해외금융계좌 신고의무에 관한 과태료 부과에 대한 소고

Abstract

This study is concerned with the overseas financial account reporting obligation under the Adjustment of International Taxes Act. Due to the changes of population structure caused by low birth rates and an aging population, change of the industrial structure, and global economic crisis, the demands for the welfare provided by the government are substantial in Korea. However, such expansion of welfare raises the issue as to how to procure the funds. Therefore, the Adjustment of International Taxes Act, amended in 2010, newly added the provisions covering the overseas financial accounts reporting obligation(Article 34) and the penalties for the violation of the reporting obligation(Article 35). The subsequent amendment of the Act in 2011 introduced new provisions regarding the ‘post-deadline reporting’ and ‘amendment’. The Act imposes reporting obligation to each of the persons related to the account when there are several persons with the reporting obligation for a single overseas financial account (e.g. joint ownership or borrowed accounts). There are controversies about the method of imposing penalties when only some of the related persons do not fulfill their reporting obligation. Based on the previous studies, precedents, and administrative interpretations, this study first reviews the legal characterization of the penalties as a method to secure the performance of the overseas financial account reporting obligation. Then, it explores the reasonable interpretation of the relationship between the penalties, and the post-deadline reporting and amendment.