독립유공자서훈취소결정처분취소
1. The disposition of revocation of decoration to the persons of distinguished services to the national independence on April 6, 2011 shall be revoked.
2. The costs of lawsuit shall be.
1. The following facts are acknowledged as follows: Gap evidence No. 1 and Gap evidence No. 2-1 based on the whole purport of the pleadings.
The father B, who is the father of the plaintiff (hereinafter referred to as the "the deceased"), was awarded the Order of Merit for the National Foundation as a person of distinguished services to the national independence in 190.
B. On April 6, 2011, the Defendant notified the Plaintiff that it is necessary to revoke decoration of the person of distinguished services to the national independence on the ground that, even though the deceased’s independent movement was recognized as a meritorious movement, comprehensively considering the pro-Japanese colonial rule and support activities for the aggressive War, etc., the Defendant should revoke decoration of the person of distinguished services to the national independence.
(hereinafter “Revocation of decoration of this case”)
2. The defendant asserts that the cancellation of the decoration of this case cannot be subject to administrative litigation due to lack of disposition, and that there is no legitimate legal interest to seek the cancellation of the decoration of this case, as it is based on the Awards and Decorations Act, which provides that the medal of this case, including the medal of this case, shall be effective only for the recipient of the medal of this case, and that no other legal, economic and social interest is granted to the recipient of the decoration of this case, in addition to the award of the decoration itself, and that the cancellation of the decoration of this case does not change the legal status of the deceased who is the recipient of the decoration of this case or deprive him of his legal interest.
However, if a decoration is revoked pursuant to Article 8 of the Awards and Decorations Act, not only the honor evaluation of the recipients of the decoration and their bereaved family members, but also the social evaluation of the recipients of the decoration is highly likely to be directly infringed on the personality rights of the recipients of the decoration and their bereaved family members. In particular, when the conferment of the Order of Merit is revoked on the grounds of friendship, such as the cancellation of the decoration of this case, the subjects of the decoration are the pro-Japanese actors, and their lineal descendants are their lineal descendants.