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1.The judgment of the first instance shall be modified as follows:
The plaintiff's action against the defendant and the President of the Republic of Korea.
Reasons
1. Details of the disposition;
A. In around 1990, the Minister of Patriots and Veterans Affairs 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 Plaintiff’s lighting B (alias C; hereinafter “the deceased”).
B. The Minister of Government Administration submitted the proposal for the decoration to the State Council pursuant to Article 7 of the Awards and Decorations Act, and the President, after deliberation by the State Council, decided the deceased as the recipient of the decoration, and the Minister of Government Administration, who was in charge of the affairs related to the decoration at the time, delegated the Defendant Minister to notify the fact of the determination of the decoration to the Minister of Patriots and Veterans, and notified the Plaintiff of the fact that the deceased was determined as the person of distinguished service to the national independence after deliberation by the State Council on December 26, 1990.
C. After doing so, the Defendant Minister of Patriots and Veterans Affairs constituted a review of the first and second review committees for the revocation of decoration for the persons of distinguished services to the national independence, and requested the Minister of the Interior and Safety to submit proposals 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 Defendant President made a decision to revoke a decoration by approving the revocation document of decoration on the deceased in electronic form (hereinafter “decision to revoke a 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 award affairs is to determine that the case requesting the Minister of Patriots and Veterans Affairs to revoke the decoration of a person of distinguished service to independence is the same as the case where the person subject to revocation of decoration was attached to the State Council’s resolution and the President