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(영문) 서울고등법원 2017.12.15 2017누45645
등록승인처분취소청구의 소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal, including the costs of supplementary participation, are all assessed against the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff is a certified damage adjuster who completed the registration of a certified damage adjuster (the issue of registration as of November 20, 2003 is “Class 3”, and the issue of registration as of January 6, 2016 is “the body”) and operates a damage adjusting business after completing the registration of a certified damage adjuster under the trade name as of March 6, 2013.

B. In accordance with Article 17(2) of the Framework Act on Qualifications and Article 23(2) of the Enforcement Decree of the same Act, on February 24, 2016, an incorporated insurance training institute (hereinafter “insurance training institute”) established for the purpose of the investigation and analysis of insurance accidents and the detection of insurance crimes and the education and training of its executives and employees at the pre-stage stage of insurance affairs, based on expertise in the field of insurance investigation - based on the expertise in the field of insurance investigation - The insurance research institute requested the Defendant to register the “insurance survey and analysis agent” qualification performing the following duties as a private qualification under Article 17(1) of the Framework Act on Qualifications (hereinafter “instant application”).

C. On April 20, 2016, the Defendant: (a) requested the Chairperson of the Financial Services Commission, who is the competent authority in charge of insurance and damage assessment related civil qualifications, to review the requirements for the registration of private qualifications of an insurance investigator; and (b) issued the instant disposition with respect to the Insurance Training Institute on May 30, 2016, stating that it is desirable to register the qualifications as private qualifications of an insurance examiner from the Defendant’s Intervenor (hereinafter “participating”); and (c) on June 8, 2016, the Defendant registered the qualifications as private qualifications under the Framework Act on Qualifications as private qualifications (No. 2016-02586).

【Ground of recognition】 The fact that there has been no dispute, Gap 1 through 5, Eul 1 through 5, and the purport of the whole pleadings and arguments

2. Determination as to the defense before the merits.

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