(a) Time limit for filing the tax base or the amount of tax of a corporation, the mandatory external adjusted account statement of which is not required by Acts and subordinate statutes;

(b) Whether the corporate designation and public notice to be attached to the external adjusted statement by the Commissioner of the National Tax Service is invalid without the basis of higher statutes;

A. In light of the purport of Article 26(1) and (2) of the Corporate Tax Act, Articles 82(3) and (5), and 83(1) of the former Enforcement Decree of the Corporate Tax Act (amended by Presidential Decree No. 12334, Dec. 31, 1987); however, with respect to corporations deemed necessary for the accurate adjustment or faithful tax payment of corporate accounting and tax accounts, a tax audit statement shall be prepared and submitted by the pertinent corporation. However, with respect to corporations deemed by the Commissioner of the National Tax Service to submit an external invoice, i.e., a tax settlement statement prepared by a certified public accountant or a certified tax accountant, and a corporation that is required to attach such external invoice, files a tax settlement statement within 30 days from the date of the settlement of accounts, and the deadline for filing a tax settlement statement prepared by a certified public accountant or a certified tax accountant, which is mandatory by statutes, shall not be extended within 15 days from the date of the settlement of accounts.

B. According to Article 26(1) of the Corporate Tax Act and Article 82(5) of the Enforcement Decree of the same Act, it shall be deemed that a corporation’s specific scope decision to be attached to an external adjusted account statement is delegated to the Commissioner of the National Tax Service. Thus, it cannot be deemed that a corporate designation notice (Notice by the National Tax Service No. 28-26) that requires the external adjusted account statement of the

Article 26 (1) of the Corporate Tax Act; Article 82 (5) of the former Enforcement Decree of the Corporate Tax Act (amended by Presidential Decree No. 12334 of Dec. 31, 1987)

Young Fran Textiles Industry Co., Ltd., Counsel for the plaintiff-appellant

Head of Dong Tax Office

Seoul High Court Decision 87Gu240 delivered on June 29, 1987

The appeal is dismissed.

The costs of appeal are assessed against the plaintiff.

As to ground of appeal No. 1:

Article 26 (1) of the Corporate Tax Act provides that a domestic corporation liable to pay taxes shall report to the Government in writing the tax base and amount of corporate tax on income in the business year, as prescribed by the Presidential Decree, within 15 days (30 days in the case of a corporation which attaches an external adjusted statement prescribed by the Presidential Decree) from the date on which the settlement of accounts of each business year is determined. Paragraph (2) of the same Article provides that the report under paragraph (1) shall be accompanied by the balance sheet and income statement prepared by applying mutatis mutandis 1. Other documents prescribed by the Presidential Decree. Paragraph (3) of Article 82 (3) of the Enforcement Decree of the same Act provides that a corporation shall submit an adjusted statement within the period prescribed by the Ordinance of the Ministry of Finance and Economy within 15 days from the date on which the tax settlement report is made. Paragraph (5) of the same Article provides that the corporation, which is a certified public accountant or a certified tax accountant, should submit the adjusted statement within the period prescribed by the Presidential Decree within 30 days from the date on which the tax settlement report is made.

2. As to ground of appeal No. 2

In this regard, the court below's purport is that the designation public notice of corporation (National Tax Service Notice No. 28-26) to be attached to the external adjusted statement by the Commissioner of the National Tax Service, which is based on the legitimacy of the disposition of this case, is an invalid provision without any legal basis. Article 26 (1) of the Corporate Tax Act stipulates that the nature of the external adjusted statement or the scope of the corporation to be attached thereto shall be delegated to the Presidential Decree. Accordingly, Article 82 (5) of the Enforcement Decree of the Corporate Tax Act stipulates that the corporation shall attach the external adjusted statement, i.e., the adjustment statement prepared by a certified public accountant or a certified tax accountant, and stipulates that the external adjusted statement shall be attached to the external adjusted statement, and it shall be deemed that the above notice was delegated to the Commissioner of the National Tax Service with the determination of the specific scope of the corporation to be attached to the external adjusted statement. Thus, it cannot be deemed that the above notice by the National Tax Service cannot be deemed that there is no ground to reject the plaintiff's assertion

3. Therefore, the appeal shall be dismissed, and all costs of appeal shall be assessed against the losing party. It is so decided as per Disposition by the assent of all participating judges.

Justices Choi Jae-ho (Presiding Justice)