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(영문) 서울행정법원 2017.04.07 2016구합71379
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. The Plaintiff is a person who operated B, a corporation established on December 21, 1982.

B entered the business administration on April 11, 200, and was dissolved on August 29, 200 with the approval of the transfer of contracts by the Financial Supervisory Commission.

B. The Plaintiff was imposed the global income tax of KRW 822,824,540 (hereinafter “instant global income tax”), the transfer income tax of KRW 84,46,250, and the transfer income tax of KRW 84,250, and the transfer income tax of KRW 8,250,000, the first due date for payment of which was the due date for payment on August 31, 2005, and the second due date for payment on December 31, 2007, which was the first due date for payment of KRW 730,279,80, and the first due date for payment on December 31, 2007, which was the due date for payment of KRW 489,909,420, which was the first due date for payment on May 31, 2009.

C. Regarding the instant global income tax, KRW 803,180,540 on November 23, 2004 and KRW 25,641,30 on May 7, 2008 were collected respectively.

The Plaintiff, around June 2010, failed to pay approximately KRW 1,612,00,000 national taxes by adding each of the above national taxes, its additional dues, and increased additional dues (hereinafter “instant national taxes”). The Plaintiff’s delinquent amount of national taxes reaches KRW 2,708,745,00 based on June 2016.

On December 28, 2010, the Commissioner of the National Tax Service requested the Defendant to prohibit the Plaintiff from departing from the Republic of Korea under Article 4(3) of the Immigration Control Act and Article 7-4(1) of the National Tax Collection Act. The Defendant issued a disposition to prohibit the Plaintiff from departing from the Republic of Korea to June 30, 201 under Article 4(1)4 of the Immigration Control Act on the ground that national taxes are delinquent on January 4, 201, the Defendant issued a disposition to prohibit the Plaintiff from departing from the Republic of Korea on December 31, 2010 to June 30, 201, and thereafter extended the period of the prohibition from the Republic of Korea on December 28, 2016 (hereinafter “instant disposition”).

[Ground of recognition] without any dispute, entry of Gap Nos. 1, 3, 26, Eul Nos. 1 and 3 (including branch numbers; hereinafter the same shall apply), and this Court.

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