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(영문) 서울행정법원 2018.07.12 2017구합83447
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 is liable to pay the amount of tax equivalent to KRW 1,50,693,00, totaling of KRW 1,527,300 (including additional dues), global income tax of August 31, 2004, global income tax of KRW 6,768,00 (including additional dues), global income tax of KRW 14,417,00 (including additional dues) on May 31, 2008, and the due date for payment of KRW 1,550,693,00 (including additional dues) on July 31, 2007, including value-added tax of KRW 2,206,00 (including additional dues) on July 31, 2007.

B. The Commissioner of the National Tax Service, on the ground that the Plaintiff did not pay national taxes, requested the Defendant to prohibit departure pursuant to Article 4(3) of the Immigration Control Act, and the Defendant, on December 7, 2012, issued a disposition of prohibiting departure to the Plaintiff from December 7, 2012 to June 6, 2013 pursuant to Article 4(1)4 of the Immigration Control Act, and thereafter extended the disposition of prohibiting departure to the Plaintiff every six months pursuant to Article 4-2 of the Immigration Control Act.

C. On November 12, 2014, the Defendant trusted the Plaintiff’s plan for installment payment, etc., and revoked departure prohibition against the Plaintiff on November 12, 2014, but failed to implement the plan in installments, and thus, prohibited the Plaintiff from departure from January 2, 2015 from January 5, 2015 to July 4, 2015.

Following the Plaintiff’s automatic cancellation due to the expiration of the period of validity of the Plaintiff’s passport, the Defendant issued a disposition of prohibition of departure to the Plaintiff from May 15, 2017 to November 14, 2017, and thereafter, issued a disposition of extending the period of prohibition of departure from the Plaintiff from November 8, 2017 to May 14, 2018, respectively.

(hereinafter) The Defendant’s disposition to extend the prohibition of departure (hereinafter “instant disposition”) that was made on May 21, 2018 by the Defendant (hereinafter “instant disposition”). [Grounds for recognition] The fact that there is no dispute, Gap evidence 1 through 11, evidence 28 through 30, Eul evidence 1 through 6 (including each number), the purport of the whole pleadings, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The plaintiff's assertion is from B of August 28, 2003 to Incheon.

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