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(영문) 대전지방법원 2015.07.15 2014가합7876

목사면직결의무효확인

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The facts falling under any of the following subparagraphs of basic facts may be acknowledged by comprehensively taking into account the respective descriptions of Gap evidence Nos. 1 through 5, 19, Eul evidence Nos. 1 through 5, and 9 through 13 (including each number in case where there are serial numbers) and the whole purport of pleadings:

The plaintiff was in office as a pastor of the D church located in the astronomicalce, and the defendant has jurisdiction over the above D church as a member of the B Religious Organization (hereinafter referred to as the "Defendant's Union").

B. On June 18, 2010, on June 25, 2010, the court of the 65th trial of the defendant's association asserted that the plaintiff was a non-permanent pastor, or caused confusion in the order of the association by claiming that the plaintiff was a standing pastor of the D church, even though he was a non-permanent pastor since June 25, 2009, and caused damage to the church. On the grounds that the plaintiff was dissatisfied with the decision and direction of the "Committee on the Right to the Settlement of Diplomatic Councils" organized at the general meeting of the defendant's association, the plaintiff rejected the return of the above D church's register, the minutes of the division, the list of teachers, the list of the members, the deposit passbook, the seal, etc., and on the grounds that the plaintiff convened the joint council in Incheon-si on February 15, 2009 to recommend the resignation of the head and the resolution of non-Confidence, and announced this, the decision of disciplinary action against the plaintiff to suspend the office

C. On August 10, 2010, the Plaintiff appealed to a trial court at the general assembly of B religious organizations, but on January 17, 2011, the trial court at the 95th general assembly of B religious organizations rejected the Plaintiff’s appeal on the ground that on January 17, 2011, the Plaintiff did not pay the deposit money pursuant to the above general assembly’s constitution and did not waive the Plaintiff’s right to appeal.

(hereinafter “instant dismissal judgment”) D.

Since then, at the first 70th Extraordinary Labor Association on July 3, 2014, the Defendant Union decided to conduct an interim report on the investigation of the above crime at the 70th Extraordinary Labor Association on August 22, 2014, which received the final report from the 70th Extraordinary Labor Association on August 30, 2014, and the 3rd Extraordinary Labor Association on October 30, 2014.

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