2. The costs of lawsuit shall be borne by the Plaintiff.

A. The Plaintiff filed a motion against the Defendant to recognize his spouse B (hereinafter “the deceased”) as a person subject to an additional decoration for the Korean War.

B. On July 2, 2018, the Defendant issued a notice to the Plaintiff to the effect that “the recommendation was rejected in accordance with the result of the evaluation of additional decoration, since the fact of the deceased’s contribution to combat has not been verified” (hereinafter “instant notice”).

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether the lawsuit of this case is lawful

A. The Defendant’s defense prior to the merits cannot be deemed to have a right under the law or sound reasoning demanding the Defendant to recognize the Deceased as a person subject to additional decoration. Thus, the instant notification does not constitute an administrative disposition that is subject to appeal litigation.

(b) The details of the relevant statutes are as shown in the attached statutes.

C. 1) In a case where an administrative agency’s refusal against a citizen’s application constitutes an administrative disposition that is subject to appeal litigation, the right to request an administrative agency’s action must be the citizen. In a case where an administrative agency refuses to accept a citizen’s application without the basis of the right to request such an administrative agency, the refusal does not affect the applicant’s right or legal interest, and thus, it cannot be deemed an administrative disposition that is subject to appeal litigation (see, e.g., Supreme Court Decision 2004Du11626, Apr. 15, 2005). Meanwhile, Article 80 of the Constitution provides that “the President shall award a decoration and other honor as prescribed by Act,” and accordingly, the Awards and Decorations Act and its Enforcement Decree provide for the type, standards, procedure, etc. of decoration.

Specifically, Article 5 (1) of the Awards and Decorations Act includes the heads of central administrative agencies, subordinate agencies, and the heads of subordinate agencies under the direct jurisdiction of the Prime Minister.

The President of the National Assembly, the Minister of Court Administration, the president of the Constitutional Court, and.