1. The instant lawsuit shall be dismissed.

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

Plaintiff’s assertion

Officers and employees of an insurance company violated Article 95-2 of the Insurance Business Act by failing to explain the major process from the conclusion of the insurance contract to the payment of insurance proceeds to policyholders.

The defendant is neglected to impose administrative fines on the executive officers and employees of the insurance company in accordance with Article 209 of the Insurance Business Act.

Such omission by the defendant is illegal as a waiver of duty and abuse of authority.

We examine ex officio the determination on the legitimacy of the instant lawsuit.

In a lawsuit for confirmation of illegality of an 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 such omission is unlawful.

(Supreme Court Decisions 97Nu17568 delivered on December 7, 199, 99Du11455 delivered on February 25, 200). Article 95-2 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 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. under Article 95-2 of the Insurance Business Act,” and there is no provision that the Defendant may directly demand the Defendant to “the imposition of a fine for negligence on an executive officer or employee of the insurance company,” and there is no right to demand the imposition of a fine for negligence, which is an administrative order

Therefore, as long as the Plaintiff does not have the right to standing to sue or illegal omission that is the object of an appeal, the instant lawsuit is unlawful, inasmuch as 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 its executives and employees.

In conclusion, the lawsuit of this case is illegal and cannot be corrected. Thus, Article 8 (2) and (2) of the Administrative Litigation Act is applicable to the lawsuit of this case.