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한국 증여세제의 중요현안과 과제Current legal Issues in Korean Gift Taxation

Other Titles
Current legal Issues in Korean Gift Taxation
Authors
박종수
Issue Date
2014
Publisher
전북대학교 동북아법연구소
Keywords
a Fully Comprehensive Taxation; Gift Tax; Comprehensive Legislation; Type-making Legislation; Constitutional Limit; 완전포괄주의; 증여세; 포괄화; 유형화; 헌법적 한계
Citation
동북아법연구, v.7, no.3, pp.43 - 66
Indexed
KCI
OTHER
Journal Title
동북아법연구
Volume
7
Number
3
Start Page
43
End Page
66
URI
https://scholar.korea.ac.kr/handle/2021.sw.korea/100311
ISSN
1976-5037
Abstract
This article aims at the current legal issues on gift taxation in Korea. Gift taxation is very dramatically increasing in Korea. In 2005 Korea has introduced a fully comprehensive gift tax in korean Inheritance and Gift tax(KIGT) law. The legislative purpose was to prevent an anomalous shift of wealth without cost. But fully comprehensive taxation can violate the principle of substantial legislated taxation. And also it can incapacitate the principle of proportionality. According to Dworkin and Alexy collision of principles must be settled by the legislator. In my opinion the so-called ‘sample provisions of KIGT’ means the legislative settlement. Gift taxtion which is based only upon § 2 Ⅲ KIGT is prohibited. The legislator must do his best to give more transparency and predictability to tax payers. Comprehensive taxation sets a limit on the rule of law. Type-making is also limited in a reasonable boundary of a social consensus. In 2013 the trend of comprehensive taxation is more consolidated. It is time to make an in-depth study on comprehensive gift taxation.
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