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(영문) 광주지방법원 목포지원 2018.08.17 2018가합10192
제직회결의무효확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The defendant is a church belonging to a religious order which belongs to the Korea War Veterans Association, and the plaintiff is an armed riot of the defendant.

B. On January 14, 2018, the Defendant held a briefing session to organize an operating committee, and made a resolution (hereinafter “resolution in this case”) with the content that the Defendant was selected as a member of the operating committee by the senior Roro, Macro, Macro, Macro, Macro, a collection company, the president of the competent society, the chairperson of the general federation by angle, the head of children’s department, the senior chief of the department,

C. The above religious order constitution and the church articles related to the case of this case are listed in the annexed sheet.

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 3, Eul's 2, the purport of the whole pleadings and arguments

2. Whether the lawsuit of this case is lawful

A. The Plaintiff’s assertion violates the provisions of the procedures for convening a meeting of the religious order and the Defendant’s articles of incorporation, as well as only 29 members who fall short of the majority among 74 members of the religious order. A resolution to establish a steering committee not prescribed by the Constitution of the religious order and the Defendant’s articles of incorporation and appoint its members is not only a resolution that deviates from the authority of the religious order’s duties but also a resolution that deprives the Plaintiff, a member of the church, as an armed riot.

Therefore, the resolution of this case is null and void due to the above serious defects.

B. As the freedom of religious activities is guaranteed by the State’s freedom of religion and the principle of separation of religion and religion under the Constitution, the court, a state agency, should ensure the autonomy of the pertinent religious organization to the maximum extent possible by failing to conduct substantive deliberation and determination, in principle, unless it regulates the rights and obligations or legal relations among the general citizens of the Republic of Korea.

Therefore, a religious organization is not related to a dispute related to specific rights and duties or legal relations of a general citizen.

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