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(영문) 대법원 2015. 12. 24. 선고 2015두52036 판결

(심리불속행)현금영수증미발행과태료는 필요경비불산입 대상임[국승]

Case Number of the immediately preceding lawsuit

Seoul High Court-2014-Nu-7276 (Law No. 26, 2015)

Case Number of the previous trial

Seocho 2012west 3733 (2014.08)

Title

(A) A fine for negligence not to be included in necessary expenses shall not be included in the expenses.

Summary

(The main point of the judgment is that the fine for negligence is not included in the necessary expenses, but the fine for negligence is not excluded from the total revenue under the former Income Tax Act, and whether the imposition of the fine for negligence is illegal or not should be asserted in the procedure of disputing

Related statutes

33 [Non-Inclusion of Necessary Expenses]

Cases

2015du52036 global income and a lawsuit demanding revocation of such disposition

Plaintiff-Appellant

Park AA

Defendant-Appellee

Head of △ District Office

Judgment of the lower court

Seoul High Court Decision 2014Nu72776 Decided June 26, 2015

Imposition of Judgment

December 24, 2015

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

All of the records of this case and the judgment of the court below and the grounds of appeal were examined, but the appellant’s grounds of appeal are not included in the grounds provided by each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Procedure for Appeal. Accordingly, the appeal is dismissed pursuant to Article 5 of the same Act and the costs of appeal are assessed against the losing party. It is so decided