교인들의 교회탈퇴 여부 판단시 고려사항에 관한 소고

In church disputes, Korean Supreme Court (the “Court”), since year 2006, has taken standpoint that the church cannot be divided into two or more groups, but the members can secede from their own church. Because the church is an unincorporated association, anyone who seceded from the church will automatically lose his/her membership, including the rights to enter into the chapel, particularly a church property. For this reason, the Court will merely find that a members seceded from his/her church. Nevertheless, it will not deny the church-secession. Hence, we need to discuss what shall be considered to determine whether a group of members have seceded from their church. The most important sign in the determination of the church-secession is the denial of the common-nature as one church-community. If so, what criteria shall be used to determine whether there is such denial? The Court has suggested such criteria as follows: (i) whether the members shown their intents to secede from the church; (ii) whether the members affirmatively voted to withdraw from the local church’s affiliation with its general church at the general meeting of members; (iii) whether the members have followed the doctrines and the service practices different from the existed those; (iv) the number of the members in the seceding-group; (v) whether the religious community was formed as separated from the existed church; and (vi) they have different name from the existed church, etc. Of the above, the most strong criteria is whether the members have followed the doctrines and the service practice different from the existed those. That is an area in which civil court can not intervene. Hence, the most practicable methods to resolve the church disputes are to divide the disputes into two groups: (i) the doctrinal disputes and (ii) the earthly disputes, and then (a) if it is the doctrinal disputes, the members shall be automatically treated to secede from the church and (b) if the earthly disputes, other resolution methods can apply. In the resolution of the disputes, It must be considered that if a court gives more care of the property rights of each members (and merely find that a members seceded from his/her church), they might be more struggle within the church property.