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1. The Defendant’s disposition of prohibiting departure against the Plaintiff on December 1, 2017 is revoked.
2. The costs of the lawsuit are assessed against the defendant.
Reasons
1. Details of the disposition;
A. Since the Plaintiff’s default of corporate tax in 2008, the Plaintiff is in arrears with 1,169,051,300 won in total as of January 15, 2018.
B. On May 31, 2017, upon the Plaintiff’s request from the Commissioner of the National Tax Service for the prohibition of departure on the ground of the Plaintiff’s default of national taxes, the Defendant issued a disposition of prohibition of departure against the Plaintiff from June 2, 2017 to December 1, 2017, and thereafter, on December 1, 2017, upon the Plaintiff’s request by the Commissioner of the National Tax Service for the extension of the period of prohibition of departure, the Defendant issued a disposition of extension of the period of prohibition of departure against the Plaintiff from December 2, 2017 to June 1, 2018 (hereinafter “instant disposition”).
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, Eul evidence Nos. 1, 2, 3, 5, and 8, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The summary of the parties’ assertion 1) The Plaintiff was released on parole on November 30, 201, following the crime of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in the appellate trial on April 201, the Plaintiff was sentenced to six years of imprisonment, and was released on parole on November 30, 2016. During the period of detention, the Plaintiff’s property is entirely compulsory execution by creditors, and there is no positive property owned by the Plaintiff, and the Plaintiff did not have any property itself that would escape abroad. The instant disposition is against the principle of proportionality solely on the ground that the Plaintiff was in arrears with national taxes. 2) The Plaintiff’s list as a habitual delinquent on or after January 28, 201, the Plaintiff did not pay national taxes entirely, and was issued a new passport on or after May 23, 2017 without any details on the report of property or income. This was considered to have been in a concealed property, and it appears to have been “written on June 15, 2015.”
Since the disposition of this case is deemed to have been for the escape of property overseas by using accumulated experience in the departure from Korea, the disposition of this case only meets the legal grounds for disposition.