민사소송절차와 교회 내부 징계절차 및 행정쟁송절차의 비교 검토

• 발행기관: 한국민사소송법학회
• 저자명: 오시영
• 간행물 정보: 『민사소송』제12권 제1호, 464~502쪽, 전체 39쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2008.05.30

영문 초록

A religious body and theses about the discipline of the church with emphasis on the justice of the disciplinary trial and the legal contentiousness until now. But I closely examined in this study the process of the discipline and the administration contentiousness in the church looking into the Constitution of the Korean Presbyterian Church(unification religious body), one of the most popular Christian organizations in Korea. And by searching the limitation of judicial review to the justice of the inner trial in the church, I tried to prevent the legal dissension which can be created due to ignorance about the process of the inner trial in the church. The above Constitution amended recently involves the large part of the Civil Proceedings Act except that it is in effect strongly the principle of official authority in the processes and contents because of the property of the religious body. There is a disciplinary trial and an administration contentiousness trial in the Constitution. As an administration contentiousness, there are an administrative litigation, the litigation of an cancellation or an invalidity of the decision, that of political organizations which exist in the church, that of the cancellation and the invalidity of the election. There are three grades for the court of the individual church, the court of the General Assembly of Elders, the court of the General Assembly of the religious body in the trial. Each court above is comprised of the pastor and the Elders. The parties concerned can apply for the evasion or the exclusion to whom it may be concerned in the church. As a general judicial procedure, the Constitution decides whether they are right or not and informs them of how to write the petition and the preparatory document and how to hand them in. As a pleading procedure, the Constitution provides the process of the examination of the evidence and the questioning of the witness, the right of the elucidation and the command in the legal proceeding of the presiding judge and that of the demand of the question for the parties concerned. And the Constitution stipulates the procedure of the sentence of the judicial decision, the effect of the judicial decision, the appellate trial, the action and the special one for renewal of procedure, etc. A judicial precedent of the Supreme court takes a stand that the court can t judge about the violation of the procedure of the discipline and the doctrine of the church, if the disciplinary trial is sentenced by the legitimate court according to the Constitution. I think that this judgement has many problems, because it is different from the judgement that the court decides if the procedure of the release from the head priest in a temple is against to the process of the discipline of the Constitution and law of the religious order. The pure religious matters like doctrine as a matter of fact doesn t have the property of a legal contentiousness. But it is very important matters because the dismissal and discharge of the pastor is deprived him from the status of the paster and expels him from the religious body, which makes his life tough. Therefore, I think that it is right that the court judges whether at least the court in the church against the Constitution and the provisions of the discipline causes the discipline trial and administration contentiousness or not, even though the court guarantees against the right of the self control in the church and isn t involved with the judgement on the decision of the doctrine. But I suggest that the judicature isn t profoundly involved with the problems of the religious body by the principle of the separation of government and religion. I hope that you ll understand the procedure of the discipline and the administration contentiousness in the church and give the right legal judgement about the troubles of the church through this thesis.

목차

Ⅰ. 서 론

Ⅱ. 교회 내부의 재판절차

Ⅲ. 법률적 쟁송성에 대한 평가

Ⅵ. 결 론

참고문헌

키워드

교회재판 권징 행정쟁송 교회재판국 사법심사 소의 이익 법률적 쟁송성 trial of the church discipline of the church administration contentiousness in the church the court of the individual church judicial review profit of the lawsuit the quality of the legal contention