원문정보
The Property Jurisdiction of The Separated Church and The Scope of The Criminal Liability
초록
영어
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.
목차
Ⅱ. 교회의 성격과 기관
1. 교회의 개념
2. 교회의 법적 성격
3. 교회의 기관
Ⅲ. 교회의 분열과 재산귀속
1. 교회의 분열
2. 소결
3. 교회분열시 재산의 귀속
Ⅳ. 교회분열시 재산귀속의 문제와 형사책임
1. 교회분열시 재산귀속과 관련된 형사적 문제
2. 판례의 입장
Ⅴ. 맺으며
참고문헌
ABSTRACT