출국금지처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Details of the disposition
On March 9, 2015, the Plaintiff is a person who fails to pay national taxes (including this tax and additional dues) of KRW 169,49,493,230 as of March 31, 2009, including value-added tax 18,336,680, global income tax, and global income tax of KRW 151,156,550 as of March 9, 2015.
Accordingly, pursuant to Article 4(1)4 of the Immigration Control Act and Article 1-3(2) of the Enforcement Decree of the same Act, the Defendant prohibited the Plaintiff from departing from the Republic of Korea from July 31, 2014 to January 30, 2015. On January 30, 2015, the Defendant extended the period of prohibition against Plaintiff from departure to July 31, 2015.
(A) The purport of the disposition of this case as to whether the disposition of this case’s prohibition of departure is legitimate or not is to prevent the delinquent taxpayer from making it difficult for him/her to enforce compulsory execution, such as having the delinquent taxpayer escape property overseas by using his/her departure from the Republic of Korea.
The reason why the plaintiff did not have any property that could escape from the Republic of Korea to a foreign country due to the fact that overseas visits were inevitable for mine development or family visits in New Zealand.
As such, even though there are no circumstances that make it difficult for the Plaintiff to enforce compulsory execution even if leaving the Republic of Korea, the Defendant: (a) ordered the Plaintiff to prohibit departure; and (b) extended this, thereby making the Plaintiff unable to continue to engage in his/her occupation; and (c)
The instant disposition is against the principle of excessive prohibition and is unlawful.
It shall be as shown in the attached Form of the relevant statutes.
In fact, the plaintiff's business activities in Korea and abroad were employed as the representative director of B Co., Ltd. (hereinafter "B"), and on December 1, 2014, B was dissolved and became subject to the above position.
The plaintiff is a foreigner of Mongolia's nationality on May 15, 2006 in order to invest in the Mongolia mine industry.