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(영문) 서울행정법원 2017.03.31 2016구합70352
출국금지처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

The Plaintiff failed to pay the national tax of approximately KRW 245,725,00 (hereinafter “instant national tax”) in total, including the respective global income tax (including the additional tax and the additional tax) accrued in 2008 and 2009 until April 2016.

On April 15, 2016, the Commissioner of the National Tax Service requested the defendant to prohibit departure of the plaintiff on the basis of Article 7-4 of the National Tax Collection Act and Article 10-5 (2) 5 of the Enforcement Decree of the same Act.

Upon the request of the Commissioner of the National Tax Service, the Defendant issued a disposition of prohibiting departure to the Plaintiff from April 22, 2016 to October 21, 2016, based on Article 4(1)4 of the Immigration Control Act, and notified the Plaintiff thereof on July 6, 2016. On October 17, 2016, based on Article 4-2(1) of the Immigration Control Act, the Defendant issued a disposition of extending the period of prohibition of departure from October 22, 2016 to April 21, 2017 (hereinafter “instant disposition”).

【The Plaintiff’s assertion of legitimacy of the disposition of this case as to Gap’s evidence Nos. 1, 8, and Eul’s evidence Nos. 1 through 3, and the purport of the entire pleading as to legitimacy of the disposition of this case is that the Plaintiff did not pay the national tax of this case inevitably on the wind that bears large amount of obligations. The Plaintiff’s lack of property owned by the Plaintiff and there is no possibility of concealment of property or escape abroad, and there is a need to depart from the Republic of Korea for the business currently in progress.

It shall be as shown in the attached Form of the relevant statutes.

The recognition fact-finding corporation B (hereinafter referred to as "non-party company") is a company established on May 15, 2006 for the manufacture, import, export, etc. of automobile parts and received 200 million won of exports from the Korea International Trade Association on the 45th export day of 2008.

The plaintiff (born in 1962) was the only director at the time of incorporation of the non-party company, and was appointed as the representative director on April 25, 2007 and was dismissed on May 29, 2009.

The plaintiff, while being in office as the representative director, is in accordance with the credit guarantee agreement.

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