개신교단의 권징결의와 사회법정의 권징재판

• 영문명: The discipline decision of the Christian denomination and the discipline judgement of a civil court
• 발행기관: 중앙대학교 법학연구원
• 저자명: 황규학(Hwang Gui Hag)
• 간행물 정보: 『법학논문집』法學論文集 第37輯 第2號, 31~52쪽, 전체 21쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2013.09.30

영문 초록

The discipline judgement in the denomination is similar to a civil law and an administrative law of a civil court. But compared with a civil court, the discipline judgement in the denomination court is a discipline action to correct church congregation including pastors and elders violating the church government and Bible. Those who are not subjective to the final decision of church court in the denomination appeal a civil court. But because secular courts lack the authority or competence to determine religious questions such as a dogma, a discipline, they dismiss most of the suits of discipline. However, recently a civil court had judged a case of a discipline which had been judged in a church court. A kind of discipline case judged as a civil court is a case with a legal relationship related to church property. Second, a kind of discipline case judged in a civil case is a case through an invalid process. Third, a civil court goes to trial a case which lacks social justice when placing judgement in a church court. Compared with Korean civil court, American civil court does not go to trial a case regarding religious questions even though there is an invalid process with church discipline. Korean supreme court also does not judge a case of discipline with minimal process problems, but judge cases with serious invalid processes. In conclusion, this article deals with relationship between a church court and a civil court related to church discipline and emphasizes disciplinary subject changing from denomination to church congregation according to a subject who has owner over church property.

목차

Ⅰ. 서론

Ⅱ. 교단법정의 권징재판

Ⅲ. 사회법정의 권징재판

Ⅳ. 미국법정의 권징재판

Ⅴ. 최근 권징과 관련한 판결의 경향

Ⅵ. 결론

참고문헌

ABSTRACT

키워드

권징 교단재판 사회법정 교회정관 총유 church discipline a civil court church regulation the ownership of church property church government