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(영문) 부산지방법원동부지원 2019.06.12 2018가합105629
노회재판국판결 무효확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The defendant is a member church of C religious organizations, who has jurisdiction over D area only, and is the top church of the branch church located in that area.

B. On November 1, 2016, the Plaintiff invited a branch church that belongs to the Defendant as a member pastor of the E branch church (hereinafter “instant church”). On September 27, 2017, the Plaintiff is a person delegated by the Defendant as a member pastor of the instant church.

C. On June 4, 2018, in a case where four persons, including the F.A., of the instant church, filed a complaint against the Plaintiff, the Defendant’s trial division (hereinafter “labor-level trial division”) rendered a judgment that “the Plaintiff shall be dismissed from office in accordance with Article 41 of the Ordinance on Disciplinary Measures,” as shown in attached Table No. 1, for the reason that the Plaintiff is recognized as having committed a 19 crime, such as taking a snow that could be a pro rata, the Plaintiff shall be removed from office: Provided, That in a case where a suit is filed under the church law or the social law, the case that is filed on the date of filing the complaint shall be dismissed pursuant to Article 41 of the Ordinance on Disciplinary Measures, unless the case is withdrawn within 10 days from the date of filing the complaint.”

On June 15, 2018, with respect to the foregoing case, the Nowon-gu Seoul High Court rendered a ruling that “The Defendant A’s instant church assignment (contestation) will be cancelled and dismissed, as shown in the attached Table No. 2, shall be removed, on the ground that it did not issue a heavy punishment to the Plaintiff for ten (10)-day grace period, but does not open the session.”

(hereinafter referred to as “instant disciplinary judgment” in the attached list). E.

The Plaintiff submitted a written appeal against the instant disciplinary judgment at the c religious organization’s general meeting, but was rejected on the basis of “the 91th general meeting resolution relating to social litigation.”

F. On August 2, 2018, the instant church and F filed a lawsuit for the registration of a building name (delivery) with this Court No. 2018Gadan214120 against the Plaintiff.

The Plaintiff filed the instant lawsuit against the Defendant on September 4, 2018, which was one month after September 1, 2018.

G. The politics and constitution of the C religious organization related to the instant case.

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