logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2018. 03. 15. 선고 2017두73778 판결
후발적 경정청구기간이 도과되었으므로 경정거부처분 취소소송은 부적법함[국승]
Case Number of the immediately preceding lawsuit

Seoul High Court-2017-Nu65731 ( November 09, 2017)

Case Number of the previous trial

Cho High-2016-Seoul Government-2680 ( October 18, 2016)

Title

Since the period for filing a request for correction is different, the revocation of the disposition rejecting the correction is illegal.

Summary

Since a request for correction filed after the lapse of the period for filing a request for correction is illegal and thus the tax authority does not have a duty to either determine or rectify the tax base and amount of tax or to take a disposition of refusal, it shall not be deemed a disposition of refusal subject to appeal even if the tax authority

Related statutes

Request for correction, etc. under Article 45-2 of the Framework Act

Cases

2017Du7378 The detailed global income and the revocation of revocation of a disposition rejecting a request for rectification

Plaintiff

room*

Defendant

00. Head of tax office

Imposition of Judgment

March 15, 2018

Text

All appeals are dismissed.

The costs of appeal are assessed against the plaintiffs.

Reasons

All of the records of this case and the judgment of the court below and the grounds of appeal were examined, but it is clear that the appellant's grounds of appeal fall under Article 4 of the Act on Special Cases Concerning the Trial Procedure, and therefore, all of the appeals are dismissed under Article 5 of the same Act. It is so decided as per Disposition by the assent of all participating Justices

arrow