Early High Court Decision 201No3692 ( November 24, 2011)

90 days after the date of receipt of the written decision of the trial, and the period of filing a lawsuit is illegal;

Since it is apparent that the lawsuit was filed 90 days after the decision of the Tax Tribunal was delivered to the plaintiff, and the lawsuit in this case is filed in an unlawful manner with the lapse of the period for filing the lawsuit.

2012Guhap1140 global income and revocation of disposition

Quantity XX

Head of the Jeonju Tax Office

May 8, 2012

May 8, 2012

1. The instant lawsuit shall be dismissed.

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

The Defendant’s disposition of imposition of KRW 000 of global income tax for the year 2005 against the Plaintiff on May 23, 201 is revoked.

1. Details of the disposition;

A. The Plaintiff was granted a contribution income deduction for KRW 000,00, from the year-end tax settlement for wage and salary income tax for the year 2005, with respect to the new roads belonging to the pre-school of the pre-school of the P.W 1-11 ground in the Gu of Overcheon-si, 1-2, and under the P. 5th floor of the building, whose headquarters belongs to the pre-school of the P.S. (hereinafter referred to

B. The Defendant denied the donation as eligible for income deduction and imposed 000 won of global income tax on May 23, 2011 under the pretext of correcting the error in donation, on the ground that the XX church did not constitute “organization established for the purpose of dissemination of religion and other edification” under Article 36(1)(e) of the former Enforcement Decree of the Corporate Tax Act (amended by Act No. 21302, Feb. 4, 2009) and registered with the competent authority.

C. On October 24, 201, the Plaintiff dissatisfied with the instant disposition and filed an appeal with the Tax Tribunal on October 24, 201, but the Tax Tribunal rendered a decision to dismiss the Plaintiff’s appeal on November 24, 201, and the said written decision on adjudication reached the Plaintiff on November 28, 201.

[Ground of recognition] Facts without dispute, entry of Eul's evidence Nos. 1 to 4, purport of the whole pleadings

2. Summary of the plaintiff's assertion

The Plaintiff asserts that: (a) the instant disposition was imposed after the lapse of the five-year exclusion period for national tax assessment; (b) the XX church is a “organization established and registered with the competent authority for religious dissemination and other enlightenment; and (c) the Defendant previously treated the instant church as a religious organization and decided to grant a contribution deduction for the believers’s unconstitutionality; and (d) the Plaintiff’s refusal is contrary to the good faith principle; and (e) there are justifiable grounds for not imposing additional tax on the Plaintiff, and thus, the penalty tax imposition portion among the instant disposition is unreasonable.

3. Whether the lawsuit in this case is lawful

Since the Defendant asserts that the period for filing a lawsuit seeking revocation of the disposition of this case has expired, the administrative litigation seeking revocation of the disposition of national tax imposition can only be filed within 90 days from the date of receipt of the notice of decision on the request for examination or adjudgment under the Framework Act on National Taxes (Article 56(2) and (3) of the Framework Act on National Taxes). As seen earlier, the fact that the decision of the Tax Tribunal on the disposition of this case reached the Plaintiff around November 28, 201 is apparent that the lawsuit of this case was filed only on March 5, 2012 after the lapse of 90 days from the date of filing the lawsuit, and thus, the lawsuit of this case is unlawful as it goes against the period for filing the lawsuit of this case.

4. Conclusion

Therefore, the plaintiff's lawsuit of this case is unlawful and thus it is decided as per Disposition.