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(영문) 대법원 2017. 10. 26. 선고 2017두53927 판결
(심리불속행) 국세청장의 세무서에 대한 종합감사 후속조치로 감사공무원이 현장확인을 한 경우 중복조사에 해당하지 않음[국승]
Case Number of the immediately preceding lawsuit

Seoul High Court-2016-Nu62513 (Law No. 28, 2017)

Case Number of the previous trial

Cho-2015-west-1427 (Law No. 13, 2015)

Title

(A) If an audit official confirms on-site as a follow-up measure for the tax office of the Commissioner of the National Tax Service, it does not constitute a duplicate investigation.

Summary

(Main) On-site inspections conducted by the Commissioner of the National Tax Service as a follow-up measures for the comprehensive audit of the tax office by the Commissioner of the National Tax Service are distinct from those for the tax investigation exercising the right to ask questions to taxpayers or relevant persons.

Related statutes

Article 81-4 (Prohibition of Abuse of Right of Tax Investigation)

Cases

Supreme Court Decision 2017Du53927 Decided capital gains tax

Plaintiff-Appellant

The United States of America

Defendant-Appellee

BB Director of the Tax Office

Judgment of the lower court

Seoul High Court-2016-Nu62513 (Law No. 28, 2017)

Imposition of Judgment

October 26, 2017

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

Although the lower judgment was examined in light of the records of this case, it is recognized that the assertion on the grounds of appeal falls under Article 4 of the Act on Special Cases Concerning Procedure

Therefore, the appeal is dismissed in accordance with Article 5 of the above Act. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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