Open Decision Ledger · Civil obligations & remedies
Local church bound by denominational rules on dismissing a pastor
Supreme Court, May 16, 2019, 2018Da237442 (judgment)
No holding summary · checked against points at issue. The official text publishes no summary of the holding for this decision. The quotation and factors in this record are copied verbatim from the points at issue; the evidence for each axis is taken from the points at issue, the order and the reasons.
Case name: 해임결의무효확인
Official text on the National Law Information Center
Question
Where a church's members resolved at a temporary general meeting to dismiss their installed pastor without any trial, was that resolution invalid under the denominational constitution and its implementing rules, and do those rules impair the local church's independence or the essence of its religious freedom?
Holding
It was. Reading the denominational constitution and its implementing rules together, the Supreme Court found no error below: the presbytery alone may recommend a resignation from ministry, and a pastor who submits no letter of resignation may only face penalties such as dismissal as discipline through a trial, so a congregational dismissal without a trial is contrary to the constitution and is the resignation by a vote of confidence that Article 26(7) of the Implementing Rules forbids. Nor was there error in holding that these rules do not impair the local church's independence or the essence of its religious freedom: the church joined the denomination of its own will and took the rules as its own autonomous norms, and confining dismissal to a trial protects the tenure of a pastor installed by the church's call and the presbytery's approval, prevents disputes and strengthens the church's autonomy and independence.
Points at issue, verbatim
갑 교회가 스스로의 의사에 따라 교단 소속 지교회로 편입하여 교단 헌법 및 헌법시행규정을 자치규범으로 받아들인 점 등 제반 사정과 관련 법리에 비추어 보면, 교단 헌법과 헌법시행규정이 재판절차에 따르지 않는 이상 교인들의 의결로 목사를 해임할 수 없도록 정하였다고 하여 교회의 독립성이나 종교적 자유의 본질을 침해하였다고 볼 수 없다고 한 사례
Unofficial English translation
Considering the relevant circumstances and legal principle, such as the fact that Church A, in accordance with its own will, was incorporated as a local church of the denomination and accepted the constitution of the denomination and the Enforcement Rules of the Constitution as autonomous norms, a case holding that it cannot be regarded as having infringed upon the independence of the church or the essence of religious freedom merely because the constitution of the denomination and the Enforcement Rules of the Constitution provide that a pastor may not be dismissed by a resolution of the congregation members without undergoing trial proceedings
Disposition
Dismissed Stated in the decision
상고를 기각한다. 상고비용은 피고가 부담한다.
Unofficial English translation
The appeal is dismissed. The costs of the appeal shall be borne by the defendant.
Form of the test
Elements stated Stated in the decision
지교회의 독립성이나 종교적 자유의 본질을 침해하지 않는 범위 내에서 교단 헌법에 구속된다
Unofficial English translation
is bound by the constitution of the denomination to the extent that it does not infringe upon the independence of the local church or the essence of religious freedom
Factors
- 목사에게 시무사임을 권고할 수 있는 권한은 노회에게 있고
- 목사가 노회에 사임서를 제출하지 않는 경우 재판절차를 거쳐 교단 헌법이 정한 면직 등의 책벌을 할 수 있을 뿐이므로
- 헌법시행규정이 금지하는 신임투표에 의한 사임에 해당하는 것이어서
- 목사의 해임을 교인들의 의결이 아니라 교단 헌법에 따른 재판에 의하도록 제한하는 것은 교회의 청빙과 노회의 승인 절차로 임직된 목사의 신분을 보장하여 교회 내 분쟁을 방지함과 함께 교회의 자율권과 독립을 강화하려는 측면도 있는 점
- 갑 교회가 스스로의 의사에 따라 교단 소속 지교회로 편입하여 교단 헌법 및 헌법시행규정을 자치규범으로 받아들인 점
Unofficial English translation
• the authority to recommend that a pastor resign from his post as pastor in charge lies with the presbytery, and
• where a pastor does not submit a letter of resignation to the presbytery, disciplinary punishments such as removal from office as prescribed by the constitution of the denomination may be imposed only through trial proceedings, and therefore
• it fell under resignation by a vote of confidence prohibited by the Enforcement Rules of the Constitution, and
