가업승계 세제상 업종유지요건의 정당성과 한계 = The Legitimacy and Limitations of the Industry Maintenance Requirement in Business Succession Taxation

다국어 초록 (Multilingual Abstract)

This study examines the constitutional and tax-law legitimacy of the industry maintenance requirement in Korea’s business succession tax regime and analyzes its structural limitations from the perspectives of substantive corporate continuity and tax neutrality in an era of industrial convergence and business restructuring. Methodologically, the study integrates three approaches：(i) a normative analysis grounded in the principles of tax neutrality, proportionality, clarity, and systematic justice；(ii) an examination of the legislative history and internal consistency among the business succession tax deduction, tax payment deferral, and capital gains tax carryover regimes；and (iii) a comparative legal analysis of the tax systems of Germany, Japan, Canada, and Australia. The analysis yields three principal findings. First, in light of the tax payment deferral regime that excludes the industry maintenance obligation, the capital gains tax carryover mechanism that secures tax claims, and the “justifiable cause” provision under the Enforcement Decree of the Inheritance and Gift Tax Act, industry identity should be regarded not as an essential element of the business succession tax regime but as a policy-adjustable regulatory requirement. Second, the formal industry identity requirement based on the Korean Standard Industrial Classification (KSIC) creates lock-in effects and economic distortions, thereby restricting strategic business restructuring. Third, major jurisdictions design their post-management frameworks around substance-based indicators—such as payroll maintenance and the proportion of Active Business Assets (ABA)—rather than formal industry classifications. The contribution of this study lies in moving beyond the existing scholarly focus on the piecemeal relaxation of individual requirements by proposing an integrated post-management model centered on “substantive business continuity,” which combines Canada’s ABA test, Germany’s payroll maintenance rule, and Australia’s Active Asset Test. The study thereby presents a legislative direction for a growth-supporting business succession tax regime suited to the era of industrial transformation.