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Reasons
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(영문) 서울고등법원 2016.02.17 2015누55815
출국금지기간연장처분취소
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1. The plaintiff's claim that is changed in exchange in the trial is dismissed.

2. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff, with the trade name of “B”, was engaged in the wholesale and retail business of medical appliances, and discontinued the foregoing business around 2002.

B. As of November 20, 201 through 2002, the Plaintiff is delinquent in paying a national tax of KRW 199,283,00 (additional tax of KRW 129,925,000 = KRW 69,358,00) as of November 20, 2014 (hereinafter “instant national tax”).

C. On December 17, 2009, the Defendant issued a disposition of prohibition of departure against the Plaintiff (from December 18, 2009 to June 17, 2010) on the basis of Article 4(1)4 of the Immigration Control Act, upon request of the Commissioner of the National Tax Service, and thereafter extended the period of prohibition of departure repeatedly.

On June 13, 2015, based on Article 4-2 (1) of the Immigration Control Act, the Defendant issued a disposition to extend the period of prohibition of departure against the Plaintiff from June 18, 2015 to December 17, 2015. On December 11, 2015, the Defendant issued a disposition to extend the period of prohibition of departure against the Plaintiff from December 18, 2015 to June 17, 2016 (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1 to 5 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s summary of the instant disposition should be revoked on the grounds that the following illegal grounds exist.

1. The plaintiff does not pay taxes because of the lack of property, but does not have concealed property and does not intend to flee property.

Plaintiff

The stay of the wife and two children in Canada is supported by their wife, and the plaintiff's father and wife are currently entering Korea and going to work in Korea, and other families are expected to return to Korea upon completion of education of her children, so there is no concern that the plaintiff's family will move to Korea.

The frequent departure of the plaintiff is naturally accompanied by the Do retail business in Vietnam, and most of the periods are five days.

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