[Plaintiff, Appellee] Plaintiff (Attorney: Law Firm (LLC) Dongin, Attorneys Lee Jong-chang and 1 other, Counsel for the Plaintiff)
[Defendant, Appellant] The Presbyterian Church of Korea (Tonghap) ○○○○ Church (Attorney: Attorney Jeong Chi-gyun, Counsel for the Defendant)
[Judgment Below] Daegu High Court Judgment of April 26, 2018, Case No. 2016Na26342
[Order]
The appeal is dismissed. The costs of the appeal shall be borne by the Defendant.
[Reasoning]
The grounds of appeal (including the supplementary appellate brief submitted after the expiration of the period for submission of the grounds of appeal, to the extent it supplements the grounds of appeal) are examined as follows.
1. As to the First Ground of Appeal
According to the reasoning of the judgment below and the record, it can be recognized that the members of the Defendant church held an extraordinary joint congregational meeting and adopted a resolution dismissing the Plaintiff, who was the installed pastor (委任牧師). It is recognized that Article 35, Paragraph 2 of Part 2 (Polity) of the Constitution of the denomination to which the Defendant belongs (hereinafter “the denomination in this case”) provides that a church shall propose to the presbytery (老會) a recommendation for voluntary resignation from office, and the presbytery shall recommend such resignation, and the matter shall be handled once the party concerned submits a letter of resignation; that Article 4, Paragraph 1, Article 5, Paragraph 1, Item 7, and Article 6, Paragraph 2 of Part 3 (Discipline) of the denomination’s Constitution provide that every member (officer) has the right to a trial and to defend himself, and shall not be disciplined without a trial, and that removal from office (免職), which deprives an officer of his status, is one of the types of punishment imposed through disciplinary proceedings; and that Article 26, Paragraph 7 of the Enforcement Regulations of the Constitution (憲法施行規程) provides that pastors, elders, deacons, and deaconesses may not be forced to resign by a vote of confidence.
The court below, comprehensively considering the contents of the denomination’s Constitution and its Enforcement Regulations, determined for the reasons stated in its judgment that the authority to recommend voluntary resignation to a pastor lies with the presbytery, and that if a pastor does not submit a letter of resignation to the presbytery, only disciplinary punishment such as removal from office, as prescribed by the denomination’s Constitution, may be imposed through trial procedures; therefore, the Defendant’s joint congregational meeting’s resolution to dismiss the Plaintiff as pastor, which was made without going through trial procedures, not only violates the above constitutional provisions but also constitutes resignation by a vote of confidence, which is prohibited under Article 26, Paragraph 7 of the Enforcement Regulations of the Constitution, and is therefore invalid.
There is no error in the judgment below, as alleged in the grounds of appeal, in the interpretation of the denomination’s Constitution.
2. As to the Second Ground of Appeal
The court below determined, for the reasons stated in its judgment, that as the Defendant joined this denomination, it accepted the Constitution and Enforcement Regulations established by the denomination as its own autonomous rules (自治規範); that the Enforcement Regulations of the Constitution were established, pursuant to Article 4 of the Addenda to the denomination’s Constitution, within the scope of delegation in order to supplement the Constitution, and cannot be seen as violating constitutional provisions such as Article 77, Paragraph 5 of Part 2 (Polity) of the Constitution, and are therefore valid; accordingly, the Defendant is bound by the said Enforcement Regulations of the Constitution.
There is no error in the judgment below, as alleged in the grounds of appeal, in misunderstanding the effect of the Enforcement Regulations of the Constitution.
3. As to the Third Ground of Appeal
A. Where a Protestant church that has the substance of an unincorporated association (法人 아닌 社團) is incorporated as a local church (地敎會) affiliated with a specific denomination, organizes its decision-making bodies in accordance with the denomination’s Constitution, and accepts a pastor dispatched by the denomination as the representative of the local church, then, although there may be differences depending on the polity of the denomination, in principle the local church is, in principle, an unincorporated association independent of the denomination to which it belongs, and the denomination is nothing more than a superior body of the local church in terms of internal religious relations. However, where a local church has not established its own bylaws, or even where it has established bylaws, it may accept the Constitution established by the denomination as an autonomous rule equivalent to its own bylaws; in such a case, the local church is bound by the denomination’s Constitution only to the extent that doing so does not infringe upon the independence of the local church or the essential nature of religious freedom (see, e.g., Supreme Court en banc Decision 2004Da37775, decided April 20, 2006).
A specific denomination to which each local church belongs exists for the purpose of maintaining the denomination’s own distinctive characteristics, such as the content of its doctrine, and the religious order within the denomination. To achieve this purpose of existence, the denomination, as necessary, performs functions such as enacting, amending, and interpreting the denomination’s Constitution, handling various disputes within the denomination, including administrative disputes, establishing qualification requirements for pastors and other clergy, and supervising and directing its affiliated local churches. The necessity of guaranteeing the autonomy of religious organizations applies equally not only to local churches but also to the denomination, which is the superior body of the local church; therefore, the religious autonomy of both religious organizations must be guaranteed. However, in certain cases, the religious autonomy of a local church and that of the denomination may conflict with each other, and in such a case, the autonomy of the local church is inevitably subject to certain restrictions in light of the denomination’s purpose of existence (see, e.g., Supreme Court Decision 2013Da78990, decided December 11, 2014).
B. The Defendant argues that the Constitution and Enforcement Regulations, which prohibit the dismissal of a pastor by the members of the church, infringe upon the independence of the local church or the essential nature of religious freedom, and therefore should not be recognized as binding upon the Defendant.
However, according to the reasoning of the judgment below and the record, it is recognized that: Article 35, Paragraph 2 of Part 2 (Polity) of the denomination’s Constitution provides that where a church proposes to the presbytery a recommendation for voluntary resignation, the presbytery shall recommend such resignation; Part 3 of the denomination’s Constitution recognizes a certain authority of the church over whether a pastor continues to serve, by allowing disciplinary punishments such as suspension of duties, dismissal from duties, suspension from office, and removal from office to be imposed on a pastor through disciplinary proceedings initiated by complaint or accusation; under Articles 28 and 29, etc. of Part 2 (Polity) of the denomination’s Constitution, the ordination of a pastor is accomplished through a call by the church and approval of the call by the presbytery, and it appears that restricting the procedure for a pastor’s dismissal to trial in accordance with the denomination’s Constitution, rather than to a resolution of the church members, serves to guarantee the status of a pastor ordained through the aforementioned procedure of calling and approval thereof, thereby preventing disputes within the church while at the same time strengthening the autonomy and independence of the church; and in particular, the Defendant, of its own volition, joined this denomination as an affiliated local church, thereby accepting the denomination’s Constitution and Enforcement Regulations as its autonomous rules. Considering these circumstances together with the legal principles set forth above, it cannot be said that the denomination’s Constitution and Enforcement Regulations, which provide that a pastor may not be dismissed by a resolution of the church members unless trial procedures are followed, infringe upon the independence of the church or the essential nature of religious freedom.
C. Accordingly, there is no error in the judgment below, which reached its conclusion to this effect, in misunderstanding the legal principles concerning the freedom of religion as alleged in the grounds of appeal.
4. Conclusion
Therefore, the appeal is dismissed, and the costs of the appeal are to be borne by the losing party. This judgment is rendered as stated in the Order, by the unanimous opinion of the participating Justices.
Justice Lee Ki-taek (Presiding Justice), Justice Kwon Soon-il, Justice Park Jung-hwa, Justice Kim Sun-soo (Justice in Charge)