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(영문) 광주지방법원목포지원 2015.04.16 2014가합12381
목사면직판결 무효확인청구
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. From December 2005 to November 5, 2013, the Plaintiff was in office as a member church of the D church, which is a branch church affiliated with C Religious Organizations (hereinafter “instant religious order”).

The defendant is a labor association under the jurisdiction of the Diplomatic Association.

B. On August 18, 2013, the Committee on Countermeasures against Diplomatic Emergency, comprised of E, E, E, E, E, E, E, and E, submitted a written petition for termination to the Defendant on September 29, 2013, stating that “The Plaintiff shall file a petition for termination, since the Plaintiff left a church with the D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D's left the church, and the church left the church any longer.”

C. On October 22, 2013, at the 115th Extraordinary Labor-Management Council held on October 22, 2013, the Defendant established an investigation and treatment committee comprised of a pastor and a chief seven persons to handle the instant petition, and granted the right to the investigation and treatment of the instant petition to the Investigation and Treatment Committee.

The Investigation and Processing Committee, following four meetings from October 24, 2013 to November 3, 2013, provided an explanation of the representative of the Plaintiff and D D D D D D D D D D D D D D D D D D D D D D D DD, and reported the result to the Defendant.

On November 5, 2013, the Defendant accepted the instant petition on November 5, 2013, and rendered a decision to cancel the Plaintiff’s membership as a member of the D church (hereinafter “instant cancellation decision”), and notified the Plaintiff of the instant cancellation decision on November 6, 2013.

E. On November 22, 2013, the Plaintiff filed a lawsuit seeking confirmation of invalidity of dismissal (2013dahap2134, hereinafter “the lawsuit seeking confirmation of invalidity of dismissal”) with this court on November 22, 2013. On December 23, 2013, the Plaintiff filed a provisional disposition of suspension of validity (2013Kahap359, hereinafter “instant provisional disposition”), and filed a lawsuit seeking confirmation of invalidity of the dismissal of this case and the instant provisional disposition (hereinafter “the lawsuit seeking confirmation of invalidity, etc. of the dismissal of this case”).

F. The Defendant filed a lawsuit seeking nullification of the dismissal of this case.

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