교단의 권징재판과 사회법정의 권징재판

Abstract

The discipline judgement in the denomination is similar to a civil law and an administrative law of a civil court. But compared with a civil court, the discipline judgement in the denomination court is a discipline action to correct church congregation including pastors and elders violating the church government and Bible. Those who are not subjective to the final decision of church court in the denomination appeal a civil court. But because secular courts lack the authority or competence to determine religious questions such as a dogma, a discipline, they dismiss most of the suits of discipline. However, recently a civil court had judged a case of a discipline which had been judged in a church court. A kind of discipline case judged as a civil court is a case with a legal relationship related to church property. Second, a kind ofdiscipline case judged in a civil case is a case through an invalid process. Third, a civil court goes to trial a case which lacks social justice when placing judgement in a church court. Compared with Korean civil court, American civil court does not go to trial a case regarding religious questions even though there is an invalid process with church discipline. Korean supreme court also does not judge a case of discipline with minimal process problems, but judge cases with serious invalid processes. In conclusion, this article deals with relationship between a church court and a civil court related to church discipline and emphasizes disciplinary subject changing from denomination to church congregation according to a subject who has owner over church property.