Church Bylaws

Definition and Meaning

The Korean term jeonggwan (定款, "articles" or "bylaws") originally referred to the basic rules that a corporation or organization establishes for itself. Church bylaws apply this concept to the church: they are the operating rules that an individual congregation adopts by resolution of a general meeting of its members. Depending on the church, they may also be called a "constitution," "regulations," or "detailed rules."

Bylaws typically cover the following:

• Name, location, affiliated denomination, and founding purpose
• Qualifications, rights, and duties of members
• Composition and authority of decision-making bodies such as the congregational meeting, the session, and the board of officers
• The call of the senior pastor, the election of officers, and terms of service
• Management of finances, auditing, and ownership of property
• Procedures for amending the bylaws and for dissolution

Biblical and Historical Background

The word "bylaws" does not appear in the Bible. However, "Let all things be done decently and in order" (1 Corinthians 14:40) is frequently cited as a basis for setting church order down in writing. The selection of the seven servants in Acts 6 and the Jerusalem Council in Acts 15 are also cited as examples of the early church reaching decisions through shared procedures.

After the Reformation, Protestant churches began to put their rules of church governance in writing. The ecclesiastical ordinances that John Calvin drew up in Geneva in 1541 are a leading example. In the Congregationalist and Baptist traditions, the church covenant and constitution adopted by members became the foundation of church governance.

Practice in Korean Churches

The relationship to denominational constitutions varies according to the form of church polity.

• In churches where denominational oversight is relatively strong, such as Presbyterian and Methodist churches, the denominational constitution is the higher norm. Local church bylaws address matters the constitution does not specify, and disputes sometimes arise over the validity of provisions that conflict with the constitution.
• In churches with congregational polity that emphasize the autonomy of the local church, such as Baptist and independent churches, the constitution adopted by the general meeting of members effectively functions as the highest norm.

The legal significance of bylaws is also considerable. Most churches in Korea are treated as unincorporated associations, that is, organizations not registered as legal corporations. Consequently, when disputes arise, the courts regard the bylaws as the standard for the church's decision-making. In a 2006 en banc decision, the Supreme Court of Korea held that a resolution by members to withdraw from a denomination requires the approval of at least two-thirds of those entitled to vote. Since then, bylaw provisions on voting requirements and on the ownership of property have received significant weight in cases of church division and in property disputes.

Submission of bylaws or a constitution is also commonly required when obtaining an organizational identification number from the tax office. With the implementation of taxation of religious workers in 2018, a growing number of churches have revised their finance-related provisions.

In addition, some church members and church reform organizations have called for bylaws to specify the senior pastor's retirement age, votes of confidence, financial disclosure, and succession to the office of senior pastor. This discussion is also connected to the debate over hereditary pastoral succession. Others, however, argue that overly detailed bylaws constrain the denominational constitutional system or pastoral judgment.