부작위위법확인
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff filed the instant lawsuit seeking a trial on the purport of the claim by asserting that the omission, which did not take any measure, is illegal, despite having to impose a fine for negligence on the executive officers and employees of the instant insurance company pursuant to Article 209 of the Insurance Business Act, is against the duty of explanation pursuant to Article 95-2 of the Insurance Business Act, and the Plaintiff filed a civil petition at the citizen newspaper.
2. Whether the lawsuit of this case is lawful
A. In a lawsuit for confirmation of illegality of omission as stipulated in Article 4 subparagraph 3 of the Administrative Litigation Act, where a party does not have a statutory or sound right to require an administrative agency to perform any administrative act, the lawsuit for confirmation of illegality of the omission cannot be deemed to have a standing to sue or an illegal omission which is the object of an appeal litigation, and thus, is unlawful.
(See Supreme Court Decision 97Nu17568 delivered on December 7, 199, and Supreme Court Decision 99Du11455 delivered on February 25, 200, etc.) B.
In addition, there is no provision to interpret that a policyholder may demand the defendant to impose a fine for negligence on an executive officer or employee of an insurance company who has violated an obligation to explain, etc. under Article 95-2 of the Insurance Business Act and other related Acts and subordinate statutes, or there is no provision to interpret as such, and there is no ground to view that such right is recognized as a right of cooking.
C. In light of the legal principles as seen earlier, even if the Plaintiff is a policyholder of the insurance contract at issue regarding the violation of the duty to explain by the executives and employees of the insurance company in this case, there is no legal or logical right to demand the Defendant to impose an administrative fine under Article 209 of the Insurance Business Act, etc., and thus, the instant lawsuit has no standing to sue or is illegal omission which is the object of appeal.