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(영문) 서울고등법원 2016.03.18 2015누62691
출국금지처분취소
Text

1. The plaintiff's claim that is changed in exchange in this Court;

A. Immigration Control Act that the Defendant rendered as of September 3, 2015.

Reasons

1. Facts that there is no dispute over the details of the disposition (based on recognition), Gap 1, 2, 10, 13, Eul 1, 2, 9, 10 (including provisional numbers), and the purport of the whole pleadings;

A. (1) On November 10, 2006, the Plaintiff was sentenced to imprisonment with prison labor for a violation of the Foreign Exchange Transactions Act at the Incheon District Court (hereinafter “instant surcharge”) and a surcharge of KRW 52,032,49,155 (hereinafter “instant surcharge”) (hereinafter “instant surcharge”) and was sentenced to the same punishment even at the appellate court (2006Da3702) and the said appellate court (2006No2568), and the said judgment became final and conclusive on April 13, 2007.

(2) On June 13, 2014, the Defendant issued a disposition of prohibiting departure from June 13, 2012 to December 11, 2014 pursuant to Article 4(1)3 of the Immigration Control Act on the ground that the Plaintiff’s additional collection charge was unpaid, and again issued a disposition of extending the period of prohibition from departure from December 15, 2014 to June 11, 2015, on the expiration date.

(3) On June 11, 2015, the Defendant issued a disposition to extend the period of prohibition of departure from the Republic of Korea on June 12, 2015 to December 11, 2015, and to extend the period of prohibition of departure from the Republic of Korea on December 4, 2015 from December 12, 2015 to June 11, 2016 (hereinafter “the extension disposition of the period of prohibition of departure from the Republic of Korea”).

B. (1) On the other hand, the National Tax Service requested the Defendant to prohibit departure on September 3, 2014, as the Plaintiff failed to pay the total of KRW 12,958,822,380 (excluding additional dues) including value-added tax 4,438,743,160 and global income tax 8,520,079,220.

(2) On September 5, 2014, the Defendant issued a disposition of prohibiting departure from September 5, 2014 to March 4, 2015 pursuant to Article 4(1)4 of the Immigration Control Act on the ground that the Plaintiff’s failure to pay national taxes, and issued a disposition of extending the period of prohibition of departure from March 4, 2015 from March 5, 2015 to September 4, 2015.

(3) As the Plaintiff continued to pay national taxes, the Defendant rendered a disposition extending the period of prohibition of departure on September 3, 2015 from September 5, 2015 to March 4, 2016.

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