개인파산절차와 체납자 출국금지

Even if the individual debtor is declared bankrupt and exempted under the Act on the Debtor Rehabilitation and Bankruptcy, taxes, fines, surcharges, etc. fall under the non-exempt bond and shall still be liable for such payment. Nevertheless, the justice minister sometimes imposes prohibition of departure on debtors for failing to pay taxes and other fines due to lack of funds, which is a matter of whether the above disposition is legitimate. First of all, the prohibition of departure requires that there exist circumstances that would make it difficult for those who have defaulted more than a certain amount of money to be executed by force, such as risk for foreign outflow of property. However, the debtor is judged for the absence of the reason for refusing to permit immunity, such as the concealment of property, by the bankruptcy court's decision on bankruptcy and immunity. And since the bankruptcy immunity decision is a written judgment of the relevant case, it has strong proof in the cancellation suit of the prohibition of departure. Considering the wide range of data submitted by the debtor to the bankruptcy court in the process of personal bankruptcy and immunity cases, prohibition of departure is in principle illegal and therefore it should be considered the reason for cancellation because there is no reason to make it difficult for debtor to be executed by force, such as risk for foreign outflow of property.