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(영문) 대법원 2013. 02. 14. 선고 2012두23198 판결
(심리불속행) 사업자등록정정신고의 수리를 거부한 행위는 항고소송의 대상이 되는 행정처분으로 볼 수 없음[국승]
Case Number of the immediately preceding lawsuit

Daegu High Court 2012Nu1090 ( December 21, 2012)

Case Number of the previous trial

Cho Jae-chul201-Gu2315 (Law No. 2011, 2019)

Title

(A) An act of refusing to accept a report on correction of business registration shall not be deemed an administrative disposition that is subject to appeal litigation.

Summary

(Abstract of the original trial) The issue of accepting a report on the correction of business registration is not an act that directly affects the rights and obligations of the plaintiff. Thus, the defendant's refusal to accept the report on the correction of business registration of this case cannot be viewed as an administrative disposition that

Related statutes

Article 55 of the Framework Act on National Taxes

Cases

2012Du23198 Revocation of Disposition rejecting a report on rectification of business registration

Plaintiff-Appellant

The AA

Defendant-Appellee

Head of Namgu Tax Office

Judgment of the lower court

Daegu High Court Decision 2012Nu1090 Decided September 21, 2012

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

All of the records of this case and the judgment of the court below and the grounds of appeal are examined, but it is clear that the grounds of appeal by the appellant fall under Article 4 of the Act on Special Cases Concerning the Procedure for Appeal, and the appeal is dismissed under Article 5 of the same Act. It is so decided as per Disposition by

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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