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(영문) 광주고등법원 2015.12.09 2015나11532
목사면직판결 무효확인청구
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. From December 2005 to November 5, 2013, the Plaintiff was in office as a teacher of the Diplomatic Association Diplomatic Association (hereinafter “Diplomatic Association”) located in G in Sinpo City from December 2005 to November 5, 2013.

The defendant is a member of the religious organization B (hereinafter referred to as the “instant religious order”) and is a member of the church affiliated with the instant religious order in Do, Jeonnam-do, including Diplomatic Association.

B. From August 18, 2013, the Committee on Emergency Countermeasures against Diplomatic Associations, comprised of E, association membersF, and association members, signed by 218 persons among the members of Diplomatic Association, on September 29, 2013, the Defendant filed a written petition for termination of the contract (hereinafter “instant petition”) with the Defendant, stating that “The Defendant filed a petition for termination of the contract, since the Plaintiff left the church with a lot of gender after the Plaintiff left the Diplomatic Association, and the church leaves the church no longer wanting to leave the church (hereinafter “instant petition”).

C. On October 22, 2013, at the 115th Extraordinary Labor-Management Council held on October 22, 2013, the Defendant established a research and treatment committee consisting of seven persons, such as a pastor and a funeral, to handle the instant petition, and delegated the right to investigate and process the instant petition to the Investigation and Treatment Committee.

The Investigation and Handling Committee, from October 24, 2013 to November 5, 2013, confirmed that 212 of the 230 members of the Diplomatic Association signed the petition of this case at their own will, and reported this to the Defendant. On November 5, 2013, the Defendant accepted the petition of this case and rendered a decision to revoke the Plaintiff’s membership in the D church (hereinafter “instant cancellation decision”), and notified the Plaintiff of the cancellation decision of this case on November 6, 2013.

E. On November 22, 2013, the Plaintiff asserted that the instant revocation decision is null and void, and filed a lawsuit seeking confirmation of invalidity of dismissal (hereinafter “the instant lawsuit seeking nullification of dismissal”) with the Gwangju District Court Branch 2013Gahap2134 on November 22, 2013 against the Defendant. On December 23, 2013, Gwangju District Court Decision 2013Kahap359 was issued.

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