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SOUTHERN CALIFORNIA RECORD

Monday, November 4, 2024

San Jose Korean Central Church sues Korean Evangelical Church of America over Disaffiliation Dispute

State Court
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In a legal battle involving the San Jose Korean Central Church (SJKCC) and the Korean Evangelical Church of America (KECA), the SJKCC filed a complaint for declaratory and injunctive relief against KECA on August 30, 2019. The complaint was filed in Santa Clara County by Francis Chung, who purported to act on behalf of SJKCC, challenging KECA's disciplinary actions against him and his allies.

The dispute began when SJKCC's board, led by Senior Pastor Francis Chung, approved new bylaws on June 9, 2019, and voted to disaffiliate from KECA. This decision was ratified by the congregation a week later at a special meeting. However, KECA had already suspended Chung from his duties as an SJKCC board member before these actions took place. KECA argued that any actions taken by the SJKCC board under Chung’s leadership were void due to his suspension. Consequently, KECA revoked Chung’s pastorship and excommunicated him on July 27, 2019. Two of Chung’s allies were also removed from their positions as elders and board members on June 23, 2019.

Chung filed the lawsuit seeking recognition of SJKCC's disaffiliation from KECA and confirmation that SJKCC owned the property where the church was located. In response, KECA and several individual defendants filed a cross-complaint alleging that Chung and his faction had no right to control or possess the church property. They characterized Chung’s group as a "rogue faction" attempting to usurp power.

After a lengthy trial spanning 13 days, the court ruled in favor of KECA and its co-defendants on both the original complaint and the cross-complaint. The court concluded that ecclesiastical decisions made by KECA regarding internal discipline were not subject to judicial review based on First Amendment principles requiring civil courts to defer to religious tribunals' decisions concerning doctrine, practice, faith, ecclesiastical rule, discipline, custom, law, governance, and administration.

The court affirmed that Francis Chung had no authority to call or participate in board meetings after his suspension and found procedural irregularities in how he conducted meetings and votes for disaffiliation. As such, it declared all actions taken by Chung post-suspension invalid. Additionally, it upheld KECA's judgments removing Chung’s ordination and excommunicating him along with disciplining his allies.

The plaintiffs sought injunctive relief preventing KECA from interfering with SJKCC’s operations and sought declaratory judgment confirming their ownership of church property. However, the court granted permanent injunctions in favor of respondents (KECA), preventing Chung's faction from interfering with SJKCC's activities or possessing its property.

Attorneys involved included representatives for both sides: plaintiff Francis Chung was represented by unnamed counsel while defense attorneys represented KECA. The case was presided over by judges within California's Sixth Appellate District under Case ID H048995.

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