• restricting the dismissal of a pastor so that it is effected not by a resolution of the congregation members but by a trial under the constitution of the denomination also serves to guarantee the status of a pastor who has been installed through the procedures of a call by the church and approval by the presbytery, thereby preventing disputes within the church while strengthening the autonomy and independence of the church, and
• Church A, in accordance with its own will, was incorporated as a local church of the denomination and accepted the constitution of the denomination and the Enforcement Rules of the Constitution as autonomous norms
Relation to precedent
Follows earlier decisions Stated in the decision
대법원 2006. 4. 20. 선고 2004다37775 전원합의체 판결(공2006상, 851)
Unofficial English translation
Supreme Court en banc Decision 2004Da37775, decided April 20, 2006 (Gong 2006 Sang, 851)
Decisions referred to
[2] 대법원 2006. 4. 20. 선고 2004다37775 전원합의체 판결(공2006상, 851) / [3] 대법원 2014. 12. 11. 선고 2013다78990 판결(공2015상, 108)
Burden of proof
Not addressed Not in the decision
Open question and revisit condition
If the local church's own articles permit its congregation to dismiss the pastor by resolution, which norm prevails over the denominational constitution?
A record showing the local church had its own articles on the pastor's tenure, or that the affiliation was not voluntary, would require this entry to be read again. So would an amendment to Article 31 or Article 40 of the Civil Act or Article 20 of the Constitution, or a later Supreme Court decision on how far a denomination may limit a local church's religious autonomy.
Cross-family AI independent reading & axis check
6 of 8 axes matched GPT-6 Astra (OpenAI, codex CLI) · 2026-10-25
A reader from another model family (GPT-6 Astra), given the official text but not the primary reading, agreed on 6 of the 8 axes; the readings differed on axis 4 (form of the test), axis 8 (open question and revisit condition).
Axis 4 (Form of the test): Primary “Elements stated” vs Independent “Existing test applied”
Both readings record the burden of proof as not addressed, so the listed divergence does not appear in that field; the real difference lies in the standard form, where the primary reads it as stating requirements and the independent reading as applying the facts to the case.
교단 헌법과 헌법시행규정이 재판절차에 따르지 않는 이상 교인들의 의결로 목사를 해임할 수 없도록 정하였다고 하여 교회의 독립성이나 종교적 자유의 본질을 침해하였다고 볼 수 없다고 한 사례Axis 8 (Open question and revisit condition): Primary “If the local church's own articles permit its congregation to dismiss the pastor by resolution, which norm prevails over the denominational constitution?” vs Independent “Under what circumstances would denominational restrictions on pastoral dismissal infringe the essence of a local church's independence or religious freedom?”
The primary reading asks which norm prevails when a local church's own articles conflict with the denominational constitution, while the independent reading asks what circumstances would make the restriction infringe the essence of church independence.
갑 교회가 스스로의 의사에 따라 교단 소속 지교회로 편입하여 교단 헌법 및 헌법시행규정을 자치규범으로 받아들인 점 등 제반 사정과 관련 법리에 비추어 보면, 교단 헌법과 헌법시행규정이 재판절차에 따르지 않는 이상 교인들의 의결로 목사를 해임할 수 없도록 정하였다고 하여 교회의 독립성이나 종교적 자유의 본질을 침해하였다고 볼 수 없다고 한 사례Raw responses and comparison record: Protocol · Blind readings (JSONL) · Axis comparison (JSONL) · SHA-256 (JSON)
Lower-court contrast & scope of application
Lower-court reading vs. Supreme Court holding
Lower-court context: The Daegu High Court, in its judgment of 26 April 2018 (2016Na26342), held the members' resolution to dismiss the plaintiff, the installed pastor, void. The presbytery alone may recommend a resignation, and without a letter of resignation only a trial may impose dismissal, so the resolution was contrary to the constitution and was the resignation by a vote of confidence forbidden by Article 26(7) of the Implementing Rules. It also held the defendant bound: by joining of its own will, it took the constitution and the rules as autonomous norms, which were enacted within the authority of Article 4 of the Supplementary Provisions and violate no provision.
