In a case where Gap et al., as the members of Eul church, sought an inspection and copying of accounting books and documents against Eul church et al., but during the lawsuit, the member of the church trial of Eul church et al. sentenced Gap et al. to the religious order in accordance with the constitution of the religious order, and thereafter the decision to leave the church became final and conclusive, the case holding that Gap et al.'s claim based on the premise that Eul et al. is the members of Eul church cannot be deemed to be the members of Eul church, and therefore,

A et al. sought access to and copying of accounting books and documents, etc. from the Eul church as members of the Eul church, while the lawsuit is pending, the court of the party branch of the Eul church sentenced Gap et al. to leave the religious order according to the constitution of the religious order, and the judgment of the party branch becomes final and conclusive after the resolution of the labor union and the general assembly.

In light of the fact that a church's disciplinary decision is only an internal sanction against the trade parties, such as a pastor, or the members of a religious organization, in order to establish the doctrine of religion and to maintain the order of organization and religion, and it is not an object of judicial review in principle, the case holding that Gap et al.'s claim based on the premise that Eul et al. is the members of the church of Eul, is no longer reasonable.

Article 20 of the Constitution

Plaintiff (Appointed Party) (Attorney Lee Dong-young, Counsel for the plaintiff-appointed Party-appellant)

[Defendant-Appellee] Gwangju ○○ Association (Attorney Lee Young-young, Counsel for defendant-appellee)

Defendant 1 and two others (Attorney Lee Young-young, Counsel for the defendant-appellant)

Gwangju District Court Decision 2016Gahap54003 Decided April 27, 2017

July 6, 2018

1. Of the judgment of the court of first instance, the part of the judgment against the Gwangju ○ Foundation among the judgment of the court of first instance against the defendant, is revoked, and the claim against the plaintiff (appointed party) and the appointed party against the defendant against the Gwangju ○ Foundation is dismissed.

2. The appeal filed against the plaintiff (appointed party) and the appointed party against the defendant 1, 2, and 3 is dismissed, respectively.

3. The costs of the lawsuit are assessed against the Plaintiff (Appointed Party).

1. Purport of claim

The Korea Prehovahitian Association (hereinafter referred to as the “Defendant ○○ Association”) shall allow the Plaintiff (appointed party; hereinafter referred to as the “Plaintiff”) and the Appointor (hereinafter referred to as the “Plaintiff”) to peruse and copy the books and documents listed in paragraph 1 of the attached Table. Defendant 1 shall allow the Plaintiffs to peruse and copy the documents listed in paragraph 2 of the attached Table, Defendant 2, and Defendant 3 to peruse and copy the documents listed in paragraph 4 of the attached Table.

2. Purport of appeal

A. The plaintiffs

The part against Defendant 1, Defendant 2, and Defendant 3 among the judgment of the first instance is revoked. The part against the Plaintiffs is revoked. Defendant 1, Defendant 2, Defendant 3, and Defendant 3, respectively, are allowed to peruse and copy the documents specified in attached Table No. 4.

B. Defendant ○○ Association

The text of paragraph (1) is as follows.

1. Basic facts

With respect to this part, the relevant part of the grounds of the judgment of the first instance is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Judgment on the main defense of this case

Defendant ○○○ School, Defendant 1, and Defendant 3 asserted that the Plaintiffs are not qualified as parties to the instant lawsuit, following the judgment of Defendant 1’s departure from the school against the Plaintiffs. However, in the performance lawsuit, the standing as parties is a person who asserts himself/herself that the right to demand performance, which is a subject matter of lawsuit, exists, and whether the right to demand performance exists or not, shall be determined through a deliberation on the merits. Thus, the Plaintiffs seeking perusal and copying of the documents, such as the books specified in attached Tables 1, 2, and 4, by itself, against Defendant 1, Defendant 1, and Defendant 3. Therefore, the Plaintiffs are qualified as parties. Therefore, the above arguments by Defendant 1, Defendant 1, and Defendant 3 are without merit.

3. Judgment on the merits

A. The parties' assertion

1) Summary of the plaintiffs' assertion

Since it has been revealed that there was a disagreement between Defendant ○○ church and Defendant ○○ church’s financial management and accounting management by the ruling of the general assembly of the Korea Forest Tax Accounting Office regarding Defendant ○○○ church, the Plaintiffs, as members of Defendant ○○ church, seek inspection and copying of each of the books, documents, etc. stated in the attached list against the Defendants as members of Defendant ○○ church.

2) Summary of the assertion by Defendant ○○○ Association, Defendant 1, and Defendant 3

The plaintiffs are no longer entitled to request the inspection and copying of documents such as account books against the defendant ○○ church, defendant 1, and defendant 3, because they are not the members of the defendant ○○ church. Furthermore, the issue related to the finance of the defendant ○○ church was resolved due to the punishment against the defendant 2 and the related criminal judgment, etc. In particular, the financial transaction accounts with the defendant 1 and the defendant 3 are private areas and have no right to request the inspection and copying of the plaintiffs. Furthermore, if there are doubtful points related to the finance of the defendant ○○ church, the plaintiffs should undergo the procedures for requesting the inspection of the audit committee. Although the reasons for requesting the inspection of the account books and documents of the defendant ○○ church, it is an abuse of rights to seek the inspection and copying of comprehensive scope without doing so.

B. Determination as to the claim against Defendant ○○ Association, Defendant 1, and Defendant 3

1) Under the premise that the Plaintiffs are the members of Defendant ○○○ church, the Plaintiff sought to inspect and copy the books and documents specified in attached Table 1, 2, and 4 against Defendant 1, Defendant 1, and Defendant 3, and thus, first, whether the Plaintiffs are the members of Defendant ○○ church at present.

