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(영문) 수원지방법원성남지원 2016.09.29 2015가합207224
노회결의 무효 확인의 소
Text

1. The term “Defendants” on October 12, 2015 and October 13, 2015, which was made at the Defendant’s Trade Association, to the Plaintiff.

Reasons

1. Basic facts

A. From December 1, 1985 to December 1, 1985, the Plaintiff retired from the position of a member of the D church belonging to B religious organizations from the position of a member of the D church on July 14, 2009, and transferred to the position of member of the D church, and until the resolution of this case to be seen below, the Plaintiff was appointed as the member of the D church. The Defendant is the upper organization of the D church.

B. On November 23, 2014, the Diplomatic Association decided to cancel the Plaintiff’s status as a member of Diplomatic Association, and requested the Defendant, who is a member of Diplomatic Association, to approve the status.

C. On October 12, 2015 and October 13, 2015, at a regular meeting of the labor union, the Defendant attended by 42 of 140 union members, and made a resolution to revoke the Plaintiff’s status as the original pastor with the consent of 26 members among 140 union members.

(hereinafter “instant resolution”). D.

B The Constitution of the Assembly of Religious Organizations provides for the elderly pastors as follows:

When a pastor who has worked for not less than 20 years at the same church under Article 4 subparagraph 4 of Chapter 4 (Loman) of Chapter 4 intends to submit a amnesty to the National Assembly of Korea, if he/she intends to preserve the honorary relation in this church, he/she shall convene a joint council and pay living expenses to him/her, and if he/she files a petition with the National Assembly after he/she decided by a majority of the National Assembly with him/her, he/she shall hold the honorary post of a pastor

Provided, That if the retirement age expires, only the right to the speech of the union is available.

E. The articles of association of the D church provide for the following:

Article 19 (Qualifications for Employees) Qualifications for employees shall be governed by Chapter 5 and Chapter 3 of the Constitution of the Republic of Korea.

1. Senior wood officers: They shall carry out the affairs in the main church for not less than 20 years and attain the retirement age, and shall obtain the consent of 2/3 of the Joint Council as retired wood officers;

§ 23 (Authority of Officers).

1. It shall be established in accordance with the procedures for the Ordinance of the Ordinance of the Collection of Rights of the Korea Twitter and the internal rules established by the church;

6.A person who has been convicted of a crime of debrisoning and having been convicted under the general social law, shall be given the position and all with the consent of a majority of the joint council.

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