1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Details of the disposition;

A. On April 7, 2017, the Defendant: (a) received a request from the Commissioner of the National Tax Service to prohibit departure from the Plaintiff to the effect that “the Plaintiff was delinquent in national taxes of KRW 541,177,00 (transfer income tax and global income tax) and the consumption expenditure is excessive compared with income level; (b) there is a suspicion of property concealment. The Plaintiff may depart from the Republic of Korea for the purpose of evading disposition on default and evading concealed property from abroad; (c) on April 7, 2017, the Defendant issued a disposition of prohibition of departure against the Plaintiff (the period of prohibition of departure from April 5, 2017 to September 19, 2017).

B. Although the disposition of prohibition of departure was cancelled on September 20, 2017 on the ground that the period of prohibition of departure expired, the Defendant issued a new disposition of prohibition of departure (from October 17, 2017 to April 15, 2018; hereinafter “instant disposition”) against the Plaintiff on the same ground as the said disposition of prohibition of departure.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 8, Eul evidence 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was attracting multiple insurance contracts while serving as an insurance solicitor in the past, and around 2008, many customers with unpaid premiums, etc., leading to the Plaintiff’s excessive liability due to the payment of the premiums, etc., and around that time, the Plaintiff’s business failure sharply increased its liabilities.

In this context, there are circumstances that could be considered as the reasons for the delinquency of national taxes such as global income tax.

A house residing by the Plaintiff is purchased with the funds supported by his father B and the house mortgage loan funds of his wife C, etc., and the Plaintiff’s concealed property is not the source of such funds.

The plaintiff's salary is fully paid for the living expenses of all family members, and there is no property to conceal or flee to the plaintiff from a foreign country.

On the other hand, the plaintiff has not left Korea after delinquency, but is currently working in a company.