logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2016.08.11 2015구합80604
출국금지처분취소
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. As of June 2015, the Plaintiff is delinquent in national taxes of KRW 14,176,670,00 in total, including additional dues, and KRW 768,764,00 in capital gains tax (including additional dues) as of KRW 13,407,90.

B. On August 31, 2015, the Defendant notified the Plaintiff of the 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 on February 25, 2016, issued a disposition of extending the period of prohibition of departure under Article 4-2 of the Immigration Control Act from February 28, 2016 to August 27, 2016.

(hereinafter referred to as the "dispositions to extend the period of prohibition of departure"). [Grounds for recognition] / [The fact that there is no dispute, Gap evidence 1-1, 2, Gap evidence 3, Eul evidence 1-1 through 6, the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that the Plaintiff did not conceal or depart from a foreign country, and at the present, there is no concern that the Plaintiff would flee its property to a foreign country because of the lack of particular property, while the Plaintiff was disadvantaged due to the instant disposition, and thus, the instant disposition was unlawful because it did not meet the requirements for prohibition of departure, or is against the law by

(b) as shown in the attached Form of the relevant statutes;

C. According to the provisions of 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 may prohibit a person who fails to pay national taxes of 50 million won or more within the payment period without justifiable cause from departing from the Republic of Korea for a fixed period of not more than 6 months. According to the provisions of Article 4-2 of the same Act, the Minister of Justice may extend the period of prohibition of departing from the Republic of Korea where it is deemed necessary to continue

However, prohibition of departure on the grounds of tax delinquency is difficult to enforce compulsory execution due to the escape of property from Korea by the delinquent taxpayer.

arrow