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(영문) 서울행정법원 2016.02.19 2015구합74647
출국금지처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff, as the representative of the Plaintiff Company B (hereinafter “B”), failed to pay global income tax of KRW 905,291,560 (including additional tax) for the year 2010, which is recognized as the income disposal.

B. On July 17, 2015, the Defendant issued a disposition prohibiting departure by January 14, 2016 on the ground that the Plaintiff was in arrears, and extended the period of prohibition of departure by July 14, 2016, around January 13, 2016.

(A) The disposition of extending the period of prohibition of departure (hereinafter referred to as the "disposition in this case") . [Grounds for recognition] . [The fact that there is no dispute, Gap evidence 1 through 3, 5, 6 (including branch numbers), Eul evidence 1 through 5, and the purport of the whole pleadings

2. To make entries in the attached statutes concerned;

3. Whether the instant disposition is lawful

A. 1) The Plaintiff and the Plaintiff’s family members entered and departed from 2010 to 15 times before a disposition of prohibition of departure, and the period of at least three years from December 17, 2010 to April 7, 2014 was staying abroad.

B) During the same period, the Plaintiff’s spouse C also entered and depart from Korea several times, and the number of days of stay abroad for the last one year is at least six months, and the Plaintiff’s spouse was currently staying abroad even after his/her departure from Canada on May 8, 2015. D, the Plaintiff’s child, also has entered and departing from Korea several times, and since his/her departure from Canada on September 8, 2014, the Plaintiff’s property status was sold to another person at KRW 206,064,140, and around December 8, 2010, the Plaintiff donated KRW 100,000 from his/her father around October 23, 2014. In addition to the current golf membership, the property in the Plaintiff’s name is not verified.

[Ground of recognition] Facts without dispute, entry of evidence Nos. 6 through 11, purport of the whole pleadings

B. Prohibition of departure for reasons of tax arrears is difficult to enforce compulsory execution by having the unpaid person escape his property overseas by using his/her departure.

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