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(영문) 서울고등법원 2015.03.31 2014누7888
서훈취소처분취소
Text

1. (The plaintiff's claim against the defendant corrected in the trial) is dismissed;

2. The total cost of the lawsuit is the defendant.

Reasons

1. Details of disposition;

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

As the Intervenor changed the Order of Merit to Grade 5, which was amended by Act No. 422 on January 13, 1990, by Act No. 422 on January 13, 1990, the Awards and Decorations Act was amended to Grade 3, around 1990, the Intervenor followed the examination process to raise the degree of decoration in a lump sum for the National Foundation Medal and 2,979. At the time, the Intervenor recommended the Minister of Government Administration, who was in charge of the affairs pertaining to the Awards and Decorations, on the ground that he/she recommended the Order of Merit on the ground that he/she was meritorious as the following persons of distinguished services to the national independence (hereinafter referred to as “the Order of Merit”).

[Admonicalism] The Deceased is playing an independence 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. Around 1990, the recommendation of decoration against the deceased was intended to determine whether the National Foundation Medal, which was inferred in 1982 as above, was awarded the Order of Merit, and there was no data other than the review data in the form of the list, and there was no data at the time of the deceased’s receipt of the National Foundation Medal in 1982 except the present public record.

C. After deliberation by the State Council around 1990, the Defendant decided the deceased as the subject of decoration. The Minister of Government Administration delegated the intervenor to notify the intervenor of the determination of decoration, and the intervenor notified the Plaintiff of the determination of decoration by the Director of the National Foundation of the Order of Merit after deliberation by the State Council around 1990.

On November 19, 2010, the intervenor requested the Minister of the Interior and Safety to submit a proposal on the cancellation of decoration on the ground that the deceased's friendship was confirmed, and thus, constitutes "the case where a meritorious deed is proved to be false" as provided for in Article 8 (1) 1 of the Awards and Decorations Act.

(e).

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