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1. The Minister of Patriots and Veterans Affairs revoked the revocation of decoration to the persons of distinguished services to the national independence on April 19, 201.
2...
Reasons
1. Details of the disposition;
A. On December 26, 1990, the Plaintiff’s lighting B (alias C; hereinafter “the deceased”) was awarded the Director General of the National Foundation of Merit as the person of distinguished services to the national independence.
B. On April 19, 2011, Defendant Minister of Patriots and Veterans notified the Plaintiff of the purport that “the deceased’s independence movement is recognized, but the deceased’s independence movement should be revoked based on the fact that the deceased’s friendly behavior such as the executives of the society is reasonable.”
(hereinafter “Revocation of decoration of this case”). [The grounds for recognition: Facts without dispute, Gap evidence Nos. 1 and 2, Eul evidence No. 1-1 and 2, the purport of the whole pleadings]
2. Determination by the Minister of Patriots and Veterans Affairs on the defenses before the merits of the case
A. The same is not to change the legal status of the deceased, who is the other party to the decoration, due to the cancellation of the decoration of this case based on the Awards and Decorations Act by the Minister of Patriots and Veterans Affairs, or to deprive him of the legal interest. In particular, the case of lineal descendants who are not the other party to the decoration, such as
In addition, even if the legal status of the plaintiff, a successor of the deceased, has any impact, it is not a cancellation of the decoration of this case, but a result of the exclusion measures based on the Act on the Honorable Treatment
Therefore, the revocation of decoration of this case cannot be subject to administrative litigation due to lack of disposition, and there is no legal interest to seek revocation from the plaintiff.
B. Where a decoration is revoked pursuant to Article 8 of the former Awards and Decorations Act (amended by Act No. 10985, Aug. 4, 2011; hereinafter the same), there is a high possibility that the personality rights of the recipients of decoration and their bereaved family members may be directly infringed due to not only the honor sentiment of the recipients of decoration and their bereaved family members, but also the social evaluation of their honor.
In particular, where the award of the Order of Merit is cancelled on the grounds of friendship, such as the cancellation of the decoration of this case, the person subject to the Order of Merit.