(영문) 대구지방법원 2007.5.22.선고 2006카합640 판결

1. On April 28, 2006, the Daegu District Court (2006Kahap30), among the above parties, authorized the provisional disposition order rendered on the application of provisional disposition such as prohibition of obstruction of worship, etc.

2. Litigation costs shall be borne by the respondent.

Purport of application

Applicants: as shown in the Disposition.

Respondents: Revocation of the provisional disposition decision entered in the text, and the applicant's request for provisional disposition is dismissed.

Reasons

1. The applicant for the provisional disposition filed an application against the respondent for provisional disposition, such as prohibition of interference with worship, etc., by this court. The court accepted the application by this court, and on April 28, 2006, the respondent shall not engage in any and all acts that interfere with the worship of the applicant church, the worship of the believers, the conduct of business, and the entrance to the church. The respondent shall not enter the real estate indicated in the separate sheet. The respondent shall not engage in any act that destroys all the equipment and instruments kept in the applicant church or impairs its utility. The execution officer belonging to the Daegu District Court shall give public notice of the purport of the above order in an appropriate manner (hereinafter referred to as the "the provisional disposition order of this case").

2. Judgment on the issue

In accordance with Article 203-3(2) and Article 203(1)3 of the Civil Execution Rules, the provisional injunction order of this case shall be quoted except as mentioned below.

(a) the portion to be added to the basic facts;

(1) The provisions pertaining to this case in the Constitution of the Korea Veterans Association (Korean Constitution No. 30 No. 30; hereinafter referred to as the "Constitution") are as follows:

(A) Article 64 (Organization and Abolition of Party Meeting) 1. Party branch offices (the same as Article 48 of the Charter of the Applicant church) shall be composed of not less than 2 members, who shall work in a branch church, who shall be the head of the subsidiary church. The party branch offices shall have not less than 30 members, and two members may be selected at the same time as the head. The increase in the number of the party branch offices may be increased in proportion to 30 members.

(B) Article 66 (Chairperson of Party) (the same as Article 50 of the Charter of the applicant church)

1. The president of a branch church shall be the executive secretary of the branch church;

2. The president of a temporary political party shall close a session when a vacancy occurs in the president of a political party.

1. The members of the joint council shall be those who are eighteen or more years of age from among the three-years of the absences of the branch church;

2.The Joint Council shall convene by resolution of a party meeting, and shall advertise to the church at the time, time, place, and agenda one week prior to the date, time, place, and agenda.

3.The Joint Council shall be convened by resolution of the Council where:

(i) the meeting needs to be convened;

2) When the petition is filed by the Appellate Body;

3) When a petition is filed by not less than 1/3 of the persons without disabilities;

(iv) the order of the commercial conference is given.

4. The joint session meetings may be held by members holding the meeting; and

5. Matters concerning the resolution of the joint council shall be as follows:

1) Matters presented by the meeting of the political party;

(ii)budget and settlement of accounts;

3) Matters directed by an ordinary meeting

6.The resolution of the Joint Council shall be adopted by a majority for all matters other than those specified, and the seal shall be written by an indefinite vote.

7. The chairman and clerk of the joint council shall be the chairman and clerk of the party council; and

(2) The provisions pertaining to this case in the charter of the applicant church (No. 40 certificate, No. 40; hereinafter the charter) are as follows (However, Articles 48, 50, and 59, which are the provisions of the Constitution, are omitted).

(A) section 55. / The organization and abolition of the operating committee

1.The Operating Committee shall be composed of duplication, ionographs, and anti-permanent employees (flouses, office buildings, and office buildings) who hold office in the 000 intersections.

2. If a church's 000 church is removed from office with not less than 4 employees, due to the growth and interest of the church, the operating committee shall automatically abolish.

(b)Article 56 / The gender number of the Steering Committee shall be the attendance of a majority of the incumbent members, including the members of the Committee.

The president of the temporary party does not include the number of sex.

(c)Article 57 / The functions of the Operating Committee shall be in overall control of its functions and shall be entrusted to the Council and the Governing Council.

(d)Article 58: / The Steering Committee of the Steering Committee shall convene at least a month, on the following occasions:

1. Where it is necessary to call an operating committee;

2. When a majority of the literature and management committee requests the convocation of a literature and management committee;

(e)Article 60/Removals shall be removed from the office as follows:

1. The members of the vertical association shall be non-duplicated, long-term, office buildings, duplicators, duplicatories, duplicatories;

2.The convening of an organization to be removed shall be as follows:

1) When the chairman recognizes the need to convene a meeting of the board of directors.

(ii)when there is a request by one third of the church posts;

3. The number of days during which the vertical session is opened shall be advertised before one week and the number of days during which the session is present;

4. The president of the organization to be removed shall be the president of the organization, and clerks and accounts shall be selected at the meeting, and a department may be established, if necessary.

(f)Article 67 / This Charter Amendment may be amended at the Joint Council with the consent of two-thirds or more of the members present.

(g) section 69/Sgd. 69/ Charter

Provisions not in this Charter shall be determined by the Constitution of the Republic of Korea, the General Assembly Regulations and by a resolution of the plenary session.

(3) From the time when the applicant church entered the 0000 association, the 000 association dispatched a temporary church president to the applicant church in accordance with Article 66 of the Constitution on the ground that the applicant church does not have a legitimate stater, and on August 12, 2005, the provisional church president was dispatched from April 2003 to November 15, 2005 (the temporary church president was dispatched from November 2003 to November 15, 2005).

