Seoul Administrative Court 2009Guhap6162 ( August 21, 2009)

early 208west0572 ( December 18, 2008)

Whether the executive bonus has been paid according to the criteria for the payment of benefits

It is difficult to see that bonuses paid to executives are paid in accordance with the standards for payment of benefits determined by the articles of incorporation, the general meeting of shareholders or the resolution of the board of directors.

The contents of the decision shall be the same as attached.

1. The plaintiff's appeal is dismissed.

2. Costs of appeal shall be borne by the Plaintiff.

The judgment of the first instance shall be revoked. The defendant shall revoke the part exceeding 33,062,60 won of the disposition of imposition of 3,591,836,320 won of corporate tax for the business year 2005 against the plaintiff on May 15, 2007.

The reasoning for this court's explanation is as follows: "The fourth chapter of the judgment of the court of first instance is recognized", and "the plaintiff's assertion that the plaintiff, a company that is one, passed a general meeting of shareholders on March 3, 2004, passed a decision on the payment standard of benefits which served as the basis for the payment of the bonus of this case" is the same as the part of the judgment of the court of first instance. Thus, it is accepted in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

Therefore, the judgment of the court of first instance is legitimate, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.