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(영문) 울산지방법원 2019.07.11 2019가합12271
담임목사 직무집행금지 등
Text

1. The defendant shall appoint the members of the D religious organization E church, the members of the personnel division, and the personnel administration in Ulsan-gun C.

Reasons

1. Indication of claim;

A. The D Religious Organization E (hereinafter referred to as the “instant church”) in Ulsan-gun C was established around August 199, and F was employed as a member of the said church since the establishment of the said church.

The instant church was originally affiliated with the Hao Association of D Religious Organizations, but around April 2007, revised its articles of incorporation to I (hereinafter “I”) as an incorporated association (hereinafter “I”).

B. Until August 1, 2007, F served as a member of the instant church, and on August 1, 2007, F transferred the duties of the member of the instant church to the Plaintiff, who is his assistant, at the temporary organization on August 1, 2007.

Accordingly, the plaintiff has been employed as a member of the church of this case from that time until 2015, following F.

C. However, there was suspicions, such as that the Plaintiff was in exchange with, or related to, a group suspected of being suspected of the Plaintiff during his/her term of office as a standing tree officer.

Accordingly, the members of the instant church demanded the resignation of the plaintiff, and the F, as the chairperson of the committee for emergency countermeasures of the instant church, convened a joint council on January 11, 2015, confirmed the above dismissal decision with the consent of 57 members among 74 members present, and passed a resolution on the agenda on the appointment of himself/herself as a new member with the consent of 57 members present. On February 15, 2015, the members convened a joint council on February 15, 2015, and passed a resolution on the agenda for the dismissal of the plaintiff and the re-verification of their appointment with the consent of 78 members present.

The instant church also requested the Plaintiff to take disciplinary action against the Plaintiff, and the said federation decided on February 24, 2015 to suspend the Plaintiff’s qualification as a pastor.

E. On November 4, 2015, the Plaintiff dismissed the instant church from his/her position as a pastor and appointed F as a new pastor on January 11, 2015; and

2. 15. Each of the co-councils filed a lawsuit seeking confirmation of invalidity.

On January 18, 2017, the court has the authority to convene a joint council under the articles of association of the church of this case. The plaintiff, who is a member of the church, shall be qualified as a member of the church as above.

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