一項の規定は、仮の義務付け又は仮の差止めに関する事項について準用する。
When 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.