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(영문) 광주지방법원 2020.04.16 2019가합56017
호남선교연회 위법재판 무효확인
Text

1. The instant lawsuit shall be dismissed.

2. The costs of the lawsuit are assessed against the defendant.

1. The plaintiff shall be punished by a year from suspension;

2...

Reasons

1. Basic facts

A. The plaintiff was a member of the D church to which the defendant belongs.

B. On April 24, 2017, the Defendant-affiliated trial committee rendered a judgment that the Plaintiff shall be punished by one year of suspension from office as follows (hereinafter “instant judgment”).

Notes

1. The plaintiff shall be punished by a year from suspension;

2. The costs of trial shall be borne by the complainant (former local Emerg) and the defendant (Plaintiff) in duplicate by 1/2.

(Omission) In order to slander a complainant who was in charge of administrative disposition, the Plaintiff’s act of demonstration by writing on the Internet C Religious Organization’s bulletin board and Flock Card before the Flock, and even if the Defendant Nonparty paid 3,462,00 won for trial costs at the time of suspension from office on behalf of his/her sexual intercourse with his/her sexual intercourse, the Plaintiff’s act of defamation by spreading false facts, intentional defamation, insult, or malicious propaganda, etc. through various means, such as writing his/her sexual intercourse, was verified by a variety of evidentiary materials (Omission).

C. Around May 2, 2017, the Defendant notified the Plaintiff of the fact that the instant judgment was rendered, and the instant judgment became final and conclusive around that time because the Plaintiff did not file an appeal in accordance with the doctrine and the doctrine of law regarding the instant judgment.

[Ground of recognition] A without dispute, entry of evidence No. 23, purport of the whole pleadings

2. Determination as to the legitimacy of the instant lawsuit

A. The Defendant’s judgment of this case, which asserted that the Plaintiff’s main defense against the safety of this case is null and void, is not subject to judicial review. Since one year has passed since the suspension period set by the instant judgment, the instant lawsuit is nothing more than confirming the past legal relationship. The instant judgment became final and conclusive because the Plaintiff did not appeal to the Appellate Committee of the second instance court against the instant judgment, even though it was possible for the Plaintiff to appeal to the Appellate Committee of the second instance.

Therefore, the instant lawsuit is unlawful.

B. Determination 1.

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