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(영문) 서울서부지방법원 2016.08.10 2016가합455

당회결의 및 제직회결의 무효확인

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1. Of the instant lawsuit, each of the resolution of the political party set out in [Attachment 3 and 5] and each of the resolution of the removal from office set out in [Attachment 2] and [Attachment 6].

Reasons

1. Basic facts

A. Status of the persons concerned with the case and the structure of the defendant church 1) The defendant shall hold a general assembly of A religious organizations (hereinafter “general assembly”).

(C) an affiliated C non-governmental association (hereinafter referred to as “C”).

The branch church belonging to the defendant is the defendant's member, and D is the defendant's member pastor, Eul is the defendant's member pastor, Eul is the defendant's member pastor, and F is the defendant's head. 2) The members of a church are divided into "air-time position" whose retirement age is guaranteed and "temporary position" during one year's term of office. The anti-permanent position cannot be allowed to resign only with the resolution of the party council unless he/she submits his/her letter of resignation. On the other hand, the temporary position is lost upon the end of each year, but it can be reappointed through a new resolution of the party council.

(Article 21, Articles 22, 23, 56, and 59 of the Constitution of the Republic of Korea). The defendant's decision-making body is the "Council", and the "Council" has the nature of the enforcement body. The members of the church (the head of the Si/Gun/Gu, the head of the office, the head of the association, the head of the association, the head of the association, and the head of the association) shall be all the members of the church that forms the Council (Article 91 of the Constitution of the Republic of Korea). The cooperative members may exercise the rights of the member of the Council (Article 26 (11) of the Constitution of the Republic of Korea). (b) The cooperative members are entitled to exercise the rights of the member of the Council (Article 26 (11) of the Constitution of the Republic of Korea). (1) D, while holding the office as the member of the defendant church as the member of the Council and retired from the office around February 2009.

2) Around April 2010, D was appointed as a defendant's standing pastor and tried to resolve conflicts over the above honorary retirement issue. However, in the course of church operation, D was criticized in the course of the operation of the church, such as false remarks, disregarding the church conference, and dealing with the work in a dynamic manner. As a result, C continued to submit a petition demanding F to be a recommendation letter from some opposing paths and its members to C. 3) Accordingly, C has reached a number of times from July 2012 to September 2013.