조세범처벌법의 전면 개정과 한계
The Overall Amendment and Limitation of Punishment of Tax Evaders Act
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The Punishment of Tax Evaders Act was amended entirely and implemented on January 1, 2010. Before the overall amendment, the act had been amended twenty-two times. However, they were extremely partial. In other words, the reformed act in 2010 was the first overall amendment having sixty years history. The complete revision of the act in 2010 could be considered very positive change in that it realizes the ‘Schuld Prinzip’ by amending the established system having the fundamental framework since the enactment such as the types of crimes, legal punishment, the way of provision, etc. Also, the revision was aimed to make the operation of law effective. Nevertheless, the complete amendment still has problems which has to be examined. In this respect, this study reviewed the core contents and the reason for amendment, and the problems and limitation of such revision.
Abstract
The Punishment of Tax Evaders Act was amended entirely and implemented on January 1, 2010. Before the overall amendment, the act had been amended twenty-two times. However, they were extremely partial. In other words, the reformed act in 2010 was the first overall amendment having sixty years history. The complete revision of the act in 2010 could be considered very positive change in that it realizes the ‘Schuld Prinzip’ by amending the established system having the fundamental framework since the enactment such as the types of crimes, legal punishment, the way of provision, etc. Also, the revision was aimed to make the operation of law effective. Nevertheless, the complete amendment still has problems which has to be examined. In this respect, this study reviewed the core contents and the reason for amendment, and the problems and limitation of such revision.
참고문헌 (7)
- 국세청, "개정세법 해설", ~ (2010)
- 조세범처벌법 일부개정법률안 검토보고서(강창일의원 대표발의, 한선교의원 대표발의),, "기획재정위원회", ~ (2008)
- 조세범처벌법 일부개정법률안 검토보고서(허태열의원 대표발의-정부 제출),, "기획재정위원회", ~ (2009)
- 이천현, "벌금형의 규정방식에 관한 고찰", 형사정책연구, 18(3), pp.467~490 (2007), 한국형사정책연구원
- 이천현, "조세형법의 발전과정-독일을 중심으로", 형사정책연구, 9(3) (1998)
- 이천현, "조세형법의 합리화방안에 관한 연구", 박사, pp.2000
- 황정근, "매수주문량이 많은 것처럼 보이기 위하여 매수의사 없이 하는 일련의 허수주문행위로 인한 시세조종행위의 증권거래법상의 죄책과 그 죄수 및 법정벌금형의 산정기준(2002도1256)", 대법원판례해설, (41) (2002)
