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(영문) 서울고등법원 2019.07.19 2019누30104

보험설계사 등록취소처분의 취소

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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Acknowledgement of the reasoning of the judgment of the court of first instance is the same as the statement of the reasoning of the judgment of the court of first instance, in addition to the following parts which are to be stated in this judgment, and thus, it shall be quoted in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

Part 2 of the judgment of the first instance court, " January 15, 201" in Part 4 of the judgment of the second instance shall be construed as " January 15, 2015", " January 2, 2015" as " January 22, 2015", and " October 20, 2017" as " October 23, 2017", respectively.

Part 3, 21 to 4, 9, of the first instance judgment, shall be followed as follows.

Article 102-2 of the Insurance Business Act provides that no policyholder, the insured, any person entitled to receive insurance proceeds, or any other interested person in an insurance contract shall commit an insurance fraud. Article 102-3(1) of the same Act provides that an insurance solicitor shall not compel a policyholder, the insured, any person entitled to receive insurance proceeds, or any other interested person in an insurance contract to receive insurance proceeds by intentionally manipulating an insurance accident which occurred or has not occurred, and Article 86(1)2 and 3 of the same Act provides that where an insurance solicitor violates Article 102-2 of the Insurance Business Act and Article 102-3 of the Insurance Business Act and violates Article 102-3 of the same Act, the defendant may order the suspension of business for a fixed period not exceeding six months or revoke the registration thereof. In addition, Article 84(1) of the Insurance Business Act provides that an insurance company, insurance agency or a certified insurance broker shall register a prospective insurance solicitor to the defendant, and no person for whom two years have yet to elapse after the registration of an insurance solicitor, insurance agency or insurance broker pursuant to the Insurance Business Act.