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(영문) 서울고등법원 2015.05.28 2014누7574
독립유공자서훈취소결정처분취소
Text

1. The plaintiff's claim against the defendant corrected in the trial room is dismissed.

2. The total cost of the lawsuit shall be the defendant's participation.

Reasons

1. Details of the disposition;

A. A. Around January 1952, 1952, the Plaintiff’s attachment B died. Around July 1990, the Intervenor planned an independent tax demonstration from a fish shed in the same age group and prepared a majority, such as an independent declaration of declaration, etc. on March 18, 1919, and led to an independent tax demonstration along with a majority of the military.

After being arrested for one year of imprisonment, a public protocol was prepared to the effect that it was recognized to have contributed to the garment of the Order of Merit for National Foundation.

B. Accordingly, on August 15, 1990, the Defendant: (a) served on the Deceased with the Order of Merit of the National Foundation; (b) issued the said Order of Merit (Evidence No. 1) under the name of the Defendant at the time of the said Order of Merit.

C. From March 2004, about 14 years later, the Special Act on Finding the Truth of Pro-Japanese Acts under the Japanese colonial Rule was enacted. Around November 2009, “The Committee for Finding the Truth of Pro-Japanese Acts” established under the said Act published a list of pro-Japanese actors around 1,005, and around December 2009, the “Research Institute on the Korean National Issues of Incorporated Association” published “The Pro-Japanese Day of 4,389” containing 4,389.

On February 2, 2010, the intervenor sent to the plaintiff a document (No. 18-1 of the evidence No. 18) stating the "Guidance for Submission of Materials Related to Publicities of Persons of Distinguished Services to Independence" (the document No. 18-1 of the evidence No. 18), which was included in the list of persons of distinguished services to the plaintiff, and was contained in the above-day list, so the intervenor changed the transmission of the supporting documents, and the explanation was notified that it reflected in the review of the committee

E. On November 11, 2010 and November 15, 2010, the “Examination Committee on Revocation of decoration for Independent Merits,” which belongs to the Intervenor, passed a resolution on revocation of decoration for the Deceased.

F. On November 23, 2010, the Intervenor requested the Minister of the Interior and Safety to revoke the decoration to the Deceased. Accordingly, the Minister of the Interior and Safety submitted a proposal to revoke the decoration to the State Council. On April 5, 2011, the State Council revoked the decoration to the Deceased.

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