Feb 22 • 10:41 UTC 🇰🇷 Korea Hankyoreh (KR)

Can the State Dissolve Religions? [Han Seung-hoon Column]

This article discusses the complex legal issues surrounding the possibility of the South Korean government dissolving religious organizations that engage in political activities.

As political allegations against religious organizations arose, South Korean President Lee Jae-myung has called for an examination of whether the government can dissolve religious foundations that systematically interfere with politics in violation of the principle of separation of church and state. A week after the president's inquiry, the Ministry of Legislation concluded that it is a civil law issue rather than a constitutional one, suggesting that the competent authority, the Ministry of Culture, Sports and Tourism, could revoke the operating permits of such organizations. This raises significant questions about the current legal framework and the feasibility of state intervention against religious entities in South Korea.

Understanding these complex issues necessitates clarification of some terms, particularly distinguishing between 'religious organizations' and 'religious corporations.' Religious organizations can take several forms, from small hobby groups centered around spiritual practice to traditional institutions like churches and temples. These groups might form denominations or federations for specific purposes, such as evangelism and social services. On the legal side, these organizations may also attain legal status through the establishment of associations or foundations to achieve their objectives, complicating the interactions between different religious entities and the state's regulatory authority.

The implications of this legal discourse extend far beyond mere procedural questions. It provokes debates about the essence of religious freedom in South Korea and the limits of governmental oversight. If the state intervenes to dissolve certain religious organizations based on political involvement, this could set a precedent impacting the religious landscape, leading to potential conflicts concerning fundamental rights and the broader principle of separation of church and state in governance.

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