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TITLE [Affirmation of Nullity of a Resolution of Church Conference]Supreme Court Decision 2003Da63104 Delivered on February 10, 2006 [full Text]
Summary
[1] Whether an act under the organization law that affects individual's status within a religious organization is subject to judicial review (affirmative with qualification) [2] The conditions for finding various resolutions or dispositions that affect an individual's status within the church to be null and void ab initio [3] The case which held that even though there was a defect of not having gone through an advance resolution at the church conference in the procedure of convening the collective council for a confidence vote on the pastor and the presbyters, the non-confidence resolution on administrative presbyters at a collective council cannot be deemed null and void ab initio, because it is not a material defect that can never be tolerated in light of the notion of justice [4] The case which held that convening and presiding over the church conference and the collective council for the invitation of a succeeding pastor belongs to the scope of the duties of a retiring pastor who continues to perform the duties of the chairman of the church conference in accordance with Article 691 of the Civil Code
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