출국금지처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. As of February 2016, the Plaintiff is delinquent in paying the total of KRW 179,392,840, including value-added tax, etc. that is owed as a secondary taxpayer for wage and salary income tax and stock company B (hereinafter “B”).
B. The Defendant issued a disposition to prohibit the Plaintiff from departing from July 31, 2014 to January 30, 2015 pursuant to Article 4(1)4 of the Immigration Control Act on the ground that the Plaintiff did not pay national taxes, and thereafter, extended the period of prohibition from departure pursuant to Article 4-2 of the Immigration Control Act. The Defendant issued a disposition to extend the period of prohibition from departure from July 31, 2016 to January 30, 2017, and notified the Plaintiff on August 22, 2016.
(hereinafter referred to as "the last extension disposition of this case"). 【The ground for recognition ] The fact that there is no dispute, Gap evidence 1, 16, Eul evidence 1 and 5, and the purport of the whole pleadings.
2. Whether the instant disposition is lawful
A. The plaintiff's assertion was inevitable due to the failure of the plaintiff B to pay taxes in arrears, and he returned to the Republic of Korea for a long time after departure from the Republic of Korea, and he returned to the Republic of Korea, and after his return, he was on business trip several occasions in the company where the plaintiff's punishment is operated, and it cannot be said that there is no concern that the property might escape from abroad.
The Plaintiff is at a disadvantage due to the instant disposition, such as failure to make an overseas business trip necessary for business, and thus, the instant disposition is unlawful, failing to meet the requirements for prohibition of departure or exceeding the discretionary authority.
(b) as shown in the attached Form of the relevant statutes;
C. According to Article 4(1)4 of the Immigration Control Act and Article 1-3(2) of the Enforcement Decree of the same Act, the Minister of Justice may prohibit a person who fails to pay a national tax of 50 million won or more within the payment period without any justifiable reason from departing from the Republic of Korea for a fixed period of not more than 6 months. According to the provisions of Article 4-2 of the same Act, the Minister of Justice shall prohibit a person