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(영문) 서울행정법원 2019.01.31 2018구합76095
출국금지연장처분취소
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. On September 22, 2018, the Plaintiff (1946) held office as the representative director of the Company B and is delinquent in total of KRW 1,192,714,420 as of September 22, 2018 (25,532,890 as of this year) (255,532,890 as of September 22, 2018).

6,00 won of individual per capita of resident tax, A 6,00 won of August 31, 2014 (170 won 6,170 won of local income tax of KRW 6,170 on August 31, 2013, Seo-gu Seoul Special Metropolitan Income Tax of KRW 18,795,220 won of KRW 40,508, 790 on August 31, 2008, A 6,00 won of individual per capita of resident tax of KRW 170 won of KRW 6,170, 170 won of local income tax of KRW 30,50 on August 31, 2017, KRW 205, KRW 305, KRW 305, KRW 205, KRW 305, KRW 305, KRW 97, KRW 205, KRW 2327, KRW 896,00, KRW 150, KRW 2224, KRW 3108, KRW 6,707.108.

B. On May 28, 2018, the Defendant issued a disposition of prohibition of departure (from May 28, 2018 to November 27, 2018) under Article 4(1) of the Immigration Control Act against the Plaintiff on the grounds of the Seoul Special Metropolitan City Mayor’s request for prohibition of departure on the grounds of local tax in arrears, and issued a disposition of extension of the period of prohibition of departure against the Plaintiff from November 28, 2018 to May 27, 2019.

(hereinafter “Disposition in this case”). [Grounds for recognition] The Disposition in this case is without dispute, Gap evidence Nos. 1, 3, Eul evidence Nos. 1, 3, and 12, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The prohibition of departure under the Immigration Control Act shall be effected when the plaintiff's assertion is likely to flee overseas.

However, most of the local taxes in arrears imposed on the real estate owned by the Plaintiff for the repayment of joint and several liability owed by the representative director of the corporation B in which the Plaintiff had defaulted due to the IMF situation, and there are circumstances that can be considered in the circumstances of the delinquency.

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