친일반민족행위결정처분취소
All appeals are dismissed.
Costs of appeal shall be borne by each party.
The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).
1. Regarding the plaintiffs' grounds of appeal
A. Article 2 of the Special Act on Finding the Truth of Anti-National Acts under the Japanese colonial Rule (hereinafter “The Anti-National Finding Act”) provides that “an act of anti-nationalism” shall be construed as “an act falling under any of subparagraphs 1 through 20-friendly and anti-national acts committed from the beginning of the Japanese War before the Japanese War during which the invasion of national sovereignty has started,” and stipulates that “an act of anti-nationalism is listed in subparagraphs 1 through 20-friendly and anti-national acts.” From among them, subparagraph 11 of the said Act provides that “an act of leading the promotion, inciting, or forcing the military discipline or requisition at a nationwide level, as the head or executive officer of the major external group of the governing body of the Japanese colonial rule, who is the head of the Japanese colonial rule, actively cooperated in the Japanese colonial rule and the war of aggression.”
B. The lower court, on the grounds indicated in its reasoning, determined as follows.
(1) In light of the facts in the judgment regarding the participation of the deceased C in an audit and congratulatory contest for the performance of the sanctions system, and the obscenity and instigates of the soldiers and soldiers, it is reasonable to view that the act listed in the table 1 attached to the judgment below by the deceased constitutes an act of leading or instigating a student’s disease, volunteer soldier’s disease, or requisition at a nationwide level.
(2) According to the facts stated in the judgment on the deceased’s activities such as the deceased’s activities as members of the Council, and the activities of the executive director director, director, member of the Council, etc., it is reasonable to view the act listed in the table 3 of the judgment below of the deceased’s judgment as the head or executive of the major external group of the governing body of Japan’s sovereignty as the head or executive of the external group of the governing body of Japan, which actively cooperates in the colonial rule
(3) Although the deceased participated in the 31 Movement and operated G death and H schools, as alleged by the plaintiffs, the preservation of national culture is overcoming.