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(영문) 서울행정법원 2018.09.06 2018구합56541
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. While the Plaintiff (B) was operating a real estate management company C (hereinafter “instant company”), it was deemed that it received KRW 3.8 billion from AB Holdings Co., Ltd. in 2003 as agreed amount, and was subject to a disposition for the recognition of the reversion of the amount of KRW 3.8 billion. In this regard, the Plaintiff (B) was imposed global income tax of KRW 1,539,478,000 on June 3, 2009.

B. The Plaintiff failed to pay the above general income tax, and thus, was disclosed personal information, etc. pursuant to Article 85-5 of the Framework Act on National Taxes as a large habitual delinquent taxpayer, and was delinquent in global income tax amounting to KRW 2,694,087,560 (including additional charges) as of April 10, 2018.

C. Around May 2016, the Commissioner of the National Tax Service requested the Defendant to prohibit departure of the Plaintiff based on Article 7-4(1) of the National Tax Collection Act and Article 4(3) of the Immigration Control Act, and the Defendant issued a disposition to prohibit departure of the Plaintiff from departing from May 3, 2016 to November 2, 2016 from the same date.

After that, at the request of the Commissioner of the National Tax Service, the Defendant extended the period of prohibition of departure from November 3, 2016 to May 2, 2017; the period of prohibition of departure from April 26, 2017 from May 3, 2017 to November 2, 2017; the period of prohibition of departure from October 30, 2017 from November 3, 2017 to May 2, 2018; and the period of prohibition of departure from October 30, 2017 from May 3, 2017 to May 2, 2018; and the period of prohibition of departure from April 30, 2018.

(hereinafter referred to as “instant disposition”), April 30, 2018, a disposition of extending the prohibition of departure on April 30, 2018

On May 8, 2018, the Defendant notified the Plaintiff of the instant disposition based on Articles 4-2 and 4-4(1) of the Immigration Control Act.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 5 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Whether the instant disposition is lawful

가. 원고의 주장 원고는 합의금 명목으로 받은 38억 원을 이 사건 회사의 미지급 임금지급채무변제와 맏형 D가 운영하는 회사의...

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