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(영문) 대법원 2019.09.25 2019도8290
관세법위반
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For reasons indicated in its reasoning, the lower court upheld the first instance judgment that collected KRW 651,519,00 from the Defendant.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by misapprehending the legal doctrine on additional collection under Article 282 of the Customs Act.

The Defendant asserts that Article 282(3) of the Customs Act, which stipulates that a necessary collection shall be made for a person transported goods without filing a declaration, violates the principle of excessive prohibition under the Constitution, the principle of proportionality, the principle of equality, the principle of the rule of law under the Constitution, and the principle of responsibility derived from the principle of no punishment without law. However, the above provision cannot be deemed to be in violation of the Constitution, such as exceeding the limit of the legislation on restriction of fundamental rights under Article 37(2) of the Constitution

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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