The case holding that the election procedure for the president of the General Affairs Office and the election for the director of the General Affairs Office, which were amended by the above-mentioned resolution, are invalid on the ground that the above-mentioned resolution has no effect, since the provisional chairman of the Central Council cannot be seen as a legitimate meeting due to serious defects in the convocation procedure.

The case holding that the election procedure for the president of the General Affairs Office and the election for the director of the General Affairs Office, which were amended by the resolution of the above sub-council, are invalid on the ground that the re-election procedure and the election for the director of the General Affairs Office based on the re-election procedure are not effective, since the provisional sub

Articles 31, 70, 71, and 72 of the Civil Act

Gao (Attorney Hwang-soo et al., Counsel for the plaintiff-appellant)

Omancheon (Law Firm Hong, Attorneys Ansan-dong et al., Counsel for the plaintiff-appellant)

August 27, 1999

1. The defendant confirms that he has no qualification for the president of the Korea Buddhist Cho Jong-chul.

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

The same shall apply to the order.

1. Basic facts

If Gap 4, Gap 5, Gap 6, Gap 8, Gap 9-1 and 7, Gap 26-1, 27, Eul 2-1, Eul 6-1, 2, 3, Eul 8-1, 2, 3, Eul 13, and Eul 23-1 are collected, the following facts may be acknowledged:

A. The plaintiff is a Vice-Speaker of the Korea Buddhist Cho Jong-sung (hereinafter referred to as the "JJ") and the defendant is a person who was elected as the chief of the Cho Jong-sung on December 29, 1998 as a candidate for the election of the chief of the 29th Cho Jong-sung.

B. Cho Jae-sung is a religious organization that emblifies the fundamental doctrine of Cho Jong-su's self-esteem of tin and each junife (each junife), knife, stimulity, stimulity, and stimulity (predinity), and has set up religious principles and has maintained the order of organization and religion, and has received 13,000 the number of knife belonging to the religious group.

(c) At the early stage, there is a senior decision-making body consisting of not less than 17 but not more than 25 won, which is composed of not more than 17 but not more than 81 members elected by the Election Act as a legislative body and a central decision-making body, and there is a senior decision-making body consisting of not less than 81 members elected by the Election Act, and there is a chief secretary as a central decision-making body.

D. As a representative of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class

On the other hand, in the case of a final emergency, the Central Council may be dissolved upon the request of 2/3 of the registered members of the senior council (Article 24 of the Constitution).

E. On November 20, 1998, the term of office of the Director General of the 28th Cho Jong-tae (the title of "Law": hereinafter the title of "Law") has expired, the chairman of the National Election Commission of the above Order registered as a candidate on October 8, 1998, the election day of the Director General of the 29th National Election Commission on November 12, 1998; the place of election was sent to him; the period of registration of the candidate was from November 2, 1998 to November 4, 1998; and accordingly, the election announcement was made to him/her on November 2, 1998; and accordingly, the election announcement was made to him/her on January 2, 1998; and the period of registration of the candidate was made from November 4, 1998.

F. However, there was criticism that, within the above end group, Song Jong-ju had already taken office in the position of the Director General of Cho Jong-tae in around 1980, he was against the constitution of the type of the class of the class of the class of the class of the class of the class of the class that permits him to be appointed as the Director General of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the military to be appointed as the Director General of the class of the class of the class of the class of the class of the military to be appointed only once. However, on around 1980, Song Jong-ju had taken office as the Director General

G. On September 29, 1998, some of the members of the Mediation Group in critical form to the existing system of the Director General of the Management Office of Dispatched, constituted a Joint Council meeting to oppose the President General of the Management Office of Song-ju on September 29, 1998, and on October 26, 1998, the head of the Management Office of the Mediation Group, the head of the Management Office of the Mediation Group (the title of the Law: the title of the law; hereinafter referred to as the "the head of the Management Office of Song-ju") held the authority of the Head of the Management Office of the Mediation Group to temporarily dismiss the Head of the Management Office of the Management Office of the Management Office of the Management Office of the Management Office of the Management Office of the Management Office of the Management Office of the Management Office of the Management Office of the Management Office of the Management Office of the Management Office of the Management Office of the Management Office of the Management Office of the Management Office of the Management Office of the Management Office of the Management Office of the Management Office of the Management Office of the Management Office of the Management Office of the Management Office of the Management.

