1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. The Plaintiff’s executives and employees of the instant insurance company violated the duty to explain under Article 95-2 of the Insurance Business Act. Since the Plaintiff filed a civil petition with the National Examination, the Defendant shall impose an administrative fine on the executives and employees of the instant insurance company pursuant to Article 209 of the Insurance Business Act.

Nevertheless, the Defendant filed the instant lawsuit in order to verify the illegality of the omission, which did not take any measure.

2. An entry in the attached Form of relevant Acts and subordinate statutes;

3. Determination

A. In a lawsuit seeking confirmation of illegality of omission, where a party does not have any legal or logical right to require an administrative agency to perform any administrative act, the lawsuit seeking confirmation of illegality of omission cannot be deemed to have standing to sue, or 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.

ex officio, there is no provision that a national (general policyholder) of the Insurance Business Act, Article 95-2, Article 209, and other relevant Acts and subordinate statutes may demand the defendant to impose a fine for negligence on an executive officer or employee of an insurance company on the ground of a violation of the duty to explain, etc. pursuant to Article 95-2 of the Insurance Business Act, and it cannot be deemed that an executive officer or employee of an insurance company has the right to demand the defendant to impose a fine for negligence, which is

C. Therefore, since the Plaintiff does not have the right to demand the Defendant to impose an administrative fine under Article 209, etc. of the Insurance Business Act on the executives and employees of the instant insurance company, the instant lawsuit is unlawful due to the lack of standing to sue, or there is no unlawful omission that is subject to an appeal litigation.

4. As such, the instant lawsuit constitutes an unlawful lawsuit and thus cannot be corrected. Thus, the Administrative Litigation Act applies to the case where the defects cannot be corrected.