교단탈퇴와 관련한 법률문제

Abstract

The collective legal nature of both Protestant branch churches and denominations is that each has its own capacity as an unincorporated corporation, and the branch church has the character of a sub-organization of the denomination internally and at the same time is an independent entity externally, so the relationship between the two is problematic. The branch church organizes or joins a denomination in order to cooperate with its goals in missions, evangelism, and relief work, and to facilitate the management and administration of the branch church's property.* Lawyer, Center Director of LOGOS LAW LLC. However, branch churches and denominations are not always in a cooperative relationship, and there are times when there is a conflict of interest or conflicting relationship, which leads to legal disputes and eventual withdrawal of the branch church from the denomination. Disaffiliation is not a desirable phenomenon for either the branch church or the denomination, but it cannot be banned unconditionally because the branch church has religious freedom. Here, certain requirements are required for the withdrawal of a branch church, and the most problematic thing in the process is the issue of the right to convene the general meeting of the church, the subject to which the chairmanship is vested, and the number of members and the quorum of the members. The denomination tries to dismiss the pastor when a branch church tries to disaffiliate from the denomination, and the pastor tries to disaffilate when his misconduct is revealed and the denomination tries to discipline him. As such, since disciplinary action against senior pastors and disaffiliation from the denomination are often abused, there is a need for Religious, Moral, and Legal Standards on the validity of the convening and chairing rights for the resolution of disaffiliation, so this paper attempts to present these standards. In addition, unless otherwise specified, it is said that disaffiliation is valid only with the consent of more than two-thirds of the enrolled members, but since it is very difficult to meet such a requirement in reality, we tried to relax the resolution requirement.