H. In regard to this, the existing General Secretary-General declared that the election of the 29th General Director-General was held, and the election of the 29th General Director-General, which was scheduled to be held on the same day, was not held on the 12th day of the same month, attempted to enter the office building of the 29th General Director-General.

I. Meanwhile, on the 14th day of the same month, eight council members of the above Order of the Closing shall hold a meeting in the Gu-U.S. M. and make a decision on the recommendation for dissolution of the Central Order of the Central Association. On the 3th day of the same month, the end of the month was dissolved on the ground that it is an emergency of the final order stipulated in Article 24 of the Constitutional Court of Korea on the same day.

On November 16, 1998, when a successor is not elected or his term of office has not been commenced after the expiration of the term of office of the president of the General Affairs Office, the former General Affairs Office, on the 19th day of the same month, issued a Central Council to revise the General Affairs Office Act to act on behalf of the president in the order of the chief of the General Affairs Office, the head of the Planning Office, etc., and on the 19th day of the same month, the sending month resigned from the candidate of the General Affairs Office, and on behalf of the Red Interest (the Do Act, hereinafter referred to as the "Do Act") after the expiration of the term of office of the Director General.

(k) On November 30, 14:00 of the same year, the Ministry of General Affairs held a national competition for the protection of the final constitutional law by combining more than 1,200 people, focusing on the president of the Kimnam-gu (Law, etc.), the president of the Central Council of the Do Council of the Do Council of the Republic of Korea (Law, etc.), the acting president of the Do Council of the Do Council of the Do Council of the Republic of Korea, and the top-line in the top-line, and tried to enter the office of the Do Council of the Republic of Korea. In the process, on December 1, 1996, there were several armed conflicts with the winning of the Cleanup Reform Council of the Do Council of the Republic of Korea, but eventually failed to enter the office of the Do Council of the Do Council of the Republic of Korea.

(l) On December 1 of the same year, the former executive organ of the KOG held a temporary central committee meeting on the 7th day of the same month at the KOG Education Center, and held the 136th day from the KOG on the 7th day of the same month, and held the 29th day from the 81st day from the 81st day from the 81st day from the 81st day from the 196th day from the 13th day from the 196th day from the 196th day from the 196th day from the 81st day from the 81st day from the 81st day from the 196th day from the 196th day from the 196th day from the 29th day from the 29th day from the 29th day from the 14th day from the 196th day from the 29th day from the 192nd day from the 29th day from the 19th day from the 12nd day from the 19th day from the 1st day.

(m) On the other hand, on December 11, 1998, the Ministry of General Affairs won won in favor of the executive branch of the Ministry of General Affairs in the case of the 98Kahap3664 and the Prohibition of Interference with Business, which was brought against the party member of the Cleanup Reform Council against the party of the Cleanup Reform Council, and the decision was executed on the 23th day of the same month, and the purification Reform Council moved out from the Lighting Office.

n. On the 29th day of the same month, 283 voters, among the 314 electors, vote by 283 voters, and the defendant was elected by the last 115 voters, and the Cho Jae-won held the 8th class meeting in the presence of 14 members of the 30th class meeting on the 30th day of the same month, and held the 14th class meeting in the presence of 22 members of the 14th class meeting and led the defendant to the election of the defendant.

2. The parties' assertion

A. The plaintiff's assertion

The plaintiff asserts that the defendant's election is null and void for the following reasons.

(1) On November 14, 1998, the 136 Provisional Central Council was held by the members of the Central Council who already been dissolved due to the proposal of the senior council and the order of the senior council. Thus, the election of the chief secretary of the Central Council and the chief director of the 29th Central Council, which was amended by the resolution of the said Provisional Central Council, shall not be effective.

(2) In addition, the 136 Provisional Central Council did not go through the procedure of public announcement as prescribed by the Central Council Act, and there is a serious defect in the procedure, such as amending the 29th Central Council Election Act to invalidate the existing procedure of public announcement without the consent of the existing candidates, which was scheduled to be implemented on November 12, 1998 after the public announcement was made on October 8, 198.

