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(영문) 서울고등법원 2012.11.06 2012누3257
독립유공자서훈취소결정무효확인등청구의 소
Text

1. Revocation of a judgment of the first instance;

All of the main and ancillary claims of this case shall be dismissed.

2...

Reasons

1. Details of the disposition;

A. In around 1990, the Defendant recommended the Minister of Government Administration of the Republic of Korea to grant a decoration to the person of distinguished services to the national independence to the deceased B (hereinafter “the deceased”).

B. The Minister of Government Administration submitted the proposal of the above decoration to the State Council pursuant to Article 7 of the Awards and Decorations Act. After deliberation by the State Council, the President decided the deceased as the recipient of the decoration, and the Minister of Government Administration who was in charge of the affairs of the decoration at the time delegated the notification of the determination of the above decoration to the Defendant. On December 26, 1990, the Defendant notified the Plaintiff of the fact that the deceased was subject to deliberation by the State Council, and that the deceased was subject to the determination of the decoration as the person of distinguished services to the national independence.

C. After that, the Defendant organized and examined the first and second screening committees for the revocation of decoration for the persons of distinguished services to the national independence, and subsequently requested the Minister of the Interior and Safety to submit a proposal for the revocation of decoration on November 19, 2010 on the ground that the deceased’s friendship was verified.

In accordance with the Ordinance of the Ministry of Public Administration and Security on December 21, 2010, the cancellation of decoration against the deceased was presented to the State Council on December 21, 2010. A resolution was postponed according to the opinion of the Prime Minister, which requires careful review, and after review by the Prime Minister for about three months, the agenda for cancellation of decoration was passed by the State Council on April 5, 201.

E. On April 6, 2011, the President of the Republic of Korea approved the cancellation of a decoration on the deceased by electronic document (hereinafter “decision to revoke the decoration of this case”) and the Prime Minister and the Minister of the Interior and Safety departmented.

F. The Minister of Public Administration and Security in charge of the duties of awards and decorations shall inform the Defendant’s Minister of Patriots and Veterans of the fact that a request for the cancellation of a decoration for a person of distinguished service to independence was made by the State Council and by the President’s re-determination as attached to the person subject to the revocation of decoration, and all the things awarded in relation to the decoration and its related matters.

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