Supreme Court standard: The Supreme Court found no error on each of the three appeal grounds. It restated the framework: a local church affiliated with a denomination is in principle an independent unincorporated association, and the denomination is no more than a superior body in religious internal relations, though the local church is bound by the denominational constitution within the range that does not impair its independence or the essence of its religious freedom; and where the two bodies' religious autonomy collides, the local church's autonomy may be limited in light of the denomination's purpose of existence. It dismissed the appeal and placed the costs on the defendant, by the unanimous opinion of the participating Justices.
Distinguishing conditions
- A local church that did not join the denomination of its own will, or did not take the rules as its own autonomous norms.
- A rule whose application would impair the local church's independence or the essence of its religious freedom, since the binding force stops at that line.
- A pastor not installed by the church's call together with the presbytery's approval, so the tenure-protection reason does not reach the case.
Record verification notes
Set the specific provisions of the denomination's own constitution and implementing rules against the local church's own articles, and trace the pastor's appointment through the church's call and the presbytery's approval, since the Court relied on both. Confirm that the dismissal came from a congregational resolution and not from a denominational trial, and read the provisions of the denomination in question in themselves, since the Court noted that differences exist depending on the denomination's polity.
From the official text
Points at issue
[1] 갑 교회의 교인들이 임시공동의회를 개최하여 위임목사인 을을 해임하는 결의를 하자, 을이 갑 교회를 상대로 위 결의는 갑 교회가 속한 교단의 헌법과 헌법시행규정에 반하여 무효라며 해임결의무효확인을 구한 사안에서, 교단 헌법과 헌법시행규정의 내용을 종합하면 목사에게 시무사임을 권고할 수 있는 권한은 노회에게 있고, 목사가 노회에 사임서를 제출하지 않는 경우 재판절차를 거쳐 교단 헌법이 정한 면직 등의 책벌을 할 수 있을 뿐이므로, 재판절차를 거치지 않은 위 목사해임 결의는 교단 헌법 규정에 반할 뿐 아니라 헌법시행규정이 금지하는 신임투표에 의한 사임에 해당하는 것이어서 무효라고 판단한 원심판결에 교단 헌법의 해석에 관한 잘못이 없다고 한 사례 [2] 법인 아닌 사단으로서 실체를 갖춘 개신교 교회가 특정 교단 소속 지교회로 편입되어 교단 헌법에 따라 의사결정기구를 구성하고 교단이 파송하는 목사를 지교회의 대표자로 받아들이는 경우, 소속 교단과 독립된 법인 아닌 사단인지 여부(원칙적 적극) 및 이 경우 지교회가 교단 헌법에 구속되는 범위 [3] 지교회가 속한 교단의 존립 목적 및 이를 위하여 수행하는 기능 / 지교회와 교단 사이에 종교적 자율권이 상호 충돌하는 경우, 지교회의 자율권이 일정한 제한을 받는지 여부(적극) [4] 교인들에 의한 목사해임을 금지하는 갑 교회 소속 교단의 헌법과 헌법시행규정이 지교회의 독립성이나 종교적 자유의 본질을 침해하는지 문제 된 사안에서, 목사의 해임을 교인들의 의결이 아니라 교단 헌법에 따른 재판에 의하도록 제한하는 것은 교회의 청빙과 노회의 승인 절차로 임직된 목사의 신분을 보장하여 교회 내 분쟁을 방지함과 함께 교회의 자율권과 독립을 강화하려는 측면도 있는 점, 갑 교회가 스스로의 의사에 따라 교단 소속 지교회로 편입하여 교단 헌법 및 헌법시행규정을 자치규범으로 받아들인 점 등 제반 사정과 관련 법리에 비추어 보면, 교단 헌법과 헌법시행규정이 재판절차에 따르지 않는 이상 교인들의 의결로 목사를 해임할 수 없도록 정하였다고 하여 교회의 독립성이나 종교적 자유의 본질을 침해하였다고 볼 수 없다고 한 사례
Unofficial English translation
[1] Where, after the congregation members of Church A held a temporary joint council and passed a resolution dismissing Pastor B, the commissioned pastor, B filed an action against Church A seeking confirmation of the nullity of the dismissal resolution on the ground that the resolution was void as contrary to the constitution and the Enforcement Rules of the Constitution of the denomination to which Church A belongs, in a case in which the court below held that the foregoing dismissal resolution, which had not undergone trial proceedings, was void not only as contrary to the provisions of the constitution of the denomination but also as falling under resignation by a vote of confidence prohibited by the Enforcement Rules of the Constitution, since a comprehensive reading of the contents of the constitution of the denomination and the Enforcement Rules of the Constitution shows that the authority to recommend that a pastor resign from his post as pastor in charge lies with the presbytery, and