Seoul High Court-2018-Nu65837 (20 March 20, 2019)

(In order to distribute profits reserved to a corporation, the form of remuneration has been taken externally, and the bonus subject to non-deductible expenses and the substance are the same.

(Main) If the pertinent remuneration is merely an external arrangement of the form of remuneration in order to allocate the profit reserved to the corporation mainly rather than a normal price for the performance of duties by an executive officer, the said remuneration is identical to the bonus subject to non-deductible expenses as a disposition of profit, and thus, cannot be included in deductible expenses.

Article 43 (Non-Inclusion of Bonuses in Deductible Expenses)

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

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 allegation in the grounds of appeal by appellant constitutes Article 4 of the Act on Special Cases Concerning the Procedure of Appeal and therefore, the appeal is dismissed pursuant to Article 5 of the above Act. It is so decided as per Disposition by