(3) The defendant is not eligible for election as the Director of the General Affairs Office because he fails to comply with the procedure for the registration of property under the Election of Director General Act.

B. Defendant’s assertion

(1) On November 14, 1998, the original meeting was not convened by a lawful convening authority, and it does not fall short of the limits of intention and quorum, and it does not constitute a “serious emergency” which is the requirement for dissolution of the central branch. Thus, the resolution of the original meeting on November 14, 1998 or the order for dissolution of the central branch of the household following the order has no effect.

(2) The Defendant is eligible for the election as prescribed by the Election of the President of the General Affairs Act, and the election of the President of the General Affairs Office of the 29th General Affairs was duly held by the eligible electoral group in accordance with the Constitutional Court, the election procedure in accordance with the Religious Order, and the election was duly held by the eligible electoral group on the 30th of the same month, and the election of the Defendant is valid since the 14 members present at the meeting

3. Determination

(a) Effect of an order to dissolve a central subdivision;

(1) In the event of a serious situation that threatens the existence and stability of a group, the steering-level meeting may, with the approval of two-thirds or more of the incumbent members, request the dissolution of the central meeting (Article 13 of the Round Act). The closing-class meeting may dissolve the central meeting at the recommendation of two-thirds or more of the incumbent members of the Round in an emergency (Article 24 of the Round Act).

(2) Therefore, for the order of dissolution of the central branch of the senior council to be valid, it shall be premised on the fact that not less than 2/3 of the members of the senior council were proposed. Therefore, it shall be examined on November 14, 1998 whether the quorum of the senior council was met.

(3) First of all, at the time of the resolution of the above senior group, the members of the senior group are 21 persons in total (the legal name of the members of the senior group for the purpose of the senior group for the purpose of the above senior group; hereinafter the same shall apply); 8 members of the senior group who actually attended the senior group at the above senior group, 21 persons in total (the law name of the members of the senior group for the purpose of the senior group for the purpose of the senior group for the purpose of the 21st class (the committee for the senior group for the 201st class, the Do governor, the Do governor, the Do governor, the Do governor, the Do governor, the Do governor, the Do governor, the king, the Cheongsan, the Simsan, the Hamsan, the Hamsan, the Do governor, the Hamsan, the Hamsan, the Do governor, and the Do governor). Other than this, there is no dispute between all parties to delegation the power of the senior members.

(4) On the other hand, the plaintiff asserts that the Do Council member and the Do Council member submitted the power of attorney, and accordingly, the Do Council member's Do Council member's Do Council member's Do Council member's Do Council member's Do Council member's Do Council member's Do Council member's Do Council member's Do Council member's Do Council member's Do Council member's Do Council member's Do Council member's Do Council member's Do Council member's Do Council member's Do Council member's Do Council member's Do Council member's Do Council member's Do Council member's Do Council member's Do Council member's Do Council member's Do Council member's Do Council member's Do Council member's Do Council member'

(5) Therefore, the resolution to dissolve the central council at the above senior council shall be made by the resolution of 13 incumbent 2/3 of the members of the council, which is the quorum stipulated in Article 24 of the Constitution, and the above resolution of dissolution shall not be effective, and an order to dissolve the central council of the senior council based thereon shall also be null and void. Thus, this part of the plaintiff's assertion shall not be accepted.

B. The legality of the temporary central closing meeting 136

(1) An extraordinary session of the chief class of the steering group shall be convened within 15 days when the chairperson deems it necessary or when the president of the general affairs or at least 1/3 of all incumbent members request it (Article 14 of the Central Council Act). However, when the convocation becomes final and conclusive, the notice of the above convocation shall be published in the French newspaper, which is the organ of the steering group, one time, and the fact that the notice of the convocation was posted on the bulletin board of the general affairs officer, and the fact that the convocation of the 136th extraordinary meeting has not been made seven days prior to the convocation of the 136th extraordinary meeting is not in dispute between the parties. Thus, the above provisional central council neglects the procedure of the publication, thereby seriously defective in the convocation procedure.

