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(영문) 대법원 2019. 07. 25. 선고 2019두40567 판결

(심리불속행) 사전통지 제외한 세무조사가 적법한 세무조사인지 여부[국패]

Case Number of the immediately preceding lawsuit

Seoul High Court-2017-Nu-38128 ( October 10, 2019)

Title

(Trial Incompetence) Whether a tax investigation, except prior notice, is a legitimate tax investigation

Summary

(1) In the absence of the grounds for exclusion from the initial notice of tax investigation, a disposition based on the tax investigation without the prior notice is illegal.

Related statutes

Article 19 of the Income Tax Act

Cases

2019Du40567. Invalidity of a disposition imposing global income tax

Plaintiff-Appellant

○ ○

Defendant-Appellee

○ Head of tax office

Judgment of the lower court

Seoul High Court Decision 2017Nu38128 Decided April 10, 2019

Imposition of Judgment

on October 24, 2019

Text

The appeal is dismissed.

The costs of appeal are assessed against 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, all appeals are dismissed under Article 5 of the same Act. It is so decided as per Disposition by the assent of all participating Justices

심급 사건
-서울고등법원 2019.4.10.선고 2017누38128