출국금지기간연장처분취소
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Plaintiff, with the trade name “B”, was delinquent in paying KRW 234,890, the global income tax, which was the due date for January 31, 2013, and thereafter, is in arrears with KRW 1,519,222,330 in total, including value-added tax and global income tax.
B. The Commissioner of the National Tax Service requested the Defendant to prohibit the Plaintiff from departing from the Republic of Korea on January 2015, and the Defendant issued a disposition to prohibit the Plaintiff from departing from the Republic of Korea from January 15, 2015 to July 14, 2015 pursuant to Article 4(1)4 of the Immigration Control Act and Article 1-3(2) of the Enforcement Decree of the same Act.
C. On July 2015 and January 16, 2016, the Defendant issued a disposition to extend the period of prohibition of departure for six months, respectively, to the Plaintiff, and issued a disposition to extend the period of prohibition of departure from the Republic of Korea from July 16, 2016 to August 31, 2016 (hereinafter “instant disposition”).
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 8, Eul evidence Nos. 1, 2, 3, and 4, the purport of the whole pleadings
2. The Plaintiff filed the instant lawsuit seeking revocation of the instant disposition, on the ground that the Plaintiff’s disposition on the ground that the amount of national taxes in arrears is higher than the amount of national taxes, although the Plaintiff was not likely to escape property overseas.
In regard to this, the defendant's defense that there is no benefit to seek cancellation of the disposition of this case against the plaintiff since the period of prohibition of departure under the disposition of this case expired.
Where the effective period of an administrative disposition is fixed, if the validity or execution of the disposition is not suspended, the effect of such administrative disposition is invalidated at the expiration of the above period, and even after the expiration of such period, there is no legal interest to seek the cancellation of such disposition, unless there are special circumstances to deem that any legal interest is infringed due to remaining effects of the disposition.
(see, e.g., Supreme Court Decision 2002Du1946, Jul. 8, 2004).