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1. It is confirmed that the disposition of revocation of decoration to the persons of distinguished services to the national independence against the deceased B as of April 19, 201 is null and void.
2...
Reasons
1. Details of the disposition;
A. The Plaintiff’s father B was awarded the Order of Merit to the persons of distinguished services to the national independence in 190.
B. On April 19, 2011, the Defendant notified the Plaintiff of the purport that the revocation of decoration for the persons of distinguished services to the national independence should be revoked on the ground that, even though the deceased’s independence movement is recognized, in full view of the fact that it is necessary to revoke decoration by taking into account the participation in the organization of day and the friendship of the class of day-day.
(hereinafter “Revocation of the decoration of this case”) 【Ground of recognition’s absence of dispute, entry of Gap’s evidence No. 1 and purport of whole pleading
2. The defendant asserts that the revocation of the decoration of this case cannot be subject to administrative litigation due to lack of disposition, as it is based on Article 11(3) of the Constitution that only takes effect on the recipient of the decoration, and that any privilege does not comply with it, and the Awards and Decorations Act that does not grant other legal, economic and social benefits to the recipient of the decoration, etc., and it does not change the legal status of B as a result of the revocation of the decoration of this case, nor is it deprived of legal benefits. In particular, since the case of lineal descendants who are not the other party of the decoration, such as the plaintiff, is more and more, the revocation of the decoration of this case cannot be subject to administrative litigation due to lack of disposition, and there is no legitimate legal interest to seek the revocation of the decoration of this case to the plaintiff.
However, if a decoration is revoked pursuant to Article 8 of the Awards and Decorations Act, it is highly likely that the personality rights of the recipients of the decoration and their bereaved family members would be directly infringed due to not only the honoral sentiment of the recipients of the decoration and their bereaved family members, but also the social reputation of the recipients of the decoration and their bereaved family members. In particular, if the conferment of the Order of Merit is revoked on the grounds of friendship, such as the cancellation of the decoration in this case, the subjects of the decoration are the pro-Japanese, and their lineal descendants are assessed as descendants of the pro-Japanese, and thereby, the degree of