1. The instant lawsuit shall be dismissed.

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

Plaintiff’s assertion

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

In relation to this, the Plaintiff filed a civil petition with a national newspaper, and the Defendant, pursuant to Article 209 of the Insurance Business Act, has to impose an administrative fine not exceeding 20 million won on the executive officers and employees of the instant company.

The defendant's omission is illegal.

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 any legal or logical right to demand the Defendant to impose an administrative fine under Article 209 of the Insurance Business Act on the executive officers and employees of the instant company, the instant lawsuit is unlawful in cases where there is no standing to sue on the Plaintiff or no unlawful omission that is subject to an appeal

Thus, the lawsuit of this case is unlawful and its defects can be corrected.