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(영문) 광주지방법원목포지원 2015.04.30 2014가합1305
기소결정 무효확인
Text

1. All of the instant lawsuits are dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party) and the appointed party.

Reasons

1. Facts of recognition;

A. Under the ratification of Defendant B, who is a member of the C church (hereinafter “instant church”), the members of the instant church D, etc., received on August 25, 2014 a written complaint against the Plaintiff and the designated parties to “request to confirm the invalidity of the funeral position” and the “request to take disciplinary action against the head of the Si/Gun/Gu Council” against the Plaintiff and the designated parties.

B. On August 25, 2014, Defendant Honam Local Council convened a meeting of executive officers and decided to refer the case to the trial committee after deliberation on the case, and decided to refer the case to the trial committee. On September 4, 2014, the trial committee comprised of five members E, F, G, H, I and I (hereinafter “the trial committee of this case”) decided to prosecute the case, stating that “The trial committee of this case shall prosecute the Plaintiff and the designated parties by unanimous opinion, and shall suspend their duties as the head of the Plaintiff and the designated parties from September 5, 2014 to the end of the trial of this case pursuant to Chapter 5(5) of Chapter 1 of the Ordinance on the Disciplinary Powers of the religious Order Constitution.”

C. The Plaintiff and the designated parties filed an objection against the instant prosecution decision. On September 17, 2014, the instant trial committee held a meeting on September 17, 2014 and resolved to dismiss the said objection by unanimous opinion.

Upon the rejection of the objection, the Plaintiff and the designated parties filed a motion to challenge the trial members of the instant trial committee. Accordingly, the instant trial committee held a meeting on September 18, 2014 and resolved to entrust the judgment of the Plaintiff and the designated parties to the general meeting (JJ, hereinafter referred to as the “instant general meeting”).

E. The instant general assembly constituted a conciliation committee for reconciliation and arbitration, and summoned both the Plaintiff and the designated parties on two occasions, but the Plaintiff and the designated parties were not complied with. The said conciliation committee held a meeting on October 14, 2014 and held a meeting on the grounds that “the Plaintiff and the designated parties did not take the process of establishing the head of a religious order as stipulated in the constitution, and thus are not qualified.

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