2) Comprehensively taking account of the respective descriptions of evidence Nos. 22, Nos. 1, 2, 39 through 48, 52, and 63 and the overall purport of the pleadings, the following facts can be acknowledged.

A) On October 31, 2015, in accordance with the provisions of the Constitution of the Korean War Veterans Association (hereinafter “the Constitution of the Korea War Veterans Association”), Defendant 000 church decided to leave the church on the ground that the designated parties discovered false facts and damaged the reputation of the pastors and interfered with the affairs of the church. While the designated parties appealed against it and appealed to the Korean War Veterans Association in Gwangju, the said decision was rendered to dismiss the appeal by the designated parties on December 23, 2016. While the designated parties filed a second appeal to the Korean War Veterans Association on August 8, 2017, the said general assembly trial court dismissed the designated parties’ appeal on August 8, 2017 (the designated parties filed a request for re-adjudication to the general assembly on February 13, 2018).

B) In addition, in accordance with the provisions of the religious order constitution on March 5, 2017, the trial court of the defendant ○○ church rendered a judgment against the plaintiff on the ground that the plaintiff filed an application for provisional disposition against the defendant ○○ church without going through the final judgment of the trial court or the General Assembly Special Adjudication Committee pursuant to Article 75(3) of the Enforcement Rule of the Constitution, and the above judgment was served on the plaintiff on March 22, 2017, and became final and conclusive as it was without filing an appeal.

On August 6, 2017, Defendant ○○ School requested the Plaintiff to aggravated punishment on the ground that “the Plaintiff continues to spread false facts about Defendant ○○ School during the period of probation, which may cause confusion by continuously spreading them.” Defendant ○○ School trial division rendered a judgment of withdrawal from the Plaintiff as an aggravated punishment pursuant to Article 87(3) of the Constitution of the religious order on the same day. The Plaintiff appealed against the Plaintiff and appealed to the Gandong Association, but the said Gwangju Labor Association dismissed the Plaintiff’s appeal on September 28, 2017, and then re-appealed to the general meeting trial division of Korea, but the said general meeting trial division dismissed the Plaintiff’s appeal on February 13, 2018.

C) The main contents of the religious order constitution related to the instant case are as follows.

8. Failure to comply with the judgment of the court; 2. The crime of spreading false information and impairing the honor of the teachers or employees under Article 3 of the attached Constitution, which is included in the main text and 5. The type and details of the punishment under Article 5, which is the act of not complying with the judgment of the court; 8. The punishment under Article 5, which is the act of not complying with the judgment of the court is as follows: <2> The crime of not less than 2 months but not more than 6 months and the crime of not more than 6 months shall be committed and shall be compelled to act. 8. The attending school shall prohibit the attendance of the church by expulsion from the list. 2. The punishment under Article 34 of the attached Act No. 34, Jan. 2, 2000; the judgment of the Trade Association shall become final and conclusive after the appeal period (20 days after the receipt of the judgment) expires. The execution of Article 87 and the final judgment on March 3, 2007>

3) The above facts found, and the church disciplinary judgment is nothing more than the internal sanctions of the religious organization that is subject to sanctions by religious methods to establish the doctrine of religious organization and to maintain the order of organization and religion, and therefore, in principle, the plaintiffs cannot be deemed as the members of the defendant ○○ church. Thus, the plaintiffs' claim for inspection and copying of each of the books, documents, etc. stated in the attached list 1, 2, and 4 against the defendant 3 against the defendant ○○ church, the defendant 1, and the defendant 3 on the premise that they are the members of the defendant ○○ church is the members of the defendant ○○ church, the plaintiffs' claim for inspection and copying of each of the books, documents, etc. stated in the attached list 1,

C. Determination on the claim against Defendant 2

1) The plaintiffs asserted that the members of the defendant ○○ church may peruse and copy the financial transaction details of the defendant 2 in order to resolve the corruption regarding the financial operation and accounting management of the defendant ○○ church. As to this, the defendant 2 was served with a legitimate date notice from the first instance court to the trial court, but did not appear on the date for pleading of the first instance court or the party trial and did not submit written answers and other briefs. It is clear in the records.

2) However, the subject matter of confessions, which is disadvantageous to the parties to the principal facts, is limited to the facts, and the legal judgment or evaluation of these facts is not subject to confessions (see Supreme Court Decision 2008Da93384, Apr. 9, 2009, etc.). The assertion that the plaintiffs have the right to peruse and copy the details of financial transactions in Defendant 2 is nothing more than the statement about legal effects and cannot be viewed as the statement about facts, and thus cannot be subject to the principle of confessions. Furthermore, even if Defendant 2 has embezzled funds from the church account as employees of Defendant 2 ○○○ church, there is no legal basis for allowing the plaintiffs to peruse and copy the details of financial transactions in Defendant 2’s personal name, and on a different premise, this part of the assertion is without merit.

4. Conclusion

Therefore, all of the plaintiffs' claims against the defendants shall be dismissed. Among the judgment of the court of first instance, the part against the defendant ○○ School shall be revoked, and the plaintiffs' claims against the defendant 1, 2, and 3 shall be dismissed. The plaintiffs' appeals against the defendant 1, 2, and 3 shall be dismissed. It is so decided as per Disposition.

[Attachment 1] List of Appointeds: Omitted

[Attachment 2] List of Books and Documents: Omitted

Judges Park Byung-il (Presiding Judge) (Presiding Justice)