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(영문) 인천지방법원 2020.10.13 2019가합66315
제명처분 무효확인 및 교인지위 확인
Text

1. Of the instant lawsuits, the part on the Plaintiffs’ claim for confirmation of the status of the members of the Defendant A church and the Plaintiff C’s claim on December 18, 2016.

Reasons

1. Basic facts

A. Defendant B is an officer or employee of Defendant A church (hereinafter “Defendant church”) located in Incheon Strengthening Group D, and Plaintiff E is the head of the Defendant church, and the rest of the Plaintiffs are the members of the Defendant church.

The defendant church is a church belonging to the F Religious Organization G Council H.

B. From May 2016, disputes arose between the members of the Defendant church regarding the operation of Defendant B’s church, which is a member of the Defendant church.

The plaintiffs are the so-called "inter-party" members who do not recognize the status of the defendant B's standing pastors, and they have refused the above defendant's worship from around that time, and run a separate tugboat in the education hall of the defendant church, and they currently proceed with the worship from the street of the defendant church to the delivery of the I who is a pastor.

C. On December 4, 2016, the Defendant church announced the date of holding the church meeting on December 18, 2016, and held the church meeting on December 18, 2016 (hereinafter “instant party meeting”). The above party meeting passed a resolution to remove the members of 37 opposing members, including the Plaintiffs (excluding Plaintiff C) from among 26 students who attended the meeting, on the ground that “the members of the 37 opposing members, including the Plaintiffs, were not present at the church meeting for at least six months or did not donate a mandatory church fee” (hereinafter “the church and the head of the church”) by applying Article 19(8) and Article 337 subparag. 8 and Art. 17(3) of the F Religious Organization doctrine and the head of the church (hereinafter “the resolution of this case”).

In addition, the Defendant church requested the F Religious Organization GH Council to withhold the dispatch of Plaintiff E to the Plaintiff, and the said H Council accepted the request of the Defendant church on February 21, 2017, and dealt with Plaintiff E.

E. The number of the members on the basis of the defendant church around February 2016, 128, the number of the members on the basis of which is 121, but the number of the members on the basis of the defendant church around February 2017 and around February 2018 were 124 and the number of the members on the basis of which is 87.

Part III and Part I of the General Provisions of Part I of the Administrative Law [15] The individual church is divided into two separate divisions, Article 6 (Individual Division and Consolidation).

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