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(영문) 대법원 2012. 12. 28. 선고 2012두20533 판결
(심리불속행) 연말정산에 의하여 소득세를 납부하였므로 무신고로 볼 수 없어 5년의 제척기간을 적용하여야 함[국패]
Case Number of the immediately preceding lawsuit

Seoul High Court 2012Nu4717 (Law No. 22, 2012)

Case Number of the previous trial

National Tax Service Review Income 2010-0093 (Law No. 22 April 2011)

Title

The exclusion period of 5 years should not be applied because the income tax was paid through the year-end settlement, so it cannot be considered as a non-return.

Summary

The exclusion period for imposing income tax on exercising option of stock purchase omitted from filing a final return on global income tax is five years, since it constitutes a person with wage and salary income received from two or more persons and paid the income tax by year-end adjustment.

Cases

2012du20533 Other details of global income and revocation of disposition

Plaintiff-Appellee

Maximum XX

Defendant-Appellant

Head of Namyang District Tax Office

Judgment of the lower court

Seoul High Court Decision 2012Nu4717 Decided August 22, 2012

Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

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 prescribed in each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Procedure for Appeal, and the appeal is dismissed in accordance with Article 5 of the same Act. It is so decided as per Disposition by the assent of

Reference materials.

If the grounds for final appeal are not included in the grounds of appeal that make it appropriate for the court of final appeal to become a legal trial, such as matters concerning significant violation of Acts and subordinate statutes, etc., the system of final appeal will not continue to proceed with the deliberation on the merits of the grounds for final appeal, but will not proceed with the deliberation on the merits of the grounds for final

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