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(영문) 서울행정법원 2016.07.14 2015구합12168
독립유공자공적부정심사부당처분취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

Basic Facts

The plaintiff (B) filed an application for a reward to the person of distinguished services to the national independence on the ground that "B has rendered distinguished services, such as promotion and enhancement of patriotism in China, and preparation for an armed war against the State."

On November 10, 2014, the Defendant notified the Plaintiff of the “Information on the Results of Public Examination of the Persons of Distinguished Services to the State of Distinguished Services to the State of Distinguished Services to the State of Distinguished Services to the State” under the provision that “B was unable to be included in the persons of distinguished services to the State of Distinguished Services

(hereinafter “instant notification”). The relevant statutes of this case are as shown in the attached Form.

[Ground of recognition] The facts without dispute, Gap evidence No. 1, and the plaintiff's argument B, the purport of the whole pleadings, from 1943 to 1944, were to conduct activities to inspire and enhance the patriotism among Koreans in China (many) in the roadside of the road from 1943 to 194, and were to conduct activities to prepare for the anti-Japanese armed attack as the independent salary force C from July 194 to August 194.

According to the documents submitted by the plaintiff, such facts are proved.

Nevertheless, the notice of this case which was not judged as the person of distinguished services to national independence is unlawful.

The defendant's assertion of this case as to this safety defense does not constitute "disposition" subject to administrative litigation.

Judgment

According to Article 2 (1) of the Administrative Litigation Act, "disposition, etc." means the exercise or refusal of public power as an enforcement of law with respect to specific facts by an administrative agency, and other corresponding administrative actions.

An administrative disposition, which is the object of an appeal litigation, refers to an act of an administrative agency’s public law, which is directly related to the rights and obligations of the people, such as ordering the establishment of rights or the burden of obligations pursuant to Acts and subordinate statutes, or giving rise to other legal effects, and it does not cause direct legal changes in the legal status of the other party or related persons.

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