(2) Judgment on the defendant's assertion

(A) On November 10 of the same year, the Defendant issued a decision to convene the 135 regular meeting of the 136 regular meeting on the 24th regular meeting of the same month, which was held at the 136 regular meeting of the 136 regular meeting. However, as the office building of the 135 regular meeting of the 136 regular meeting of the 136 regular meeting in the name of the Speaker of the Central Council, etc. was occupied by the 136 temporary meeting of the 136 regular meeting of the 136 regular meeting in the name of the 10th regular meeting of the 10th regular meeting, the Defendant asserted that the 136 regular meeting of the 136 regular meeting was not held by the 10th regular meeting of the 198 regular meeting of the 10th regular meeting of the 10th regular meeting of the 136 regular meeting was not held by the 135 regular meeting of the 20th regular meeting of the 10th regular meeting of the Central Council.

(B) If it is customaryly impossible to give such a public notice due to the occupation of the office building of the general secretary of the Cleanup Reform Council, it shall allow each member of the Central Council to attend the Provisional Central Council and to exercise the right of reasonable discussion and resolution by giving a notice to all the members of the Central Council who can take the procedure of public notice or notify in a manner corresponding thereto so that each member of the Central Council can be informed of the purpose, date, time, place, etc. of the meeting. The provisional Central Council resolution held without any such notice or notice of convening the Central Council shall be deemed to have serious defects in the procedure. In particular, in the course of a series of proceedings related to the 29th Central Office Head Office election, which was the beginning of the Central Office Head Office, the conflict between the candidates and the conflicts inside the Central Office Head Office at the time of the 29th Central Office Head Office, and as a result, the resolution of the Central Office Head Office to invalidate the existing Head Office procedure at the time of the 29th Election Reform and the new resolution of the National Assembly Head Office to exercise the right of the Central Council Head.

(C) However, it is recognized that the 135 regular central meeting was held at the 136 regular central meeting of the 135 regular central meeting (24 November 24, 1998) and the 136 regular central meeting was passed on December 1, 1998, but the meeting place was entrusted to the chairman, but there is no evidence to support that all the members of the central meeting were present at the time of the above resolution, and there is no evidence to support that the 136 regular central meeting was notified of the 136 regular central meeting of the fact that there was no material to support that the 136 regular central meeting was convened with respect to the important purpose of the meeting, such as amending the General Election Act at the 136th extraordinary central meeting (the above statements in 39). In light of the fact that it is recognized that the 136th regular central meeting was carried over to each committee, election and other cases, a legitimate notice of the 136th regular central meeting cannot be deemed to have been made.

(D) In addition, according to the statements in Eul 47-1, 2, 3, and 4, on November 25, 1998, prior to the 136th provisional central meeting, the president of the central branch office, etc. sent special mail to 63 members of the Central branch office among 81 members of the Central branch office, and there is no evidence to support that the contents of the mail are documents pertaining to the notification of convening a temporary central branch office as alleged by the defendant. Even though the contents of the mail are documents of notification of convening a temporary central branch office (40) as alleged by the defendant, Eul 40 did not contain any indication as to the purpose of the temporary central office office office, such as the amendment of the General Head Office Election Act, and the place of the meeting is also written as steering members other than the main bank of the building, which is the place of the temporary central branch office branch office, and it cannot be viewed that the notice of convening a 136th provisional central council meeting was legitimate.

(E) In addition, according to the records in Eul 49-1 and 9, when the Buddhist newspaper, which is the place of assistance, was occupied by the process of the Cleanup Reform Committee, the executive branch of the previous general affairs department issued the steering assistant as the place of the branch of the religious group instead of the above Buddhist newspaper; the articles held on November 27, 1998 at 10:0 a.m. on December 10, 1998 at the steering assistant of the 136 temporary central council was held at 10:0 a.m.; and on December 4, 1998, the next table was published on December 7, 1998 at the steering assistant of the next group; however, in light of the form and content of the publication, it cannot be viewed as a legitimate publication of the defendant's local council.

