The meaning of "factory that has been operated for more than two consecutive years" under Article 59-3 (1) 7 of the former Corporate Tax Act (amended by Act No. 3577 of Dec. 21, 1982).

"A factory which has been operated for more than two consecutive years" under Article 59-3 (1) 7 of the former Corporate Tax Act (amended by Act No. 3577 of Dec. 21, 1982) which provides for the non-taxation of special surtax refers to a factory operated by a corporation by continuously owning a factory site and building for more than two consecutive years.

Article 59-3 (1) 7 of the former Corporate Tax Act (amended by Act No. 3577 of Dec. 31, 1982)

Supreme Court Decision 84Nu334 Decided November 27, 1984

Korea Coast Guard Corporation

Head of Ansan Tax Office

Seoul High Court Decision 85Gu456 delivered on November 13, 1985

The appeal is dismissed.

The costs of appeal shall be borne by the plaintiff.

We examine the grounds of appeal.

Article 59-3 (1) 7 of the Corporate Tax Act (amended by Act No. 3577 of Dec. 21, 1982) which provides for non-taxation of special surtax refers to a factory operated for more than two consecutive years by holding the factory site and building for more than two consecutive years (see, e.g., Supreme Court Decision 84Nu334, Nov. 27, 1984). Thus, the judgment of the court below to the same purport is just and it is not erroneous in the misapprehension of legal principles, such as the theory of lawsuit.

Therefore, the appeal is dismissed, and the costs of the appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Yellow-ray (Presiding Justice)