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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The content of the instant lawsuit and the Defendant’s principal safety defense in the instant lawsuit, asserting that the Plaintiff was unable to arrest the espionage while serving as the Seoul police station D’s poorness from 1975 to April 1980, the Plaintiff sought confirmation as to the invalidity of illegality by failing to issue the Order of National Security Merit to the Plaintiff, who was a public official in relation to the arrest of espionage B (hereinafter “part A”), and sought confirmation as to the invalidity of illegality by failing to issue the Order of National Security Merit to the Plaintiff in relation to the arrest of espionage (hereinafter “part A”), and ② failure to express the Plaintiff, who was a public official in relation to the arrest of espionage, and failure to issue the Order of National Security Merit to the Plaintiff.
(2) As to the lawsuit of this case, the defendant does not have standing to sue required for the confirmation of illegality of omission, or it cannot be deemed that there is an illegal omission that is the object of an appeal litigation, and thus, the lawsuit of this case is unlawful.
2. Determination
A. A lawsuit seeking confirmation of illegality of an omission is instituted only by a person who has filed a request for a disposition and has legal interest in seeking confirmation of illegality of an omission (see Article 36 of the Administrative Litigation Act). Where a party fails to file a request with an administrative agency for an administrative act, or a party does not have any legal or logical right to demand such administrative act, etc., the lawsuit seeking confirmation of illegality of the omission shall be deemed unlawful on the ground that no standing to sue exists or it cannot be deemed that an illegal omission subject to an appeal litigation exists.
(See Supreme Court Decision 2005Du7853 Decided October 26, 2007). B.
(1) Article 80 of the Constitution provides that “The President shall award a decoration or any other medal under the conditions as prescribed by Act.” Accordingly, the Awards and Decorations Act and the Enforcement Decree thereof provide for the kinds, standards, procedures, etc. of decoration.
. Specifically;