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(영문) 대법원 2016. 09. 09. 선고 2016두42944 판결

경정청구기한을 도과하여 제기된 경정청구는 부적합함.[국승]

Case Number of the immediately preceding lawsuit

Seoul High Court-2015-Nu62196 (2016.01)

Title

A request for correction filed with the lapse of the deadline for filing a request for correction shall be inappropriate.

Summary

(2) A claim for correction filed with an exception to the deadline for filing a request for correction may not be subject to an appeal by the tax authority, because it is inappropriate to file a request for correction.

Text

The appeal is dismissed.

Expenses for appeal shall be borne by the defendant

Reasons

Examining the judgment of the court below and the grounds of appeal, since it is apparent that the appellant’s ground of appeal falls under Article 4 of the Act on Special Cases Concerning the Procedure for Appeal, it shall be dismissed under Article 5 of the above Act. It is so decided as per Disposition by the assent of all participating Justices.

Related statutes

Article 45-2 of the Framework Act on National Taxes