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(영문) 서울행정법원 2015.06.05 2014구합75322
출국금지기간연장처분취소
Text

1. From March 30, 2015 to May 2015, among the instant lawsuits, the Defendant’s extension disposition against the Plaintiff on March 25, 2015.

Reasons

1. Details of the disposition;

A. Since the Plaintiff failed to pay global income tax of KRW 15,503,960, which was the due date for payment on May 31, 2010, the Plaintiff is liable to pay a total of six national taxes of KRW 1,911,36,140 as indicated below as of the date of closing the argument of the instant case.

Tax in arrears due date for the payment of the global income tax on May 31, 2010, the global income tax on the global income tax on 15,503,960 global income tax on 31, 2010, May 31, 2010; 179, 342, 304, 220 securities transaction tax on 220 global income tax on 31, 2012; 5, 361, 110 corporate tax on 454,415, 120 on 28, 2010; 93,602, 510 in total; 1,36,140, 200 global income tax on 31, 2012.

B. The Commissioner of the National Tax Service requested the Plaintiff to prohibit departure. On July 8, 2011, the Defendant issued a disposition to prohibit departure pursuant to Article 4(1)4 of the Immigration Control Act and Article 1-3(2) of the Enforcement Decree of the same Act to the Plaintiff from September 30, 2011 to March 29, 2012, and thereafter, issued a disposition to prohibit departure from March 15, 2012; and thereafter, on September 28, 2012; and on March 29, 2013; on March 29, 2013; on September 27, 2013; on March 27, 2014; on March 27, 2014; on September 30, 2014; on March 25, 2015; on March 30, 2015, the instant disposition to prohibit departure from the Republic of Korea (hereinafter “the foregoing disposition”).

[Ground of recognition] Facts without dispute, Gap evidence 1, 10 evidence, Eul evidence 3, the purport of the whole pleadings

2. Where the effective period is specified in an ex officio determination of a lawsuit seeking the revocation of the part of the instant disposition from March 30, 2015 to May 22, 2015, and the validity or execution of such disposition is not suspended, the validity of such administrative disposition is invalidated upon the lapse of the above period, and there is no legal interest to seek the revocation of such disposition after the lapse of the said period, barring any special circumstance to deem that any legal interest is being infringed upon due to the remainder of the external form.

(see, e.g., Supreme Court Decision 2002Du1946, Jul. 8, 2004). However, according to the above facts, the effective period of the instant disposition is from March 30, 2015 to September 29, 2015, and the effective period of the instant disposition is from March 30, 2015 to September 20, 2015, among the instant dispositions.

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