beta
(영문) 서울행정법원 2016.02.17 2015구합8091

출국금지처분취소

Text

1. From January 1, 2016 to January 8, 2016, the Defendant’s disposition to extend the period of prohibition of departure issued against the Plaintiff on January 8, 2016.

Reasons

1. Details of the disposition;

A. Since October 10, 1996, the Plaintiff failed to pay the aggregate land tax of KRW 7,555,140,000, totaling KRW 639,269,000 as of the date of closing the argument in this case.

B. The Daegu Metropolitan City Mayor requested the Defendant to prohibit the Plaintiff from departing from the Republic of Korea, and on July 8, 2011, the Defendant issued a disposition to prohibit the Plaintiff from departing from the Republic of Korea under Article 4(1)5 of the former Immigration Control Act (amended by Act No. 10863, Jul. 18, 201); Article 1-3(2) of the former Enforcement Decree of the Immigration Control Act (amended by Presidential Decree No. 23506, Jan. 13, 2012).

C. The Defendant issued a disposition to extend the period of prohibition of departure from the Republic of Korea on December 28, 201, June 29, 2012; December 31, 2012; June 30, 2013; June 30, 2013; December 24, 2013; June 26, 2014; December 29, 2014; and issued a disposition to extend the period of prohibition of departure from the Republic of Korea on June 17, 2015; and again issued a disposition to extend the period of prohibition of departure from the Republic of Korea on January 1, 2016 through June 30, 2016.

(hereinafter the aforementioned disposition taken on January 8, 2016 (hereinafter referred to as “instant disposition”), / [based on recognition] The fact that there is no dispute, Gap’s evidence Nos. 1, 12, and 13, Eul’s evidence Nos. 1 through 6 (including relevant branch numbers), the purport of the whole pleadings.

2. Of the instant lawsuits, where the effective period is specified in an administrative disposition as to whether the part requesting the revocation of a disposition of prohibition of departure from January 1, 2016 to January 29, 2016, the validity of such administrative disposition is invalidated due to the lapse of the pertinent period, unless there exist any special circumstances to deem that any legal interest is infringed upon due to the remaining external form of the disposition after the lapse of the said period, there is no legal interest to seek the revocation of such disposition, unless there exist any special circumstances to deem that the disposition is in

(See Supreme Court Decision 2002Du1946 Decided July 8, 2004, etc.). However, according to the above facts, the effective period of the instant disposition is from January 1, 2016 to June 30, 2016, and prohibition of departure from the instant disposition from January 1, 2016 to January 29, 2016.