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(영문) 광주지방법원목포지원 2017.12.14 2017가합12207
교인지위부존재 확인
Text

1. All of the instant lawsuits are dismissed.

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

Reasons

1. Basic facts

A. The plaintiff is the higher order of the Diplomatic Association (hereinafter referred to as the "instant church"), and the defendants are the members of the instant church.

B. On June 12, 2016, the instant church announced the Defendants to be subject to the disciplinary procedures against the Defendants on the weekly bulletin of June 12, 2016, and on July 13, 2016, after holding a hearing on July 10, 2016, issued a disposition of suspending all Defendants’ duties and membership rights for one year from July 13, 2016 to July 12, 2017, and the Plaintiff approved the disposition of suspending the said suspension against the Defendants of the instant church on July 14, 2016.

C. Since then, the instant church filed a petition with the Plaintiff to take measures to leave the church against the Defendants on the grounds that the Defendants interfere with the worship during the suspension period.

On August 16, 2016, the Plaintiff approved the entry to the Defendants (hereinafter “instant entry disposition”), and convened a general meeting meeting on September 28, 2016, and re-issued the entry to the Defendants.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 9 and 16 (including branch numbers), and the purport of the whole pleadings

2. Determination on the legitimacy of a lawsuit

A. The plaintiff asserts that the defendants are not the members of the plaintiff and the church of this case since they received the disposition of withdrawal from the church of this case.

B. Ex officio, the religious activity is guaranteed by the State’s freedom from interference with the freedom of religion and the principle of separation of religion and religion under the Constitution. As such, the court, as a state agency, should guarantee the autonomy of the pertinent religious organization as much as possible by failing to conduct substantive deliberation and determination, unless it regulates the rights and obligations or legal relations as a general citizen, in principle, unless it regulates the internal relations of the religious organization. On the other hand, in order to establish the doctrine of religion and maintain the order of religious organization and religion, a person who has irregularities as a member of the society.

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