Notice

The decree of the Archdiocese of Gwangju regarding "excommunication" is null and void in accordance with Canon Law.

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The decree issued by the Archdiocese of Gwangju in 2008 did not conform to the Cannon Law.


On January 1, 2008, the Archbishop of Gwangju issued "a decree of excommunication for all clergy, priests, and pilgrims visiting Naju." The decree stated, "This decree binds all the clergy, religious, and laity in the Archdiocese of Gwangju as well as all the faithful in the Catholic Church.”

This action exceeded the local archdiocese’s authority under Canon Law and violated Articles 31, 35, and 1315 of the Code of Canon Law. Therefore, the decree should be considered NULL. I quote: 


Can. 31 §1 Within the limits of their competence, those who have executive power can issue general executory decrees, that is, decrees which define more precisely the manner of applying a law, or which urge the observance of laws.

 

Can. 35 A singular administrative act, whether it is a decree, a precept, or a rescript, can be issued by one who possesses executive power within the limits of that person’s competence, without prejudice to the prescript of can. 76, §1.

 

Can. 1315 §1. A person who has legislative power can also issue penal laws; within the limits of his competence by reason of territory or of persons, moreover, he can by his own laws also strengthen with an appropriate penalty a divine law or an ecclesiastical law issued by a higher authority.


Therefore, the decrees of the Archdiocese of Gwangju, which have exceeded the limits of jurisdiction, are null and void, as they contradict the higher authority of Church law, specifically Canon Law (Articles 33 and 38).


Can. 33 §1 General executory decrees, even if published in directories or other such documents, do not derogate from the law, and any of their provisions which are contrary to the law have no force.


Can. 38 An administrative act, even if there is question of a rescript given Motu proprio, has no effect in so far as it harms the acquired right of another, or is contrary to a law or approved custom, unless the competent authority has expressly added a derogatory clause.


Therefore, in 2010, Cardinal Ivan Dias, the Prefect of the Congregation for the Evangelization of Peoples said, “Excommunication issued by Gwangju Archdiocese is ridiculous. He has no authority to do this.”





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