1. As to the Plaintiff’s grounds of appeal, Article 26(1) of the former Restriction of Special Taxation Act (amended by Act No. 7003 of Dec. 30, 2003) provides for a special exception to deducting a temporary investment tax amount equivalent to a certain amount from corporate tax for a taxable year prescribed by the Presidential Decree. The Enforcement Decree of the Restriction of Special Taxation Act (amended by Presidential Decree No. 16431 of Jun. 30, 199) amended by Presidential Decree No. 16431 of Dec. 31, 199 provides that “the amount of investment made under the Presidential Decree of the Restriction of Special Taxation Act (hereinafter “Enforcement Decree of the Restriction of Special Taxation Act”) shall be “the amount of investment made to newly acquire facilities falling under a business asset prescribed by the Ordinance of the Ministry of Finance and Economy by December 31, 199” and Article 23(3) provides that “The tax year in which an investment under paragraph (1) is made or the taxable year in which the relevant investment is completed” under Article 23(1) of the Addenda.

The court below held each year the business year.

1. Recognizing the fact that the Plaintiff’s instant investment, which was made from January to December 31, 199, was commenced in the business year 199 and completed in the business year 2000, and determined that with respect to the amount invested by December 31, 1999, the amount of the Plaintiff’s investment was completed on December 31, 199, and thus, the corresponding interim investment tax should be deducted from the corporate tax for the business year 199 and could not be deducted from the corporate tax for the business year 2000.

Examining the foregoing provisions and relevant legal principles and records, the lower court’s aforementioned determination.