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(영문) 서울행정법원 2019.08.29 2019구합2978
부작위위법확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The Plaintiff’s assertion B Co., Ltd. (hereinafter “instant company”) violated Article 95 of the Insurance Business Act by failing to make clear and easily understandable important matters regarding rights and obligations arising from the purchase of insurance in an insurance prospectus.

Although the plaintiff filed a civil petition with a national inquiry, the defendant does not impose a fine for negligence under Article 209 of the Insurance Business Act, and such omission by the defendant is illegal.

2. We examine the legitimacy of the instant lawsuit ex officio on the lawfulness of the instant lawsuit.

In a lawsuit for 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, it cannot be deemed that there exists no standing to sue or any illegal omission that is the object of an appeal litigation, and thus, the lawsuit for confirmation of illegality of omission is unlawful.

(see, e.g., Supreme Court Decisions 97Nu17568, Dec. 7, 199; 99Du11455, Feb. 25, 2000). Article 95 and Article 209 of the Insurance Business Act and other relevant Acts and subordinate statutes cited by the Plaintiff may directly require the Defendant to “the imposition of an administrative fine against an insurance company on the ground of a violation of Article 95 of the Insurance Business Act,” and there is no provision that a national (general policyholder) may directly demand the Defendant to “the imposition of an administrative fine against an insurance company on the ground of a violation of Article 95 of the Insurance Business Act,” and it cannot be deemed that

Therefore, insofar as the Plaintiff does not have a legal or logical right to demand the Defendant to impose a fine for negligence pursuant to Article 209 of the Insurance Business Act, etc., the instant lawsuit cannot be deemed as having no standing to sue or an illegal omission that is the subject of an appeal litigation.

3. As such, the instant lawsuit constitutes an inappropriate lawsuit and thus cannot be corrected, Article 8(2) of the Administrative Litigation Act and the Civil Procedure Act.

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