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(영문) 서울고등법원 2012.12.05 2012누8467
서훈취소처분취소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Details of disposition;

A. The Plaintiff’s father and father B (hereinafter “the deceased”) received the National Foundation Medal from the President around 1982.

As the Defendant changed the Order of Merit to Grade 5, which was amended by Act No. 422 on January 13, 1990, by Act No. 422, the Awards and Decorations Act to Grade 3, the Defendant followed a procedure to re-examine the existing National Foundation Medal and the Presidential 2,979, in a lump sum. At the time, the Defendant recommended the Minister of General Affairs who was in charge of the affairs pertaining to the Awards and Decorations to the deceased on the ground of the following decoration (hereinafter referred to as “the first decoration”).

In March 1919, the Deceased is playing an independent movement from C to C in March 1919.

Miscellaneous imprisonment was sentenced to six-month imprisonment.

At the time of July 1920, the Deceased was sentenced to imprisonment with prison labor for three and a half years and six months due to the act of killing the friendly head of the Gu, who was an executive officer of the Korea Independent Group D branch.

B. Since the 1990 decoration recommendation against the deceased was to determine whether it would raise the National Foundation Medal that was inferred in 1982 as above, there is no other data than the review data in the form of a list, and when the deceased received the National Foundation Medal in 1982, the data cannot be said to be a public record.

C. After deliberation by the State Council in around 1990, the President determined the deceased as the subject of decoration. The Minister of General Affairs delegated the Defendant to notify the Defendant of the determination of decoration, and the Defendant notified the Plaintiff of the fact that the deceased was determined as the subject of decoration as the subject of distinguished service to the national independence after deliberation by the State Council, around 1990.

On November 19, 2010, the Defendant requested the Minister of Public Administration and Security to submit a proposal on the cancellation of decoration on the ground that the deceased’s pro-Japanese record was confirmed, and thus, constitutes “the case where a meritorious deed is proved to be false” under Article 8(1)1 of the Awards and Decorations Act.

E. The Minister of the Interior and Safety presented to the State Council an agenda item to revoke decoration, and the agenda item shall be subject to the State Council on April 5, 201.

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