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(영문) 서울고등법원 2015.05.28 2014누7895
독립유공자서훈취소결정취소
Text

1. The plaintiff's claim against the defendant corrected in the trial room is dismissed.

2. The total cost of the lawsuit is resulting from the intervention in the lawsuit.

Reasons

1. The following facts are acknowledged in light of the overall purport of the pleadings in each of the statements in Gap evidence Nos. 1 to 3, 8, 9, 11, 12, Eul evidence Nos. 1 to 14, 18 (including paper numbers; hereinafter the same shall apply).

[1] Around July 1990, the Intervenor prepared a public protocol on the Plaintiff’s referred B.

위 공적조서의 내용은, B이 신간회 광주지회에서 활동하면서 1929. 11.경 광주학생운동으로 피체(被逮)된 구속학생의 석방을 전국적인 여론으로 확산시키기 위하여 C과 함께 서울에 상경하여 활동하다

피체(被逮)되어 징역 2년 6월을 받아 옥고를 치른 공적이 인정되어 건국훈장 애족장에 해당하는 분으로 사료된다는 것이었다.

Accordingly, the defendant awarded the Order of Merit to B on August 15, 1990.

[2] B died around January 1991.

After that, on March 2004, the Special Act on Finding the Truth of Anti-National Acts under the Japanese colonial Rule was enacted, and around December 2009, the Korean Research Institute of Korean Studies published the “De-Japanese Life Preliminary” containing 4,389 persons.

B (hereinafter referred to as “the deceased”) was recorded in the foregoing pro-Japanese pre-de list.

On November 11, 2010 and November 15, 2010, “The Review Committee for the Revocation of a decoration for Independent Persons of Distinguished Service”, which belongs to the Intervenor, decided to revoke the decoration for the Deceased. On April 5, 2011, the State Council passed a resolution to revoke the decoration for the Deceased.

B Selectives presented the Order of Merit from the government in 1990 with the merit of participating in the Japanese colonial independence movement. However, in 209, it is known that the Order of Merit of the persons of distinguished services to national independence was revoked due to the discovery of public defects in relation to the Japanese colonial rule.

This is widely understood that it is based on the judgment that cancellation of decoration should be made in comprehensive view of the friendly issues, such as publication and publication of friendly magazines, even though it is recognized that B had performed an independence movement during the Japanese colonial period, it is based on the judgment that cancellation of decoration is reasonable.

Accordingly, it.

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