Court Sets New Church Property Rules

“When certain members of a church separate to form a new church, the property of the former church should rest with the former church members, and the new church members should forfeit their claim for the property.”

“But exceptions exist when two thirds of the members of the former church agreed to build a new church, wherein the old institution can be seen to be replaced by the new own, so that the property of the former church may be claimed by the members of the new church.”

The Supreme Court announced a new guideline on rules and exceptions of church property issues. It is the first change in the law in fifty years.

Following the new ruling, a number of lawsuits on church property are expected to occur.

The Supreme Court deliberative body (headed by Kim Young-ran, justice of the Supreme Court) announced on April 21 on the case in which Chung, a pastor of church S of Sinjeong-dong, Yangcheon-gu, Seoul and several members of the church set up a new institution of the same name and transferred the property to the new church, which induced the former members to file a lawsuit asking for the return of property rights, in which the court ruled on April 20 by a vote of twelve to one to break the original ruling and turn the case back to the Seoul High Court.

The court stated “When certain members of the church checked out of their church and set up a new institution, it is the rule that they should forfeit their claim on the property of the church.”

However, the court added that “‘exceptions exist when two thirds of the members of the former church agreed to build a new church, wherein the old institution can be seen to be replaced by the new one, so that the new churchgoers may claim the property of the former church.’

The Supreme Court maintained for fifty years the ruling that the property of church, in case church is split, be claimed by all members, and the changes only be made with the agreements of all members of the church. The new church thus had no say in claiming the property of the old.

However, with the change of ruling the Supreme Court agreed that only in cases where two thirds of the members of the former church agreed to build a new church can the new institution be held as an extension of the old.

The ruling has applied the articles concerning legal entities, where civil law stipulates that a majority of two thirds be required for a change of the entities.

Ji-Seong Jeon verso@donga.com