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(영문) 서울고등법원 2020.11.27 2019나2053892

장로지위부존재확인

Text

1. All of the plaintiff's claims filed against the defendants expanded by this court shall be dismissed.

2.The Court.

Reasons

1. Basic facts

A. The status of the parties is that the Plaintiff was a branch church belonging to the A Religious Organization General Assembly (J) religious order (hereinafter “J”) and the Plaintiff was a representative of K as a branch church, and the Defendants asserted that they were in the position of an armed riot at the time when they belong to the Plaintiff’s JJ.

B. The main contents of the instant case are as follows among the relevant provisions such as the Assembly Constitution of the JJ Curriculum (hereinafter “General Assembly Constitution”) and the implementation regulations of the Constitution.

【The Constitution of the General Assembly, Chapter 1 of Part II of the Constitution of the Republic of Korea, Article 2 of the Constitution of the Republic of Korea has the right to freedom of conscience, such as the freedom of conscience, to any member of the church or any other church, to be a member of the church, to be a member of the church and to be an employee, and to establish a church's political organization in accordance with the thickness of the lease.

Part IV members of the church shall be the head, the house, and the association member, and the affairs of the church shall be until the end of the year in which they are 70 years of age.

There are two long-ro ways:

1. He is called as a pastor with a person who concurrently serves as a guard;

2. It shall be called "the head of a Ri";

Provided, That where a person who has an anti-permanent position intends to retire before he/she reaches 70 years of age due to circumstances, he/she may retire after obtaining permission from the competent council.

Chapter 6. Resignation and Resignation of Chapter 43

1. Voluntary resignation: Where the President wishes to be a Si/Gun/Gu office due to unavoidable reasons and submits a letter of resignation to the City Council, he/she may allow him/her to resign with the approval of the City Council;

【The purpose of Article 1 of the Enforcement Rule of the Constitution (hereinafter referred to as the “Rules”) is to interpret and implement a proper law by stipulating and supplementing the matters delegated by the second and third powers of the Constitution of A religious organization and matters necessary for its enforcement.

Article 3 Scope of Application

1.This provision shall apply to meetings of A religious organizations, and Lents, meetings and affiliated organizations belonging to the Assembly, related agencies, organizations, etc.;

2. The order of application shall be the General Assembly Constitution, the implementation rules and the Assembly rules.

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