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(영문) 부산고등법원 2019.11.07 2019나54477
노회재판국판결 무효확인
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance as to the instant case is that the reasoning of the judgment of the court of first instance as to the instant case is as stated in the reasoning of the judgment of the court of first instance, except for the dismissal as follows. Thus, the reasoning of the judgment of the court of first instance as to the instant case is accepted by the main sentence of Article 420 of the Civil Procedure Act.

3. Judgment on the main defense of this case

A. The relevant legal principles guarantee the State’s freedom from interference with the freedom of religion and the principle of separation of religion and religion under the Constitution.

Therefore, in principle, the autonomy of the religious organization should be guaranteed to the maximum extent, unless it regulates the rights and duties or legal relations of the general citizen with respect to matters concerning the internal relations of the religious organization, unless it regulates the rights and duties of the general citizen.

Meanwhile, in light of the fact that punishment by a religious organization against a person committing misconduct as a member of the religious organization in order to establish its doctrine and maintain the order of religious organization and religion is within the territory of the freedom of religion guaranteed by the Constitution as a regulation inside the religious organization, the validity of disciplinary action against a member of the religious organization should not be determined based on the effect of such disciplinary action itself as a subject matter of judicial review, regardless of whether a dispute over a specific right or legal relationship of a member of the religious organization determines the legitimacy of the claim regarding such disciplinary action on the premise that

(Supreme Court Decision 2006Da77609 Decided April 12, 2007, and Supreme Court Decision 2009Da32386 Decided October 27, 201, etc.) B.

Judgment

Examining the following facts and circumstances acknowledged by the parties in light of the overall purport of the evidence presented above, the instant disciplinary judgment is an internal regulation within a religious organization, and the court’s validity cannot be subject to judicial review.

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