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(영문) 대법원 2018. 03. 16. 선고 2017두72263 판결
기한 후 신고에 대한 경정청구 거부처분은 불복청구 대상이 되지 않음.[국승]
Case Number of the immediately preceding lawsuit

Seoul High Court-2017-Nu64752 ( October 26, 2017)

Title

The rejection of a request for correction for a return after the deadline is not subject to appeal.

Summary

(2) Even if the tax authority reported the summary after the deadline and filed a claim for correction thereof, it is difficult to deem that the tax authority has a duty to legally respond to it, and such notification is merely an act of fact and is not subject to appeal.

Related statutes

Article 45-2 of the Framework Act on National Taxes

Cases

2017du72263 Other details of global income and revocation of disposition

Plaintiff-Appellant

○ ○

Defendant-Appellee

○ Head of tax office

Judgment of the lower court

Seoul High Court Decision 2017Nu64752 Decided October 26, 2017

Imposition of Judgment

2018.03.15

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

Examining the lower judgment 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, the appeal is dismissed pursuant to Article 5 of the same Act. It is so decided as per Disposition by the assent of all participating Justices.

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