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(영문) 서울고등법원 2017.05.19 2016누61022
출국금지처분취소
Text

1. The plaintiff's claim that is changed in exchange in the trial is dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff is delinquent in national taxes of KRW 14,176,670,00, totaling KRW 13,407,906,00 and KRW 768,764,00,00, based on the global income tax (including additional dues) around June 2015.

B. On August 31, 2015, the Defendant issued a disposition of prohibition of departure (from August 28, 2015 to February 27, 2016) under Article 4(1)4 of the Immigration Control Act on the ground that the Plaintiff did not pay national taxes, and extended the period of prohibition of departure under Article 4-2 of the Immigration Control Act from February 25, 2016 to August 27, 2016.

C. After that, the Defendant extended the period of prohibition of departure on August 19, 2016 from August 28, 2016 to February 27, 2017, and extended the period of prohibition of departure on February 22, 2017 from February 28, 2017 to August 27, 2017 (hereinafter “instant disposition”).

【Ground for recognition】 The fact that there has been no dispute, Gap evidence 1-2, Gap evidence 3, Gap evidence 54-1, 2, Eul evidence 1-1, 3 through 6, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s summary of the Plaintiff’s assertion did not conceal or conceal his property overseas, and the Plaintiff did not actually belong to the benefit of disposing of the instant shares. The Plaintiff does not have any particular property to the Plaintiff as of the date of the long-term flooding life and the expenditure of the cost of litigation incurred by several recommendations, etc., but the Plaintiff was at a disadvantage that the Plaintiff could not properly engage in economic activities due to the instant disposition. Thus, the instant disposition was unlawful because it did not meet the requirements for prohibiting departure, or was against the law by abusing discretionary authority.

(b) The details of the relevant statutes are as shown in the attached statutes.

C. According to the relevant legal principles, Article 4(1)4 of the Immigration Control Act and Article 1-3(2) of the Enforcement Decree of the same Act, the Minister of Justice does not pay a national tax of at least KRW 50 million by the due date without any justifiable reason within six months.

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