(f) The defendant argues that even if the 136th provisional central council of Korea did not go through a lawful public announcement procedure, the above provisional central council is effective as it was held by a resolution of the National Assembly for the purpose of the No. 1998, Nov. 30, 1998, with the first constitutional effect under an emergency.

In the case of the 1st century, the 1st century does not stipulate in the final law and the final law, but in the case of the 1st century, the entire public gathering of opinions on the matters of the 1st century from the 1st century to the 2nd century through a sufficient opinion gathering, the results were derived from the method of gathering the inherent opinion of the king called the 'san Heavy Construction' and the 'large Heavy Construction' which is called the 'large-scale Construction'. In the case of an emergency which cannot be resolved by the ordinary procedure, the 1st century shall hold a national competition and seek a resolution of the 1st century, and the decision in the competition shall be recognized as a unconstitutional binding force, so long as the contents of the resolution or decision in this case violate the positive law and other social regulations, the validity of the resolution or decision shall be recognized.

However, as seen earlier, the whole of the defendant's participation in the national competition held on November 30, 1998 under the circumstances where the two parties hold a national competition by gathering the support force of the existing general affairs department, and where the two parties hold a national competition by gathering the support force, and thereafter hold a regional competition, the national competition on November 30, 1998 held on the part of the defendant's participation in the national competition regardless of the number of participation (the number of participations is 13,000 people among the total number of 13,00 people who participated in the national competition at the time, and only 1,200 people among the total number of people who participated in the national competition) is gathering and forming a combined opinion through a sufficient opinion gathering, it cannot be deemed that the nation's participation in the national competition with the nature of law, and thus, it cannot be deemed that the defendant's participation in the national competition has the status of a national competition with the unity of law, and the defendant's participation in the national competition is not justified.

(3) In addition, if the pursuit of absoluteness of the world and the practice of love externally is the core role of religion, as in the instant case, if there are other persons having different opinions on the election method of the president of the General Affairs who plays a key role in the future career and religious administration of the Religious Order within the same religious order as in the instant case and their opinions cannot be deemed to be remarkably unfair, if one party of the election result that has been neglected due to disregarding the prescribed procedure in the situation where the procedure is being neglected or compromiseed and the other party is neglected, it would be against the meaning of religion, and it would be unfair because it forces the so-called ---called frighter to resist it.

(4) In addition, despite the serious defect in the resolution procedure for the amendment of the Act on the Election of the President General, which is the Daejeon District Office Head, as seen above, it may be argued that the procedural defect in the amendment of the Act on the Election of the President General based on the assumption that the number of valid votes obtained by the defendant as the result of the election of the President General exceeds a majority of the total number of the members of the President General, even if the election of the President General is held through a new procedure, is not a serious defect as much as the defendant's election becomes null and void. However, the original defendant did not register as the candidate of the President General, and the defendant could not be held to be held to have the remaining candidate, even if the number of valid votes obtained by the defendant exceeds the majority of the total number of the members of the President General, and the defendant's allegation that the above amendment of the Act on the Election of the President General was not a serious defect as long as the election of the President General was invalidated, even if the majority of the candidates did not have participated in the election.

(5) In addition, in light of the above evidence and the whole purport of the pleading, the above amendment, in light of the background, procedure, and content of the amendment, there is room to view that the election procedure of the President of the President of the Office of General Affairs is invalid by artificially amending the election procedure of the President of the Office of General Affairs in order to elect the former President of the Office of General Affairs or the defendant as the new President of the Office of General Affairs without excluding other candidates in the situation where the former President of the Office of General Affairs resigned from the office of General Affairs.

(6) Therefore, the 136th interim meeting is a serious defect in its procedure, so it cannot be deemed a legitimate meeting, and the 29th interim meeting amendment by a resolution of the above interim meeting also has no effect, and the election procedure of the 29th presidential meeting and the defendant's election of the defendant based thereon are not valid without further examination of the remaining issues, such as the defendant's election of the head of the 29th general meeting and the election of the defendant based thereon.

4. Conclusion

Thus, the defendant is not eligible for the president of the Korea Buddhist Cho Jong-sung. Thus, the plaintiff's claim of this case seeking confirmation is justified and it is decided as per Disposition.

Judges Completion-type (Presiding Judge)