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(영문) 서울행정법원 2020.05.28 2019구합5687
출국금지처분취소
Text

1. The Defendant’s disposition of extending prohibition of departure on January 30, 2020 to the Plaintiff shall be revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

Details of the disposition

On April 23, 2012, the Plaintiff was sentenced to 998,368,510 won in a criminal trial against violations of the Trademark Act and became final and conclusive as it is.

(In Busan District Court Decision 2012Da1383, Busan High Court 2012No1430, and Supreme Court Decision 2012Do9693). The Plaintiff is unpaid from the surcharge of KRW 998,168,510 up to now.

On January 30, 2019, upon receiving a request from the prosecutor of the Seoul Northern District Prosecutors' Office to prohibit the Plaintiff from departing from the Republic of Korea on the grounds of unpaid penalty surcharges, the Defendant issued an extension of the period of prohibition of the Plaintiff’s departure (from January 30, 2020 to July 29, 2020) on January 30, 2020.

(이하 2020. 1. 30.자 처분을 ‘이 사건 처분’이라 한다). [인정 근거] 다툼 없는 사실, 갑 제3, 4호증, 을 제1, 6, 7호증의 각 기재, 변론 전체의 취지 근거 및 관계 법령▣ 출입국관리법 제4조(출국의 금지) ① 법무부장관은 다음 각 호의 어느 하나에 해당하는 국민에 대하여는 6개월 이내의 기간을 정하여 출국을 금지할 수 있다.

3. The head of a central administrative agency and the head of a related agency determined by the Minister of Justice may request the Minister of Justice to prohibit the departure of a person falling under any subparagraph of paragraph (1) or (2) in connection with his/her duties.

(5) Except as otherwise expressly provided for in paragraphs (1) through (4), necessary matters concerning the period and procedures for prohibition of departure shall be prescribed by Presidential Decree.

Article 4-2 (Extension of Period of Prohibition of Departure) (1) The Minister of Justice may extend the period of prohibition of departure, when deemed necessary to continue to prohibit departure.

(2) The head of an agency who has requested prohibition of departure under Article 4 (3) shall, when it is necessary to continue to prohibit departure in excess of such prohibition, notify the Minister of Justice of three days prior to the expiration thereof.

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