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(영문) 서울행정법원 2010.12.23 2009구합51025
친일반민족행위자지정처분취소
Text

1. The Anti-Nationalism Commission established the truth-finding Council on May 11, 2009, anti-national acts under the Japanese colonial rule.

Reasons

1. Details of the disposition;

A. On Nov. 12, 2007, the commission of this case selected the Plaintiff’s father B (C-3 to Aug. 1, 1957) as a person subject to investigation of pro-Japanese acts, and decided on May 11, 2009 as follows by pro-Japanese act under subparagraphs 7, 17, and 19 of Article 2 of the Special Act.

(1) On October 7, 1910, the net B maintained the commission of D’s act from the Japanese colonialism (hereinafter “Japan”) on August 15, 1945.

This constitutes “act of receiving or succeeding to a commission by the contribution to the merger between Korea and Japan” under Article 2(7) of the Special Act.

(2) From July 1939, 1939, the Department of Shipbuilding sent the EM’s ordinary members of the EM, which is the exhibition control organization organized by the Department of Shipbuilding with various official organizations and non-governmental organizations. From November 1, 1940 to May 1942, 1942, EM expanded and revised by EMM, the central members of EM, the central members of EM, the external members of EM, the central members of EM, who were the external members of EM.

This is the head or executive officer of the major external group of the governing body of the Japanese colonialism, which is stipulated in Article 2, subparagraph 17 of the Special Act, and is the act of actively cooperating in the colonial rule and the war of aggression of Japanese colonialism.

(3) On January 13, 1911, the deceased B obtained 168,000 G from Japan, and received 168,000 G. On August 1, 1912, 1912, the deceased B was recognized as “a person who received an act or a gift of a person who has rendered distinguished services to one another in one-day relationship, and received H.” On December 7, 1912, she was committed respectively on December 5, 1912, 196, i.e., Order 4, 1916; Order 1, 14, Jan. 14, 1935.

This constitutes “a person who was awarded a reward or decoration in cooperation with the Japanese colonial rule and the war of aggression” as stipulated by Article 2(19) of the Special Act, and who significantly cooperates with the Japanese colonial rule.

B. As the period of the commission’s activity expired on November 30, 2009, the Defendant succeeded to the authority pertaining to the instant disposition.

[Ground of recognition] Facts without dispute, Gap evidence 1-1 and 2, the purport of the whole pleadings

2. The merits;

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