유산세형 상속과세제도에서 우리나라 상속공제의 문제점과 개선방안 = Problems with Inheritance Deductions in Estate taxation system in Korea and its improvements

다국어 초록 (Multilingual Abstract)

The inheritance & gift tax policy in Korea claiming to advocate the all-inclusive concept system of tax should be consistently promoted in line with the policy on other major tax items. The inheritance&gift tax is imposed on free transfer of riches, so it has a complementary relation with the tax items that determine the riches. As one of the tax items on the border of taxation on income or taxation on property, inheritance & gift tax won't be free from the universal principle of ‘wider source of tax revenue, lower tax rates.’
However, in case of the inheritance tax, its ultimate purpose is to serve to economic equality of the people by alleviating eternal wealth inheritance & concentration through succession to property according to the Constitutional idea of the social market economy order which acknowledges the national restrictions and regulations extensively with the aim of eradicating the contradictions attended by the free market economy and realizing social justice and economic democratization besides the primary goal of securement of national revenues, so it's more advisable to properly harmonize the theory of inheritance taxation with the reality of taxation based on the principle of vertical, horizontal equity rather than to simply widen the source of tax revenue. Therefore, if our country is to continuously maintain the inheritance tax system, there is a need for minimizing the infringement of private property rights and improving the system that can protect the socially, economically lower class. Here, this study is suggesting the improvements of the problems related to the current inheritance deductions as follows:
First, the lump-sum credit that runs counter to the inheritance deduction theory should be abolished; nevertheless, this part should be absorbed using the way of raising the amount for personal exemptions & creditable amount by item.
Second, the regulation on a limitation on inheritance deductions which is a discriminatory clause for prior gift should be revised; especially in case of the calculated amount of tax of the gift tax previously imposed on extra, its related regulation should be revised so that all gift taxes subject to extra taxation can be deducted.
Third, if the inheritance deductions system should be retained as it is for the sake of the people's sentiment in which an inheritor's personal reasons cannot but be considered, it'd be more advisable to change the current inheritance taxation method to the Estate acquisition taxation system other than to hold on to Estate taxation system that has a logical deficiency.