Our present legislative system has been adopted from Japan. Japanese legis- lative system has been enforeced just as it is in the Korean peninsula during the past Japanese occupation, and it was the same under the governing of the U.S. Armed Forces af...
Our present legislative system has been adopted from Japan. Japanese legis- lative system has been enforeced just as it is in the Korean peninsula during the past Japanese occupation, and it was the same under the governing of the U.S. Armed Forces after the Liberation day of August 15, 1945. As a result of those, the provisions of statutes of our country has been written in the Chinese characters. Needles to say about legal terms, general sentences of legal provisions has almost been written in the Chinese characters. It was the same in case of tax law provisions.
This phenomenon of tax law provisions has continued untill around 2010. After that, tax law provisions began to be written in Hangul(the Korean alphabet) before and after 2010. At length all of tax law provisions have been written in Hangul. In the process of these, some expressions in difficult Chinese characters has been changed into easy our Korean languages, or some difficult tax legal terms has been changed into easy our Korean languages. Some expres- sions smelling Japanese style has been changed into our languages. In addition to this, sometimes Chinese character has been written in a parentheses side by side with tax legal terms written in the Korean alphabet. These phenomena are going on continuously now.
In the process of these writing tax law provisions into Hangul, sometimes Chinese style expression has been changed into our style expression, or difficult Chinese vocabulary has been changed into our easy vocabulary in a tax legal term as a compound noun. In these cases a number of wrong changes are able to happen as a result of rough-and-ready progress. Such these errors are utterly dependent on their Korean language capabilities and misunderstanding of related surrounding systems of those persons in charge. Strict precautions should be made on these wrong changes.
As a guiding principle of changing into our Korean languages and writing into Hangul of tax law provisions, there is ‘the ruls of spelling of Korean’ noticed by the Ministry of Education. And there is a book “The easily under- standable guide of equipping law provisions” published by the Office of Legis- lation. Therefore a number of tax law provisions have been purified according to these two guiding principles. However, those purifications sometimes go wrong with these two guiding principles. In some cases, it is understood reasonable that the exceptions in those two guiding principles should be treated as normal principles.
For example, a tax legal term ‘collecting before period for tax payment’ had been written without space like ‘nap-gi-jeon-jingsoo’ from a long time ago in ‘the Act of Collecting National Tax’. But this writing method without space was changed into writing method with space like ‘nab gi jeon jingsoo’ in 2011. Such an example is inconvenient not only for understanding the meaning of tax legal terms but also wasteful in the side of space on the occation of publi- shing a book or writing an article.
Therefore, this author is believing, it is necessary to build a particular rules of tax law composition different from the above two guiding principles. There are around 2000 tax act provisions in the mother statutes calculated as 26 acts at present in 2016, and there are twice as many as tax act provisions simul- taneously in the enforcement ordinances and enforcement regulations. Conse- quently, a particular rules of tax law composition different from the above two guiding principles is needed in order to adjust systematically such many tax act provisions.
Special details necessary for the contents of ‘The Rules of Tax Law Com- position’ are as follows. For instances, it is necessary to define systematically tax legal terms, to be careful in changing the past tax legal terms written in Chinese style expressions into our style language or another Chinese style expre- ssions, and to refrain from writing tax legal terms with space under sonsid...