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(영문) 서울행정법원 2015.01.15 2014구단56539
독립유공자 서훈 포상 반려처분취소 청구
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. On August 8, 2014, the fact that the Defendant informed the deceased’s father B (hereinafter “the deceased”) that the deceased’s failure to be eligible for the reward was not disputed between the parties or recognized by the evidence No. 5, because it is unclear whether the deceased’s independent movement was a type of punishment at the time of the deceased’s independent movement (hereinafter “instant notification”) as a result of a public examination of the Plaintiff’s deceased father B (hereinafter “the deceased”).

2. The plaintiff's judgment as to the legitimacy of the lawsuit is unfair because it is not possible for the deceased to receive a decoration as a person of distinguished services to the national independence on the ground that, although the deceased participated in the case of the Mag-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-law as part of the independence movement around October 1943 and was sentenced to imprisonment for two years and six months for the case of the violation of the Public Security Act, unlike other persons related to the North Ma-ri-ri

If an administrative agency’s rejection of a citizen’s petition constitutes an administrative disposition that is subject to an appeal litigation, the administrative agency’s right to request the action of the administrative agency under law or sound reasoning must be required to its citizen. If an administrative agency refuses to accept a citizen’s petition without such a basis, the rejection does not affect the applicant’s right or legal interest, and it cannot be deemed an administrative disposition subject to an appeal litigation

(See Supreme Court Decisions 95Nu13081 delivered on May 14, 1996, 98Du8094 delivered on July 28, 1998, and 2002Du12489 delivered on October 23, 2003, etc.). However, according to Article 80 of the Constitution of the Republic of Korea, the President grants orders and other honors as prescribed by Act, and stipulates matters concerning decoration in the Awards and Decorations Act. Thus, the President’s granting orders and other honors is the head of the State.

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