교회분열시 재산귀속과 형사책임의 범위
The Property Jurisdiction of The Separated Church and The Scope of The Criminal Liability
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As the church have grown up quantitatively, the crisis caused by the denomination and inner trouble have frequently come about. When the church is divided, there are not the systems to settlement the crisis. Finally, the solutions rely on a sentence of the court. The supreme court have recognized the separation of the church. and when the church was divided, the property of the church have confirmed the gesamteigentum of the previous believers. but this opinion of the supreme court would rather confuse than solve. In April 2006, The supreme court changed the former opinion. the separation of the church cannot be approved in principle. and when the church is divided, the property of the church declared the gesamteigentum of the remaining believers. As the opinion of the supreme court on the crisis of the church property changed, the criminal liability related these problems have an effect on the sentence. This paper purpose is to study the criminal liabilities on a embezzlement and theft to be based a new opinion of the supreme court. the results follow as; First, If the leaving believers do not return a previous church property, the embezzlement is realized. Second, If the leaving believers take a previous church property, the theft is completed
Abstract
As the church have grown up quantitatively, the crisis caused by the denomination and inner trouble have frequently come about. When the church is divided, there are not the systems to settlement the crisis. Finally, the solutions rely on a sentence of the court. The supreme court have recognized the separation of the church. and when the church was divided, the property of the church have confirmed the gesamteigentum of the previous believers. but this opinion of the supreme court would rather confuse than solve. In April 2006, The supreme court changed the former opinion. the separation of the church cannot be approved in principle. and when the church is divided, the property of the church declared the gesamteigentum of the remaining believers. As the opinion of the supreme court on the crisis of the church property changed, the criminal liability related these problems have an effect on the sentence. This paper purpose is to study the criminal liabilities on a embezzlement and theft to be based a new opinion of the supreme court. the results follow as; First, If the leaving believers do not return a previous church property, the embezzlement is realized. Second, If the leaving believers take a previous church property, the theft is completed
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