종교·양심의 자유와 기독교

Abstract

The recent issue of the Supreme Court ruling, which is reflected in our eyes, shows that in addition to the risks of inconsiderate content, the Supreme Court ruling holds the imperfectness of the Supreme Court form. So-called 'subsocial theory' is the act on the internal matters of an organization. In the case of pure internal matters, the judiciary itself should refrain from examining the matters in consideration of the independence of the organization. It was a case of precedent. Of course, disputes surrounding the legitimacy of legal rights or legal relations or procedures specifically revealed, even in the internal acts of religious organizations, may be subject to trial, but internal disciplinary actions under the Constitution or bylaws within the organization or ministerial status under the denomination's constitution. The requirements, calls and delegations are, in principle, sacred affairs within religious organizations that are not appropriate for the secular court to intervene and, in principle, cannot be subject to judicial review. Furthermore, not only should the case be changed by a consensus judgment, but in order to minimize social shock or aftereffect, it is only necessary to change the conviction for a long time to innocence, or vice versa. ), It would be good to have time to take legislative action for a period of time.