독립유공자서훈취소결정취소
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The following facts are recognized in light of the overall purport of the pleadings in each entry in Gap evidence Nos. 1 to 3, 8, 9, 11, 12, Eul evidence Nos. 1 to 14, and 18 (including paper numbers):
[1] Around July 1990, the Minister of Patriots and Veterans Affairs prepared a public protocol on the Plaintiff’s license B.
위 공적조서의 내용은, B이 신간회 광주지회에서 활동하면서 1929. 11.경 광주학생운동으로 피체(被逮)된 구속학생의 석방을 전국적인 여론으로 확산시키기 위하여 C과 함께 서울에 상경하여 활동하다
피체(被逮)되어 징역 2년 6월을 받아 옥고를 치른 공적이 인정되어 건국훈장 애족장에 해당하는 분으로 사료된다는 것이었다.
Accordingly, on August 15, 1990, the President awarded the Order of Merit to the Deceased.
At the time of the award, a decoration (No. 3) was issued under the name of the President, and the name of the President, the Prime Minister, and the Minister of Government Administration was stated in this decoration, and the official seal of the President and the Minister of Government Administration was stamped.
[2] Around January 1991, B died (hereinafter “the deceased”), and around March 2004, around 13 years thereafter, the Special Act on Finding the Truth of Anti-National Acts under the Japanese colonial Rule was enacted, and around December 2009, the “Research Institute on the Korean National Issues of Incorporated Association” published the “The Pro-Japanese Day” containing 4,389 persons.
On February 2010, the Defendant sent to the Plaintiff a document (Evidence A No. 1-1) stating the “Information on the Submission of Materials Relating to Publicities of Persons of Distinguished Service to Independence,” and notified the Plaintiff of the fact that the deceased was recorded in the foregoing pro-Japanese pre-so-so-so-called “Information on the Submission of Materials Relating to Publicities of Persons of Distinguished Service to Independence,” and that the documents were reflected in the Committee’s review to discuss whether
[3] On November 11, 2010 and November 15, 2011, the Defendant’s “Examination Committee for Revocation of a decoration for an independent merit” passed a resolution on the revocation of decoration for the Deceased.
On November 23, 2010, the defendant revoked decoration to the deceased to the Minister of the Interior and Safety.