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(영문) 서울중앙지방법원 2016.05.26 2015가합580409
불법신용정보등재말소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

(a) A person shall make a request in writing to the head of the concerned tax office;

* The head of a tax office may provide data on personal information and amount in arrears of a credit information company under subparagraph 5 of Article 2 of the Credit Information Collection Act, a credit information collection agency under subparagraph 6 of the same Article, and other persons prescribed by Presidential Decree, as necessary for the collection of national taxes or public interest purposes, if requested by any of the following persons:

Provided, That where an objection, request for examination, request for adjudication, or administrative litigation under the Framework Act on National Taxes is pending in relation to the national taxes in arrears, or in other cases prescribed by Presidential Decree, materials on arrears shall

1. A person for whom one year has elapsed from the date of occurrence of delinquency and the amount in arrears exceeds the amount prescribed by Presidential Decree;

2. A person who fails to pay taxes three times or more a year and the amount in arrears is above the amount prescribed by Presidential Decree * Article 10-2 of the Enforcement Decree of the National Tax Collection Act (Provision of Materials on Arrears)

* The definitions of terms used in this Act (Definitions) Article 2 of the former Credit Information Act (Amended by Act No. 13216, Mar. 11, 2015) are as follows:

1. The term "credit information" means information prescribed by Presidential Decree, which is necessary to determine the credit of the other party to a transaction in commercial transactions, including financial transactions, as follows:

Information by which a specific owner of credit information can be identified;

(b) Information by which the transaction details of an owner of credit information can be determined;

(c) Information by which credit rating of the owner of credit information can be determined;

(d) Information capable of assessing the credit transaction capacity of a credit information subject;

(e) Other information similar to items (a) through (d), Article 23 (Requests, etc. for Inspection and Provision of Credit Information to Public Institutions) (1) A credit bureau or a credit information collection agency.

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