징계처분무효확인
The appeal is dismissed.
The costs of appeal are assessed against the Plaintiff.
The grounds of appeal are examined.
1. According to the reasoning of the judgment below as to the ground of appeal No. 1, the court below held that, in light of the purport of introducing the special review procedure, the special review procedure for the benefit of the person under disciplinary action was not possible, if the special review procedure system itself has a certain defect in the final disciplinary action, without distinguishing whether the defect is serious to the extent that the final disciplinary action is invalid, and the court's judgment to invalidate the final disciplinary action should be resolved in advance by completely amending the Act and enacting it on September 6, 2010 on the 14th of the same month (hereinafter referred to as the "wholly amended Act"), since the first instance court, which had already been proceeded with the new disciplinary action, and even if the new review procedure was not repeated, the procedural right of the person under disciplinary action cannot be deemed to be infringed.
In light of the relevant legal principles and records, such determination by the court below is just, and contrary to the allegations in the grounds of appeal, the court below did not err by misapprehending the legal principles on invalidation
2. As to the ground of appeal No. 3, a disciplinary action against a member of a religious organization is a punishment against a member of the religious organization for a violation of the internal order of the religious organization in order to protect the law of the religious organization and comply with the subordinate law, and the disciplinary action can also be revoked even in its own review procedure. Thus, if a religious organization voluntarily acknowledges that there was a defect in the disciplinary procedure, recognition of the grounds for disciplinary action, and illegality of disciplinary action, etc., it is possible to revoke the disciplinary action by itself without a court’s decision to nullify the invalidity of the disciplinary action, and to take a new