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(영문) 서울고등법원 2015.06.04 2014나2029382

위임목사청빙결의 무효확인

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. The description of parties to the judgment of the first instance.

Reasons

1. Basic facts

A. The Plaintiffs are the heads of the defendant churches belonging to the AP Labor Association, including the head of the defendant church, and the head of the office, etc., which are under the AP Labor Association under the AP Labor Association General Assembly of Korea (hereinafter “General Assembly”), and Q is a person who was appointed as the delegated pastor of the defendant church and was on October 2010 and was on duty.

B. Around March 2010, the Defendant church, as the chairperson of the ice Council, formed the ice Council with the head of the Plaintiff B as the head of the ice Council, the head of the Gu, the Plaintiff G, the head of the Gu, and the Plaintiff G, the head of which was the head of the Gu, and the head of the Gu as the members of the ice Council. On the other hand, the Defendant church, by restricting the age, academic background, and career qualifications in the AW Gazette, announced the ice Council of the delegated pastor (the title of the public announcement is referred to as the “head of the ice Council”).

At the time, the Cheong-ice Committee did not separately prepare qualifications, selection criteria, and allocation criteria in addition to the qualifications stated in the public notice of ice.

C. At that time, AP submitted a resume to the ice Council of the Defendant church. After that, A Q was examined as a delegated pastor on September 26, 2010 of the Defendant church through a resolution of the Joint Council (hereinafter “instant delegation pastor resolution”), and AP union passed a resolution approving the appointment of delegated pastors for AP on October 24, 201, and appointed as a delegated pastor of the Defendant church.

On the other hand, while submitting a resume to the Defendant church ice ice Committee, Q stated in the career part as "after the opening of the AP union in the AP union in the AP union in the U.S. Cho Jong-ju AR council from January 1, 1997 to March 2010, it was no longer available for a period from January 2003 to December 2007, and it is included in the Covton region located in the Georgia, with a low-income portion of the work experience as "the period of service activities after entering the low-income portion of the work experience in the Covton region located in the Gegia" (including the period of service activities). After Q taken office as the delegated pastor of the Defendant church, the plaintiff D and H alleged that it was invalid to have falsely entered the work experience as above and obtained the approval of the AP union ice from the AP union, and that the resolution against the president of the AP union to confirm the invalidity of the resolution.