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(영문) 춘천지방법원 원주지원 2018.02.08 2017가합106

지위확인

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

The defendant is a church belonging to a religious organization B for the purpose of social intercourse, etc.

The plaintiff is the defendant's teacher who has been performing his duties as the senior.

On December 7, 2015, the decision of the Do Associations of Religious Organizations against the Plaintiff was rendered against the Plaintiff on dismissal and withdrawal of the Plaintiff on the ground that “the Defendant’s gathering director and the chairman of the party concerned in collusion with E, would abuse official authority, such as paying the money that E should pay in person in collusion with the church finance, and committed the crime of interference with business and breach of trust.” Although the Plaintiff raised an objection, the decision of the General Assembly of Religious Organizations against the Plaintiff was dismissed on September 5, 2016.

(hereinafter collectively referred to as "the judgment of this case"). [Judgment of this case] There is no dispute, Gap evidence No. 2, the purport of the whole pleadings, and the defendant's argument about the defense of the principal safety of the defendant is about the internal issues of religious organizations, and the judgment of this case is not subject to judicial review unless it regulates the rights and obligations or legal relations of a general citizen, unlike administrative litigation.

The judgment of this case is an authorized judgment against the plaintiff, and it is not an object of judicial review because it does not regulate the rights and duties or legal relations of the plaintiff as a general citizen.

Therefore, the lawsuit of this case shall be dismissed as unlawful.

Judgment

Religious activities are guaranteed by the constitutional freedom of religion and the principle of separation of religion and religion.

Therefore, in principle, the autonomy of the religious organization should be guaranteed to the maximum extent, unless it regulates the rights and duties or legal relations of the general citizen with respect to matters concerning the internal relations of the religious organization, unless it regulates the rights and duties of the general citizen.

On the other hand, religious organizations establish their doctrines and religious organizations.

참조조문