1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. The Plaintiff filed an application with the Defendant for recommendation of additional decoration on the ground that the Plaintiff participated in the Korean War on June 25, 200 and served as a public figure.

B. On June 3, 2015, the Defendant notified the Plaintiff of the purport that “The recommendation of additional decoration was made only by an individual combat attack, which constitutes the personal real name and the Order of Military Merit, based on objective data, such as the Korean War History, compiled at the Ministry of National Defense and the Army,” but it was rejected as a result of the deliberation by the Committee on Deliberation on Additional Decoration for 2015 because it was not verified by such objective data.”

(hereinafter “Notification of this case”). 【No dispute exists, entry of Gap evidence Nos. 3 and 4, and 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 legal or logical right to demand the Defendant to make a decoration recommendation. Thus, the instant notification does not constitute an administrative disposition that is subject to an appeal litigation.

(b) as shown in the attached Form of the relevant statutes;

C. If an administrative agency’s rejection of a citizen’s petition constitutes an administrative disposition that is subject to an appeal litigation, the administrative agency’s right to request a citizen’s action must be the citizen. If an administrative agency does not accept a citizen’s petition without the basis of the right to request a citizen’s request, the rejection does not affect the applicant’s right or legal interest, and thus, it cannot be deemed an administrative disposition that is subject

(See Supreme Court Decision 2004Du11626, Apr. 15, 2005, etc.). Meanwhile, Article 80 of the Constitution provides that “The President shall award orders and other decorations under the conditions as prescribed by Act.” Accordingly, the Awards and Decorations Act and the Enforcement Decree thereof provide for the kinds, standards, procedures, etc. of decorations.