that where a pastor does not submit a letter of resignation to the presbytery, disciplinary punishments such as removal from office as prescribed by the constitution of the denomination may be imposed only through trial proceedings: a case holding that the judgment of the court below contained no error in the interpretation of the constitution of the denomination [2] Where a Protestant church that is an unincorporated association with substance is incorporated as a local church of a particular denomination, forms its decision-making body in accordance with the constitution of the denomination, and accepts the pastor sent by the denomination as the representative of the local church, whether it is an unincorporated association independent of the denomination to which it belongs (in principle, affirmative) and, in such case, the scope within which the local church is bound by the constitution of the denomination [3] the purpose of existence of the denomination to which the local church belongs and the functions it performs for that purpose / where the religious autonomy of the local church and that of the denomination conflict with each other, whether the autonomy of the local church is subject to certain restrictions (affirmative) [4] Where the issue was whether the constitution and the Enforcement Rules of the Constitution of the denomination to which Church A belongs, which prohibit the dismissal of a pastor by the congregation members, infringe upon the independence of the local church or the essence of religious freedom, considering the relevant circumstances and legal principle, such as the fact that restricting the dismissal of a pastor so that it is effected not by a resolution of the congregation members but by a trial under the constitution of the denomination also serves to guarantee the status of a pastor who has been installed through the procedures of a call by the church and approval by the presbytery, thereby preventing disputes within the church while strengthening the autonomy and independence of the church; and the fact that Church A, in accordance with its own will, was incorporated as a local church of the denomination and accepted the constitution of the denomination and the Enforcement Rules of the Constitution as autonomous norms: a case holding that it cannot be regarded as having infringed upon the independence of the church or the essence of religious freedom merely because the constitution of the denomination and the Enforcement Rules of the Constitution provide that a pastor may not be dismissed by a resolution of the congregation members without undergoing trial proceedings
Summary of the holding
The official text publishes no summary of the holding for this decision. The quotation and factors in this record are copied verbatim from the points at issue; the evidence for each axis is taken from the points at issue, the order and the reasons.
Order
상고를 기각한다. 상고비용은 피고가 부담한다.
Unofficial English translation
The appeal is dismissed. The costs of the appeal shall be borne by the defendant.
Provisions referred to
[1] 민사소송법 제250조, 민법 제31조, 제40조, 헌법 제20조 [2] 민법 제31조, 제40조, 헌법 제20조 [3] 민법 제31조, 제40조, 헌법 제20조 [4] 민법 제31조, 제40조, 헌법 제20조
Read 2026-10-25 · Cross-read 2026-10-25. All quotes matched against the official text. The Chinese-character placeholders the court used for anonymised parties are given in their Korean readings, and parenthetical Chinese-character glosses are omitted.
Every entry is published only after all quotes have been matched character by character against the official text, and audited by an independent second reading from a different model family across all eight axes. Both agreed axes and text-grounded interpretive divergences are recorded openly. The ledger is a research record, not an assessment of the court or advice on any matter.
Back to the ledger