Church Disputes

Issues

Church disputes are conflicts among church members over matters such as pastoral calls, church finances, church discipline, and denominational affiliation. Two questions have long been debated. The first is whether disputes between believers may be taken to civil courts, the so-called "secular courts." The second is to whom property such as a church building belongs when a church splits or leaves its denomination.

Positions on Lawsuits in Civil Courts

The View That Disputes Should Be Resolved Within the Church

This view cites 1 Corinthians 6:1–8 as its key text. Paul rebuked believers for bringing their disputes with one another before unbelievers and told them it would be better to suffer wrong. Proponents hold that this teaching should be followed as written. They also cite Matthew 18:15–17, which calls for admonition in successive steps. In the Korean Presbyterian Kosin denomination, a presbytery once petitioned the General Assembly to prohibit lawsuits between believers and to expel those who violated the rule.

The View That Legal Procedures May Also Be Used

This view holds that 1 Corinthians 6 addresses ordinary civil disputes and does not forbid recourse to the courts in matters of property and rights that cannot be resolved by church judicatories (councils that exercise judicial functions within the church). Proponents cite Acts 25:10–11, where Paul, as a Roman citizen, appealed to Caesar, and Romans 13:1–4, which states that governing authorities are ordained of God. The Kosin General Assembly has also resolved that, while refraining from lawsuits is the principle and church judicatories should take precedence, litigation may be pursued when unavoidable.

To Whom Does Church Property Belong?

The View Emphasizing the Connection to the Denomination

Traditions in which a higher governing body oversees local congregations, such as the presbytery in Presbyterianism or the annual conference in Methodism, regard the local church as part of the denomination. Accordingly, they hold that even if some members leave the denomination, the church and its property should remain with those who stay in the denomination. They cite Acts 15, in which the churches followed the decision of the Jerusalem Council.

The View Emphasizing the Will of the Members

Traditions of local church autonomy, such as the Baptist, Congregationalist, and independent church traditions, hold that decision-making authority rests with the congregation of each church. Accordingly, they maintain that affiliation and property may be determined by the consensus of the members. They cite Acts 6:3–5, in which the congregation chose seven men to serve. The argument that the stake of members who built up the property through their offerings should be respected also aligns closely with this position.

The Situation in Korea

Korean churches have experienced repeated denominational divisions, including the schisms in Korean Presbyterianism, and each was followed by lawsuits over church buildings. Korean courts regard a church as an "unincorporated association" (a body that is not a registered corporation but has the substance of an organization) and regard church property as held in collective ownership (chongyu) shared by all the members. A 1956 decision of the Supreme Court of Korea held that when a church divides, its property belongs to the members at the time of the division, in effect recognizing church schism.

The en banc decision of the Supreme Court of Korea on April 20, 2006 (2004Da37775), overturned this precedent. Under this decision, church schism is not recognized in law. Members who leave a church, whether individually or as a group, lose their rights to its property, and the property becomes the collective holding of the remaining members. However, if at least two-thirds of the members with voting rights approve a resolution to withdraw from or change denominations, the faction leaving the denomination is recognized as the original church. The decision included a minority opinion favoring recognition of schism, on the ground that it is unjust for members who are compelled by their faith to leave a church to lose all property rights. Since then, Korean courts have determined which side is the original church by examining whether a two-thirds majority was obtained at a lawfully convened general meeting of the members.

Points for Further Reflection

• To what extent should the teaching of 1 Corinthians 6 be applied today in states governed by the rule of law?
• Which should take precedence when denominational order conflicts with the will of a local congregation's members depends on the principles of church polity.
• A court ruling can determine to whom property belongs, but it cannot substitute for reconciliation. How to make judicial and mediation processes within the church trustworthy remains an open task.