beta
Text
1. The plaintiff's appeal and the claims added by this court are all dismissed.
2. The costs of the lawsuit after filing the appeal.
Reasons
1. On May 4, 2016, the Plaintiff asserted that the Defendant’s administrative committee, which was held on May 4, 2016, dismissed the Plaintiff as of April 30, 2016, and sought confirmation of invalidity of the dismissal.
The judgment of the first instance rejected the plaintiff's claim on the ground that it is not subject to judicial review.
On the other hand, the plaintiff appealed against this Court maintained the existing claim, while the dismissal was a tort beyond the unfair dismissal, added a claim for payment of the amount equivalent to KRW 200,000 per month from May 1, 2016 to the date of reinstatement as compensation for damages equivalent to wages.
2. Determination:
(a) With respect to a claim for confirmation of invalidity of dismissal, unless (1) it is an act under the organization law that affects the status of individuals enjoying within a religious organization, and is not always excluded from judicial review or denied the benefit of lawsuit against a person who committed misconduct as a member of the organization in a religious manner.
However, even if a religious organization is able to establish its doctrine based on the freedom of religion and the principle of separation of religion and religion under the Constitution and maintain the order of religion as much as possible. If the decision-making of a religious organization is closely related to the interpretation of the doctrine of religion and religion, it is desirable to restrain judicial involvement in the decision-making even if such decision-making affects the status of individuals enjoying from the religious organization (see Supreme Court Decision 2009Da32386, Oct. 27, 201). In order to determine that a variety of resolutions or dispositions that affect individuals enjoying from the church are null and void as a matter of course, it is insufficient to say that there is a defect in the procedure to the extent that the resolution or disposition of a general organization that is not a general religious organization is void, and it is very serious that such defect is left as it is.