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(영문) 서울서부지방법원 2019.08.22 2017가합37461
당회결의 무효확인청구
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The defendant is a branch church belonging to the A religious organization's general assembly.

The plaintiffs are the defendant's members.

B. D, while holding office as the Defendant’s standing pastor, retired in February 2009, and there was a conflict between the Defendant’s members on the ground that the amount of early retirement received by D is excessive.

Since April 2010, E, who was appointed as a defendant's member of the church, tried to settle the above conflict, but D's course of the operation of E's church, has continued the conflict between the members while D's course of operation of E's church.

C. On August 25, 2015, E was tried two years of suspension from office on the ground that it did not comply with the demands of the management authority committee dispatched by the Trade Union and Labor Relations Commission to resolve the above conflict. D.

After that, D was examined on September 29, 2015 as the president of the defendant's substitute party.

The plaintiffs consistently opposed to the appointment of the president of the representative party of D, and continuously dealt with D's appointment of the secretary-general.

E. The Defendant opened a church on May 22, 2016 and resolved to suspend membership rights of the relevant Plaintiffs as stated in attached Table 2 List 3, and the specific reasons therefor are not confirmed.

F. On September 3, 2016, the Defendant: (a) opened a church conference and enacted the rules on church ethics stating that “a person who has intentionally violated the obligations of the teachers and intentionally, who has intentionally interfered with the peace of the church and the worship; (b) a person who has intentionally neglected and deserted his duties; (c) a person who has caused the members to violate the code of ethics; (d) a person who has injured the church and an individual honor; and (e) a person who has damaged the dignity of the church and an individual, shall reservation or restrict his duties by the resolution of the church until the violation is corrected.

G. The Defendant, as indicated in attached Tables 1 and 2, opened a meeting on September 18, 2016 and Oct. 1, 2016, and filed a lawsuit against a State agency in violation of the general assembly regulations, leading and participating in a similar towing time.

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