(영문) 대법원 2018.4.12.선고 2017다232013 판결

The lower court, based on evidence, found the following: (a) Defendant B was admitted to leave the U.S. D religious order EM on January 22, 1985 by the U.S. D religious order EM; and (b) from the U.S. F religious order Gmno Association, the qualifications of Defendant B were recognized.

10. 14. 14. The fact that Defendant B received a pastor from H religious order (hereinafter referred to as the “instant religious order”) and ② in 2002 from the new school of the University (hereinafter referred to as the “new school”) which is a new school under H religious order (hereinafter referred to as the “instant religious order”) also submitted a letter of recommendation to be admitted to the religious order. At the time of application, he submitted a letter of recommendation to be admitted to the religious order and passed the examination by facsimile transmission in the U.S. instead of the Korean test site. ③ around March 11, 2002, Defendant B was transferred to the three-year course of the instant new teaching institute and passed the examination process on February 11, 200, and subsequently passed the 3th anniversary of the establishment of the instant religious order and passed the examination process, Defendant B shall not be required to pass the examination on the strength of the new religious order and to pass the examination on February 13, 2003, which was approved by the new religious order physician of the instant case.

2. Judgment of the Supreme Court

A. According to the reasoning of the judgment below and the record, the Constitution of the religious order of this case can be acknowledged as follows. The new school of this case requires that the new school of this case should be incorporated into the religious order of this case after the graduation of the new school of this case after passing through the college of this case and having been engaged in trade for not less than one year (Article 1 of the Political Part 15), the new school of this case should be incorporated into the new school of this case for not less than two years (Article 13 of the Political Part 15) and the new school of this case shall be incorporated into the new school of this case, and the new school of this case shall be incorporated into the new school of this case for not less than two years (Article 13 of the Political Part 15) and the new school of this case shall be incorporated into the new school of this case, and the new school of this case shall be incorporated into the new school of this case for not less than five years, and the new school of this case shall be incorporated into the new school of this case as follows.

B) The eligibility to be incorporated into a letter of assignment is a person who falls under Chapter 15 of Chapter 13 of Chapter 15 of the Constitution of the Republic of Korea (a person who was recommended by a union member to trade in this religious order after receiving the matters from another religious order), a regular university graduate, or an academic career equivalent thereto and graduated from the new graduate school course such as the course of the new school in this religious order, and the applicant must submit a letter of application for admission, a letter of recommendation, a letter of pledge, etc. In other words, a person who intends to be incorporated into this process is bound to have the qualification as a letter of resignation.

3) Defendant B’s transfer admission process is written in the school register of the instant new school department of the instant case as “research course”, “major is a new school major”, “HI for the school department of the instant new school department,” “JI for the school department of the pre-admission of admission,” “JI for the affiliated labor union,” and “LI for the affiliated schools,” but there is no indication in the career column prior to admission.

B. According to the facts found above, in order for Defendant B, who graduated from the new school of this case or did not receive a wood in the instant religious order, becomes a pastor of the instant religious order, he may obtain a letter of recommendation from the association affiliated with the instant religious order, and then enter the new school of this case after graduating, pass the public notice of robbery, engage in trade for more than one year, receive a tree tree with a pass in the public notice of robbery, or have already passed the public notice of pastor, or select one of the methods of passing the public notice of robbery after having been incorporated into the course of the new teaching institute of this case and graduated from the course of the new teaching institute of this case. Since the procedure that Defendant B, in order to determine whether he is qualified as a pastor of the instant religious order of this case, has different from what course of the new teaching institute of this case, must first go through the process to determine whether he was qualified as a pastor of the instant religious order of this case, and should complete the relevant procedure on the premise that he was incorporated into the new school of this case.

However, as seen earlier, Defendant B submitted a letter of recommendation to become a pastor candidate to the instant religious order and applied for the examination for transfer to the religious order as a pastor candidate, and the school register only stated that he was incorporated into the new school major research course (which is not a master’s degree course but seems not to be a simple course) and graduated from the U.S. F religious order, and it is recognized that Defendant B would not submit a letter of gift, but rather submit a document of qualification as a candidate for transfer to the public (which was submitted by Defendant B’s attorney on September 20, 2016, and which was submitted on September 20, 2016). In addition, if Defendant B still passed the above religious order as a candidate for transfer to the above religious order, it is reasonable to view Defendant B as not only incorporated the above religious order as a pastor candidate in the U.S. F religious order but also incorporation into the above religious order as a candidate for transfer to the above religious order, even if it did not meet the qualification requirements for transfer to the above religious order as prescribed in the Constitution.

Nevertheless, the lower court rejected the Plaintiffs’ claim on the ground that the resolution of the Defendant Union was not unfair solely on the ground that Defendant B graduated from the course of the instant letter and passed the robbery Notice, on the ground that Defendant B met the requirements for a pastor as stipulated in Article 13 of Chapter 15 of the Constitution of the same religious order solely on the ground that Defendant B met the requirements for a pastor as stipulated in Article 13 of the said religious order’s Constitution. In so doing, the lower court erred by failing to exhaust all necessary deliberations in the application of the Constitution of the instant religious order, or by misapprehending the rules of logic and experience, or by inconsistency in the grounds for violating the rules of logic and experience, thereby adversely affecting the conclusion of the judgment.

3. Conclusion

Therefore, without further proceeding to decide on the remaining grounds of appeal, the lower judgment is reversed, and the case is remanded to the lower court for further proceedings consistent with this Opinion. It is so decided as per Disposition by the assent of all participating Justices on the bench.