(영문) 창원지방법원진주지원 2017.11.02 2017가합11004

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(영문) 창원지방법원진주지원 2017.11.02 2017가합11004

제명무효확인

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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 church is a church affiliated with C religious organizations and C religious organizations, and the plaintiff is a member of the defendant church and was an armed riot.

B. On July 17, 2011, the defendant church held a joint council and held a re-election on six pages, including the plaintiff, and decided that four pages, including the plaintiff, including the plaintiff, who did not receive re-identification from at least 2/3 of the members, shall not be re-issued, and on the same day, the defendant church decided to dismiss the plaintiff on the ground that the plaintiff left the defendant church and voluntarily rejected jurisdiction by withdrawing from the defendant church (hereinafter each of the above resolutions was referred to as the "each of the above resolutions") and on August 28, 2011, the defendant church reported each of the above resolutions to the Korea Religious Organization Council on August 28, 201.

[Ground of recognition] Evidence Nos. 1, Nos. 1 to 3 (including paper numbers), and the purport of the whole pleadings

2. In the process of the Plaintiff’s assertion each of the instant resolutions, the Defendant church did not undergo the decision of the church (the organization comprised of pastors and the head) and did not give prior notice of the agenda that the Defendant church will carry out re-elections, and did not give sufficient opportunity to explain to the Plaintiff, and did not inform the Plaintiff of the details of the resolution.

In addition, the Plaintiff did not leave the Defendant church, and even if so, left the Defendant church.

Even though the defendant church, as the defendant church, has gone through the process of soliciting the plaintiff to return at least two to three times, it did not go through such procedure.

Therefore, each of the instant resolutions is invalid by a resolution with procedural and substantive defects, and thus, seek confirmation thereon.

3. We examine the determination on the legitimacy of the instant lawsuit, and the religious activities under the Constitution.

참조조문

-대한민국헌법

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