B. Additional determination on issues

We examine whether the applicant church has lawfully withdrawn 000 times around August 12, 2005.

First of all, according to the Constitution and the charter, the joint council of the applicant church shall be 18 years of age or older from among the defective members of the church (including the members of the church), the joint council shall convene by the resolution of the party council, but the chairman of the party council shall call the time and place of the agenda, and shall advertise to the church before one week. However, the charter is organized by the petitioner church's door management committee as a reproduction, transfer of the church and the employees of the church (the head, the office, and the association) who work for the applicant church, and if the applicant church is appointed for more than 4 years of office due to the church's growth and the interest of the church, the steering committee shall automatically abolish the church, the duties of the steering committee shall be operated by the party council and the association, and the matters delegated by the party council and the association shall be performed.

Furthermore, according to the records, an applicant church is not elected as the head of the church at the time of 000 times on October 8, 2001, and it is impossible to organize a church and play the role of the church conference as an alternative organization. An applicant church holds the first operating committee in the presence of 000 pastors dispatched at the time of 000 times on October 25, 2001, and the temporary chairperson dispatched at the time of 0000 times was decided to handle only the administrative affairs related to the union. The applicant church held a joint council on September 8, 200 for election as the head of the 00O Q ○, but the applicant church continued to play the role of the meeting at the time of 00 times on which the church was convened, but it did not actually play the role of an applicant's temporary meeting, such as 00 times on which the church was convened at the time of 000 times on which it was held as an applicant's temporary meeting. Even after the church was held at the time of 000000 times on the previous church.

According to the above facts, the applicant church, which was an independent church not belonging to the original specific religious order, has maintained its identity and accepted the Constitution as a norm of autonomy of the applicant church, but on the other hand, it was not possible to organize a party church on the other hand, considering various circumstances, such as the fact that the charter provides for the substitution of the party church as a charter and has maintained its independence as a branch church. Although 000 times has been dispatched to the applicant church until the completion of the party church course and acquisition of the qualification as the head of the party church, the above provisional church president only existed only under the name of the applicant church, and it has been actually recognized that 00 times has been actually recognized as the representative of the church, due to the above circumstances.

In light of these circumstances, an applicant church is a subordinate body of 000 times in an internal relationship, but it is bound by the Constitution only to the extent that it does not infringe on the independence of the branch church or the essence of the religious freedom. However, insofar as the applicant church exercises overall control over the duties of the church and the organization council until the time the church is left for not less than 4 persons as the charter, which is its own rules, and stipulates that the steering committee convene an operating committee and substitute the resolution of the party council by its resolution (not included in the members of the steering committee of the temporary party dispatched at 000s). The provisions of the Constitution concerning the organization and duties of the party council shall be deemed as not binding since it infringes on the independence of the applicant church and the essence of the religious freedom (Article 69 of the Constitution stipulates that the provisions of the Constitution also apply to cases where the Constitution does not have any separate provision in the charter). In addition, the legitimate representative of the applicant church shall not be deemed to have played an actual role not as the temporary president dispatched from 000 times to 000.

On the other hand, the withdrawal from the religious order or the change of the religious order to which he belongs requires a resolution by the concurrent vote of 2/3 or more of the members with voting rights in accordance with the amendment of the articles of incorporation of an incorporated association. Even according to Article 59 of the charter of an applicant church, the joint council, which can be regarded as the general meeting of the members of the church, shall be convened by the resolution of the party council and shall be advertised to the church before one week from the date, time, place, etc. The legitimacy of the procedures for withdrawal from the above religious order of

However, for the above reasons, it is reasonable to view that the "Council meeting" under Article 59 of the Charter refers to the "Steering Committee" and the "Council chairperson" as the convening authority of the Steering Committee respectively, and the resolution of the Joint Council may substitute for a written agreement unless there are special circumstances, such as where a written agreement is concluded or there is a serious defect to the extent that it is impossible to recognize that an agreement has been reached by at least 2/3 of the members with an opportunity to participate by the members to the extent that it might affect the quorum, and the resolution of the Joint Council may not be deemed unlawful in the process of withdrawing 000 times in the process of receiving the above written consent, and there is no such serious defect in the procedure of the above written consent, and even if there is no reason to view that the applicant church should comply with the provisions of Article 5 of the Charter before the date and time of the Joint Council meeting and the place of the meeting, the resolution of the Joint Council shall be convened by convening the Steering Committee in lieu of the resolution of the Joint Council by the members.

Even if not, it is difficult to view otherwise as long as all the applicants church actually signed the written consent of withdrawal from the religious order and agree to the withdrawal from the religious order.

Therefore, the plaintiff church does not convene a joint council in accordance with the resolution of the party council, but passes a resolution to leave from the steering committee of November 1, 2004 and the council of December 19, 2004 to leave from 000 times with the convening committee of December 19, 2004, and the above procedures for withdrawing from the religious order from the operating committee of July 24, 2005 to send it to 000 times with the written consent from the members. The withdrawal from the religious order from the above religious order from the operating committee of July 24, 2005 is lawful by the method of receiving the written consent from the members from all of the actual members until August 12, 2005 and submitting it to 00 times.

3. Conclusion

Thus, the application of this case is with merit to vindicate the right to be preserved and the necessity of preservation, and therefore, it is so decided as per Disposition with the approval of the provisional disposition order of this case.

may 22, 2007