Veterans or independence activists who fought against Japan during its occupation of the Korean Peninsula are eligible to file a legal complaint if they feel they were unlawfully denied decorations, the Seoul High Court said.

According to judicial sources on Friday, the appeals court overturned an earlier ruling that refused to look into a claim, raised by a man on behalf of his deceased father, demanding the veterans affairs agency recommend a decoration for his father, who the son claims was an independence fighter.

The president awards a decoration once the agency makes the recommendation. The agency refused to make the recommendation because it concluded that he had worked under the Japanese government in Korea during the colonial period.

A trial court sided with the agency but on different grounds. It dismissed the claim in light of the Supreme Court’s precedent that says awarding decoration is a political decision not subject to court review.

The appeals court, however, reversed the lower court’s decision, saying the agency’s refusal to make a recommendation robs the applicant of the opportunity to get his record reviewed by the president, adding the court needs to see if the agency administers a fair recommendation process.

The appeals court said it looked into the case, but found that the agency’s conclusion that the man had worked under the Japanese government was credible, so the agency’s decision not to make the recommendation was acceptable.

By Choi Si-young (siyoungchoi@heraldcorp.com)