|보험 계약 무효 및 부당이득 반환 청구소송|
법무법인 제이피는 M손해보험 주식회사가 A를 상대로 제기한 '보험에 관한 소송'을 대리하여
A가 1년도 되지 않는 기간 동안 16건의 보험에 가입한 것과 6년여 기간 동안 2억 원 이상의 보험금을 수령한 사실에 대해
A는 위 보험료를 납입할 재산과 소득이 없었던 점, 입원의 불필요성에 대해 감정을 통하여 증명하는 등의 주장을 펼쳐
A가 보험금을 부정하게 취득할 목적으로 보험 계약을 체결한 것이 인정되었고,
보험사와 A가 맺은 보험 계약이 무효이며, A는 부당 이득한 보험금을 반환해야 한다는 판결(승소)을 이끌어 내었습니다.
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Article 1 [Management of items of personal information, purpose of management, and retention period of personal information]
① Items of personal information, purpose of management, management, and retention period of personal information managed by JP are as follows:
[Mandatory] : Name, date of birth, contacts (address, telephone number, e-mail, etc.) photos, gender, educational background, history and training, experience, motivation, and self-introduction
[Optional] : Information and notes on family matters, awards, foreign language and qualifications and licenses, and other submission documents
[Mandatory] : Name, date of birth, contact (address, telephone number, e-mail, etc.) photo, gender, educational background, history and training, experience, motivation, and self-introduction
② JP does not collect sensitive information that may infringe upon the privacy of the subject of information, and if necessary, collects it with separate consent from the subject of information and uses it only for the consented purpose. However, JP checks the accuracy and updates sensitive information periodically.
Article 2 [Disclose personal information to a third party]
① In principle, the personal information of the subject of information is managed within the scope of purposes specified in Article 1, and the personal information shall not be managed beyond the original scope or shall not be disclosed to a third party without prior consent of the subject of information. However, in the following cases, personal information may be disclosed for other purposes or disclose to a third party, only when the subject of information or third party's interests may be infringed substantially and unfairly.
② When JP obtains consent under paragraph 1., JP shall inform the subject of information the following matters. If any of the following changes are made, JP informs and obtains consent from the informant/subject of information:
Article 4 [Rights and obligations of the subject of information and methods of execution]
① The subject of information can exercise its right to protect his/her personal information, such as requiring the access limits, correction, deletion and suspension of personal information, as provided under the applicable laws, such as the Personal Information Protection Act.
② The exercise of rights under paragraph 1 may be conducted either by the legal representative of the subject of information/informant or by a person who has been authorized. However, in case where authorized person exercises the right to protect personal information on behalf of subject of information/informant, proper power of attorney shall be submitted to the JP according to the Enforcement Rules of the Personal Information Protection Act.
③ With respect to exercise of subject of information/informant, JP will take immediate action according to applicable laws, such as the Personal Information Protection Act.
Article 5 [Destruction of personal information]
① In principle, when personal information is not necessary, such as when the purpose of managing personal information has been achieved, JP destroys the personal information.
② To comply with applicable law, in case where JP must retain the personal infromation, JP retains the personal information separately from other personal information.
③ JP weeds the personal information out if the personal information raises causes of destruction after JP obtains approval from the person in charge of personal information protection (management).
④ If the personal information to be destroyed is in electronic file form, JP shall destroy permanently in a way that cannot be restored. For other forms; records, printed materials, written materials, and other recording media are shredded or burn.
Article 6 [Measures to secure the safety of personal information]
JP is taking necessary steps to ensure the safety as follows:
Article 8 [Remedies for infringement of rights]
If you need to report or consult a personal information violation, please contact the following agency:
Article 9 [Personal Information Protection Director]
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