훈장수여거부처분취소
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The plaintiff asserted that the plaintiff was unable to carry out a major in a series of operations from August 18, 1966 to July 23, 1967, which were Vietnam Wared during the period from January 28, 1967. Thus, the defendant is obligated to recommend the plaintiff as the subject of the Order of the Military Merit.
2. Whether the lawsuit of this case is lawful
A. The Plaintiff filed a claim against the Defendant to the effect that the Plaintiff recommended the Plaintiff as the subject of the Order of Military Merit, but the so-called performance lawsuit, which orders an administrative agency to actively perform a certain act under the current Administrative Litigation Act, is not allowed (see Supreme Court Decision 91Nu4126, Feb. 11, 1992). The instant lawsuit is unlawful.
B. Furthermore, even if the Plaintiff’s purport of the claim is deemed to have been sought to confirm that the omission, which was not recommended as the object of the Order of the Military Service Merit, is unlawful, a lawsuit seeking confirmation of illegality of omission may be brought only by a person who filed an application for a disposition and has legal interest in seeking confirmation of illegality of omission (Article 36 of the Administrative Litigation Act). In cases where a party did not file an application with an administrative agency for an administrative act, or a party does not have any legal or logical right to demand that such administrative act be carried out, it cannot be said that there is no standing to sue or illegal omission which is the object of the appeal litigation, and thus, the lawsuit seeking confirmation of
(See Supreme Court Decision 2005Du7853 Decided October 26, 2007). However, Article 80 of the Constitution provides that “The President shall award a decoration or any other medal under the conditions as prescribed by Act.” Accordingly, the Awards and Decorations Act and the Enforcement Decree thereof provide for the type, standards, procedure, etc. of decoration.
Specifically, Article 5 (1) of the Awards and Decorations Act shall be recommended by the head of the central administrative agency (including the heads of direct agencies under the direct control of the President and the Prime Minister), the Secretary General, and the President.