logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2012.12.27 2012누5369
독립유공자서훈취소결정무효확인등
Text

1. The defendant's appeal is all dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Details of the disposition;

A. On November 1, 1905, Plaintiff A’s assistance and Plaintiff B’s contribution to the evidence of Plaintiff B (hereinafter “the deceased”) received the Order of Merit of 1962, on the ground that Plaintiff A, as a journalist from around 1899 to 1908, had contributed to carrying out and publishing “private E” in the D newspapers at the time of the 2ndm of the 2nd of the 1905 War.

B. On November 19, 2010, the Defendant requested the Minister of the Interior and Safety to submit a proposal on the cancellation of decoration of the above Order of Merit of the National Foundation on the ground that it constitutes “the case where the achievement of decoration is proved to be false” under Article 8(1)1 of the Awards and Decorations Act, on the ground that the deceased’s pro-Japanese work, as a guest reporter of F from 1913 to 1918, published a majority of articles that encourage Japanese colonial policies.

C. Upon the above request, the Minister of the Interior and Safety presented the agenda for the revocation of decoration to the State Council, and the agenda was resolved by the State Council on April 5, 201, and the President made an electronic decision on April 6, 201 in the document for the revocation of decoration to the Deceased.

On April 6, 2011, the Minister of the Interior and Safety notified the Defendant of the purport that “The case of requesting the cancellation of a decoration for the person of distinguished service to independence shall be determined by the State Council’s resolution and by the President at home and by taking measures to recover all the orders and related articles awarded in accordance with Article 8(1) of the Awards and Decorations Act and the Presidential Decree.”

E. On April 19, 2011, the Defendant notified the Plaintiff that his decoration to the persons of distinguished services to the national independence should be revoked on the ground that, even though the independence movement of the deceased was recognized, the Defendant should comprehensively take account of the kind of friendship, such as taking the writing that encourages the Japanese colonial policy at the pro-Japanese newspaper, etc.

(hereinafter “Revocation of the decoration of this case”). The detailed details of the notification are as follows:

【Notification of Decision of Revocation of a decoration for Independent Service】

1.With respect to the decoration of the persons of distinguished services to national independence, the following shall be made:

arrow