beta
(영문) 서울고등법원 2020.01.08 2019나2003521

총회재판국결정무효확인

Text

1. The plaintiffs' appeal is dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is the same as that of the plaintiffs among the grounds of the judgment of the court of first instance, and thus, it is acceptable in accordance with the main sentence of Article 4

However, the following judgments are added to the reasons for appeal that the plaintiffs asserted or emphasized in this Court.

2. Judgment on the plaintiffs' assertion

A. 1) The decision of each general assembly trial of this case violates Articles 8, 52 (1) and 75 (Period of Complaint or Accusation) of the Defendant’s Constitution, as well as the right to make a false statement about the Plaintiffs and the right to make a decision on forged documents, etc.

3) In the event that the plaintiffs cannot maintain their status as the principal or the members due to the judgment of each of the respective general assembly trials of this case violating the defendant's constitutional provisions, it is evident that there is enormous damage that the loss of religious ethics and the definition of the church will occur.

B. As seen earlier, as the relevant legal principles in the judgment of the court of first instance cited earlier, the freedom of religious activities shall be guaranteed by the State’s interference in accordance with the freedom of religion and the principle of separation of religion and religion under the Constitution. However, in order for the Defendant to establish a doctrine of religion and maintain the order of religion on the grounds that the Plaintiffs and the members of the same Chapter and the same members did not receive relief from their disciplinary action through the appeal procedure stipulated in the Defendant’s Constitution, and that the procedure for objection