logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2020.07.09 2019누69379
출국금지처분취소
Text

1. The plaintiff's claim that the court changed in exchange is dismissed.

2. The Plaintiff’s total costs of litigation.

Reasons

1. Details of the disposition;

A. On May 31, 2016, the Defendant issued a disposition to prohibit the Plaintiff from departing from the Republic of Korea from May 31, 2016 to November 29 of the same year under Article 4(1)4 of the Immigration Control Act on the ground that the Plaintiff did not pay national taxes, and thereafter, issued a disposition to extend the prohibition of departure from the Republic of Korea every six months.

B. On May 15, 2020, the Defendant issued a disposition to extend the period of prohibition of departure under Article 4-2(1) of the Immigration Control Act from May 30, 2020 to November 29, 2021, on the ground that the Plaintiff did not pay national taxes.

(hereinafter referred to as the "disposition of this case"). 【No dispute exists, Gap evidence Nos. 1, Eul evidence Nos. 2, 10 through 12, and 14 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. Although the plaintiff's assertion is delinquent in national taxes of 50 million won or more, there is no possibility that compulsory execution may be difficult due to the plaintiff's escape of property overseas.

In other words, the plaintiff does not have any property that can be concealed at present.

Although the plaintiff left Korea several times for the recent years, this is only a variety of business purposes in China, etc. to receive criminal compensation from his/her family members and travel abroad, and to establish a market for selling partners and cosmetics, as the plaintiff was prosecuted for habitual fraud prevention around 2011 and the verdict of innocence became final and conclusive around December 2014.

Therefore, the instant disposition should be revoked because it is unlawful that it exceeded the scope of discretion or abused discretionary power.

(b) The details of the relevant statutes are as shown in the attached statutes.

C. Determination 1) Relevant legal principles and 2) The reasons for the judgment of this court in this part are as follows: ① 3-9 of the first instance judgment, ② 8-9 of the former Enforcement Decree of the Immigration Control Act (amended by Presidential Decree No. 29818, Jun. 11, 2019). ② 4.

arrow