Venerable Myungjin, Who Criticized the Jogye Order on "News Factory," Also Wins Appeal Ruling "Disciplinary Action Invalid"

Claim for Damages Dismissed Due to Statute of Limitations

Venerable Myungjin, who was stripped of his monastic status in 2017 for criticizing the leadership of the Jogye Order of Korean Buddhism, has again received a ruling in the appellate court declaring his disciplinary action invalid, upholding the decision of the lower court.

Expelled for Criticizing "Jogye Order Is Not Religious"... Venerable Myungjin: "Retaliatory Disciplinary Action Is Unjust"

Venerable Myungjin. Photo by Yonhap News

According to the legal community on January 31, the Seoul High Court Civil Division 15-2 (Judges Shin Yongho, Lee Byunghee, and Kim Sangwoo) ruled on January 16 that the expulsion disciplinary action against Venerable Myungjin, who filed a lawsuit against the Jogye Order seeking confirmation of the invalidity of the disciplinary action, is invalid, partially ruling in favor of the plaintiff. However, the court dismissed Venerable Myungjin's claim for 300 million won in damages, stating that the statute of limitations had expired.

Previously, in December 2016, Venerable Myungjin appeared on the TBS program "Kim Eo-jun's News Factory" and sharply criticized the management of the order, stating, "The costs for templestays and cultural heritage management have turned into the chief executive's discretionary funds," and "The current religion is like a mirage reeking of rot. The Jogye Order is not at all religious."

The Ho-beopbu, which serves as the investigative body within the Jogye Order, determined that Venerable Myungjin's remarks "damaged the dignity of the monastic community and the honor of the order without basis, and disparaged and undermined the reputation of monks in the executive branch and key administrative positions." The Ho-beopbu subsequently requested his expulsion.

The Chosim Ho-gyewon, which serves as the judiciary within the order, accepted the Ho-beopbu's request and expelled Venerable Myungjin on April 5, 2017, after he failed to comply with the summons for the hearing. At the time, Venerable Myungjin argued that stripping him of his monastic status was an unjust political and retaliatory disciplinary action against monks critical of the Jogye Order.

The First Trial Court: "Not to the Extent of Insult Beyond Constructive Criticism"; Appellate Court Also "Upholds Lower Court Ruling"

In February 2023, Venerable Myungjin filed a lawsuit against the Jogye Order seeking to invalidate the expulsion decision, and in June last year, he received a ruling in his favor, eight years after the disciplinary action. The first trial court only acknowledged his refusal to cooperate with the Ho-beopbu investigation as grounds for discipline, rejecting the remaining reasons. The court explained, "While his remarks may have gone beyond constructive criticism or the expression of opinions, they did not reach the level of personal insult or contempt. Therefore, it is difficult to conclude that the dignity of the monastic community or the authority of the order was undermined."

The appellate court stated, "The claims made by both the plaintiff and defendant in this court do not differ significantly from those made in the first trial, and upon reviewing the evidence submitted in both the first and appellate trials, the findings and judgment of the first trial are justified," dismissing both Venerable Myungjin's and the Jogye Order's appeals.

This content was produced with the assistance of AI translation services.