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(영문) 서울행정법원 2014.09.25 2014구합56291
출국금지처분취소
Text

1. The Defendant’s disposition of prohibition of departure against Plaintiff A on April 21, 2014 and the disposition against Plaintiff B on June 30, 2014.

Reasons

1. Details of the disposition;

A. Plaintiff A was a major shareholder of the past C Co., Ltd. (hereinafter “instant company”), and Plaintiff B was registered as a shareholder of the instant company, but on October 15, 2002, filed a lawsuit seeking confirmation of existence of a shareholder with the Seoul District Court and was sentenced in favor of the said court on January 15, 2003, that “Plaintiff B is not a shareholder of the instant company,” and the said judgment became final and conclusive on February 13, 2003.

B. The Plaintiff A is delinquent in the national tax of KRW 1,674,240,00 as of the date of delinquency in corporate tax (II) related to the instant company from around 191 to around 1998, and the Plaintiff B is delinquent in the amount of KRW 85,106,00 as of around 191.

C. The Defendant, upon receiving a request from the Commissioner of the National Tax Service for prohibition of departure from the Plaintiffs, issued a disposition prohibiting Plaintiff A from departing from the Republic of Korea on October 20, 2008 to April 19, 2009 based on Article 4(1)4 of the Immigration Control Act. On December 31, 2010, the Defendant issued a disposition prohibiting Plaintiff B from departing from the Republic of Korea from December 31, 201 to June 30, 201.

Since then, the Commissioner of the National Tax Service requested the defendant to extend the prohibition period of prohibition of departure against the plaintiffs by extending the prohibition period of continuous prohibition of departure against the plaintiffs.

Accordingly, 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 Plaintiff A from April 20, 2014 to October 19, 2014. On June 30, 2014, the Defendant issued a disposition to extend the period of prohibition of departure against Plaintiff B from July 1, 2014 to December 31, 2014.

(hereinafter referred to as "each of the instant dispositions" in total, including the extension of the period of prohibition of withdrawal against the plaintiffs. (In addition to the grounds for recognition, there is no dispute, and evidence Nos. 1 through 7, 14, 15, 16, and Nos. 1, 7, and 8.

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