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(영문) 대법원 2018. 05. 11. 선고 2018두36103 판결
신설된 조세특례제한법 시행령 제66조 제14조가 진정소급입법인지 여부[국승]
Case Number of the immediately preceding lawsuit

Seoul High Court-2017-Nu-73213 ( October 24, 2018)

Title

Whether Article 66 Article 14 of the Enforcement Decree of the Restriction of Special Taxation Act, newly established, is a petition-oriented legislation

Summary

Article 66 (14) of the Enforcement Decree of the Restriction of Special Taxation Act, which was newly established, does not violate the principle of statutory reservation, the principle of retroactive taxation, the principle of equality, and the principle of trust protection.

Related statutes

Article 66 of the Enforcement Decree of the Restriction of Special Taxation

Cases

Supreme Court Decision 2018Du36103 Decided capital gains tax and revocation of disposition

Plaintiff

AA

Defendant

BB Director of the Tax Office

Imposition of Judgment

May 11, 2018

Text

All appeals are dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The records of this case and the judgment of the court below and the grounds of appeal were examined. However, the grounds of appeal by the appellant are not included in the grounds provided for in each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Procedure for Appeal. 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 as per Disposition

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