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논문KCI 등재

조세 체납자에 대한 관허사업의 제한에 관한 연구

A study on Restrictions on government-permitted business to defaulted taxpayer

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참고문헌

키워드

주제분류법학

초록

If a taxpayer fails to pay national taxes or local taxes, the director of the tax office or the head of the local government to collect taxes, they can be Disposition for tax in arrears, Additional dues, Restrictions on government-permitted business, Submission of certificate of tax payment, Furnishing materials on arrearage of disposal of deficit, Request for travel ban, under National Tax Collection Act or Framework Act on Local Taxes. “Restrictions on government-permitted business” means if a taxpayer fails to pay national taxes and local taxes without any justifiable reason as prescribed by the Presidential Decree, the director of the tax office etc. may request the competent authorities for permission, etc. not to issue such permission, etc. or to suspend the enterprise or cancel the pertinent permission, etc.. If the director of the tax office etc. makes the request, the competent authorities shall comply with such request, unless there are any justifiable reasons to the contrary. But, National Tax Collection Act or Framework Act on Local Taxes shall be amend as follows. ① Restrictions on government-permitted business is permitted to defaulted taxpayer not any business but limited only that business. ② The director of the tax office and the head of the local government must first, Disposition for tax in arrears, later request Restrictions on government-permitted business. ③ The director of the tax office etc. to request the competent authorities for business subject to permission, etc., if a person who fails to pay taxes over a certain number and a certain amount of money. ④ National Tax Collection Act and Framework Act on Local Taxes should be provisions, the director of the tax office etc. shall issue a warning in writing to the effect that he shell be request the competent authorities for permission, etc. not to issue and to suspend the enterprise or cancel the pertinent permission, etc., prior to request.

Abstract

If a taxpayer fails to pay national taxes or local taxes, the director of the tax office or the head of the local government to collect taxes, they can be Disposition for tax in arrears, Additional dues, Restrictions on government-permitted business, Submission of certificate of tax payment, Furnishing materials on arrearage of disposal of deficit, Request for travel ban, under National Tax Collection Act or Framework Act on Local Taxes. “Restrictions on government-permitted business” means if a taxpayer fails to pay national taxes and local taxes without any justifiable reason as prescribed by the Presidential Decree, the director of the tax office etc. may request the competent authorities for permission, etc. not to issue such permission, etc. or to suspend the enterprise or cancel the pertinent permission, etc.. If the director of the tax office etc. makes the request, the competent authorities shall comply with such request, unless there are any justifiable reasons to the contrary. But, National Tax Collection Act or Framework Act on Local Taxes shall be amend as follows. ① Restrictions on government-permitted business is permitted to defaulted taxpayer not any business but limited only that business. ② The director of the tax office and the head of the local government must first, Disposition for tax in arrears, later request Restrictions on government-permitted business. ③ The director of the tax office etc. to request the competent authorities for business subject to permission, etc., if a person who fails to pay taxes over a certain number and a certain amount of money. ④ National Tax Collection Act and Framework Act on Local Taxes should be provisions, the director of the tax office etc. shall issue a warning in writing to the effect that he shell be request the competent authorities for permission, etc. not to issue and to suspend the enterprise or cancel the pertinent permission, etc., prior to request.

참고문헌 (12)

  1. 김남진, "행정법Ⅰ" (2009), 법문사
  2. 김동희, "행정법Ⅰ" (2008), 박영사
  3. 김철수, "헌법학개론" (2006), 박영사
  4. 박균성, "행정법론(상) 제10판" (2011), 박영사
  5. 한만수, "조세법강의 신정7판(2011년도판)" (2011), 박영사
  6. 홍정선, "행정법원론(상)제18판" (2010), 박영사
  7. 홍정선, "신행정법연습" (2011), 신조사
  8. 장태주, "행정법개론" (2009), 법문사
  9. 오용식, "세법상 관허사업제한제도의 문제점 및 개선방안" (2006), 조세연구 제6집
  10. 옥무석, "국세체납자의 관허사업제한" (1995), 조세법연구 제1집
  11. 김완석, "조세징수의 간접적 강제수단의 문제점" (2003), 조세연구 제3집
  12. 황영목, "면허조건위배 및 국세징수법 제7조제2항 소정의 국세를 3회이상 체납하였음을 이유로 한 전제버스운송사업면허취소의 적법 여부", 대법원판례해설, (16) (1992)

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