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(영문) 서울행정법원 2016.03.18 2015구합80550
출국금지처분취소
Text

1. From October 5, 2015 to January 21, 2016, the Defendant’s disposition of prohibition of departure imposed on the Plaintiff on October 7, 2015.

Reasons

1. Details of the disposition;

A. The Plaintiff did not pay the total amount of KRW 321,074,150 (including additional taxes and additional dues) imposed on June 24, 201.

B. On October 2, 2015, the Commissioner of the Korea Customs Service requested the Defendant to prohibit the Plaintiff from departing from the Republic of Korea. On October 7, 2015, the Defendant issued a disposition to prohibit the Plaintiff from departing from the Republic of Korea from October 5, 2015 to March 31, 2016, pursuant to Articles 4 and 4-4(1) of the Immigration Control Act.

(hereinafter “Disposition in this case”). / [Grounds for recognition] without dispute, Gap evidence No. 1, Eul evidence No. 1, and the purport of the whole pleadings

2. Of the instant lawsuit, where the effective period is specified in an administrative disposition as to whether the part requesting a revocation of a disposition of prohibition of departure from October 5, 2015 to January 21, 2016, the validity of such administrative disposition is invalidated upon the lapse of the pertinent period, unless there exist any special circumstances to deem that any legal interest is infringed upon due to the remaining external form of the disposition after the lapse of the said period, there is no legal interest to seek the revocation of such disposition, unless there exist any special circumstances to deem that the said disposition is in violation

The effect of the stay of execution under Article 23 of the Administrative Litigation Act (see, e.g., Supreme Court Decision 2002Du1946, Jul. 8, 2004). However, since the effect of the stay of execution under Article 23 of the Administrative Litigation Act continues to exist until the time stipulated in the disposition, and only after the arrival of that time becomes effective, in cases where the court declares that the validity of the disposition, which ordered the prohibition of departure for a certain period, has been suspended by a certain date in the disposition while rendering the stay of execution, the running of the period of prohibition of departure prescribed in the disposition, is suspended until the time stipulated in the disposition, but the validity of the said suspension is extinguished by the expiration of the time stipulated in the disposition of stay

Supreme Court Decision 2005.14

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