[보험업법위반][공1989.7.1.(851),937]
Classification between the scope of insurance business and mutual aid business under the Insurance Business Act.
In light of Article 638, etc. of the Commercial Act, an insurance business refers to a business which takes over risks from a large number of policyholders at the same risk and manages and operates the premium at a risk rate, and pays a certain amount of insurance money and other benefits when an uncertain accident occurs to the subscribers, and is subject to the permission of the Minister of Finance and Economy in consideration of the impact on the state and social and economic life due to its organizational nature, sociality, etc., and the spirit of the Insurance Business Act, which provides various regulations on supervision, the scope of the insurance business is interpreted in accordance with its substance or economic nature without following the name and legal form. Therefore, the mutual aid business separate from the insurance business should be identified in light of the purpose, function, size and organization of the insurance business, the limit of amount of payment, and insurance premium, etc. of the insurance business.
Article 5 (1) of the Insurance Business Act
Supreme Court Decision 87Do2172 Decided January 31, 1989
Defendant
Defendant
Daejeon District Court Decision 87No988 delivered on June 9, 1988
The appeal is dismissed.
As to the Grounds of Appeal:
In light of the provisions of Article 638, etc. of the Commercial Act, the Insurance Business Act provides that insurance business shall obtain permission from the Minister of Finance and Economy for its business in consideration of the impact on the state and social and economic life due to its organization, sociality, etc., as well as various regulations on supervision, the scope of the insurance business shall be interpreted in accordance with its substance or economic nature, regardless of its name or legal form (see Supreme Court Decision 87Do2172 delivered on January 31, 1989).
Therefore, the mutual aid business that is distinguished from the above insurance business should grasp its substance in light of the above purpose, such as the purpose and function of the system, the size, organization and operating method, the limit of amount paid, insurance premium, etc.
However, according to the facts acknowledged by the court below, it is reasonable to establish a branch office of the Korea Welfare Association of an incorporated association and establish the Korea Welfare Association for the first time from the first time of November 1, 1985 to the first time of April 1, 1986, to which 1,000 senior citizens aged 65 years or older and sick men aged 40 years or older have been paid 10,000 won as membership fee for the first time of the insurance business, 7,500 won for the first time of the insurance business, and 10,000 won for five years or more, and 10,000 won or more for the first time of the operation of the insurance business, and it is reasonable to view that the defendant's first time of the above operation of the insurance business without permission for the first time of the above operation of the insurance business for the first time after the first time of the operation of the insurance business for the first time after the first time of the above operation of the insurance business for the first time of the death of 14 years or more.
Therefore, this appeal is dismissed. It is so decided as per Disposition by the assent of all participating judges.
Justices Kim Yong-ju (Presiding Justice)