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(영문) 대법원 2017. 03. 31. 선고 2016두63293 판결
(1, 2심 판결과 같음) 실제 근무사실이 없어 손금 부인된 직원의 급여를 대표자 급여라고 볼 수 없음[국승]
Case Number of the immediately preceding lawsuit

Seoul High Court-2016-Nu-4936 ( November 30, 2016)

Case Number of the previous trial

Cho Jae-2015-Seoul Government-772 ( March 19, 2015)

Title

(1) The salary of the employee denied as deductible expenses is not the representative salary for the reason that the employee actually worked.

Summary

(1) It is difficult to recognize that the salary, etc. of an employee denied as deductible expenses is paid as the actual salary of the representative who can be recognized as deductible expenses because there is no actual work-related fact.

Related statutes

Article 19 of the Corporate Tax Act: Scope of Losses

Cases

2016Du63293 ( March 31, 2017)

Plaintiff

Bank of Korea-U.S.

Defendant

O Head of tax office

Imposition of Judgment

March 30, 2017

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

While examining the grounds of appeal in comparison with the records of this case and the judgment of the court below, the argument on the grounds of appeal is deemed not to include or not to be acceptable the grounds under each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Procedure for Appeal. Therefore, the appeal is dismissed, and it is so decided as per Disposition

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