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(영문) 부산고등법원 2018.09.20 2018나52290
출입금지
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The reasoning of the judgment of the court of first instance is that it is not sufficient to acknowledge the defendant's assertion as evidence additionally submitted by this court, and that Eul's statement of evidence Nos. 16 through 26 and O's testimony of a witness of the trial of the court of first instance is rejected. The defendant's assertion that the defendant emphasizes or adds to this court is identical to the ground of the judgment of the court of first instance, except for adding 2. 'Additional Judgment' as to the argument that the defendant emphasizes or adds to this court

2. Additional determination

A. The summary of the defendant's assertion 1) The branch church is bound by the Constitution of the religious order only to the extent that it does not infringe on the essence of independence or religious freedom. The preservation and management of the basic property of the branch church constitutes an essential part to protect the independence of the branch church. Since it violates the independence of the branch church to determine the third party assembly regarding the management of the basic property of the branch church, such a provision of the Constitution is not binding on the branch church, so it is not possible to recognize the binding force on the branch church. 2) The disposition of the church in this case has serious procedural defects such as the execution of the procedure as the representative F in conflict with the defendant as the director of the trial office, or there is a significant defect, such as the defendant's act committed as part of justifiable criticism on the operation of the

Even if there are grounds for disciplinary action against the Defendant

Even if the instant disposition was rendered, it was excessively excessive compared to the grounds for the relevant disciplinary action, and thus, the instant disposition of departure is null and void.

B. Determination 1) As to the argument of the above 1) in light of the circumstances acknowledged in the judgment of the first instance court and the following circumstances, which are acknowledged in full view of the entries of the evidence No. 22 in the judgment of the first instance, and the overall purport of the testimony and arguments of the witnessO of the party branch church, i.e., the Constitution stipulated by the religious order as the autonomous norm corresponding to its rules

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