"‘Jongbuse Tax Evasion Deemed Unconstitutional’... Former Legislation Chief Lee Seok-yeon and Legal Experts File Constitutional Complaint to the Constitutional Court"
[Asia Economy Reporter Seokjin Choi] Legal professionals including former Chief of the Legislation Office Lee Seok-yeon, former Blue House Legal Secretary Kang Hoon, and former Chief Research Director of the Constitutional Court Bae Bo-yoon are filing a constitutional complaint with the Constitutional Court, arguing that “the government's illicit increase of the comprehensive real estate holding tax infringes on citizens' property rights and is unconstitutional.”
On the 22nd, the ‘Comprehensive Real Estate Holding Tax Unconstitutionality Lawsuit Legal Team,’ composed of about 10 members including former Chief Lee, held an online press conference and announced their intention to file a constitutional complaint regarding the comprehensive real estate holding tax.
The legal team includes about 10 legal professionals such as former Blue House Senior Secretary for Civil Affairs Lee Jong-chan and former Seoul High Court Chief Judge Hwang Jeok-hwa, as well as three professors including Professor Yang Jun-mo from Yonsei University’s Department of Economics. Seven others, including former Blue House Political Secretary Son Gyo-myeong, Yonsei University Special Appointment Professor Kim Jeong-ho, and former Seoul Central District Court Chief Judge Lee Ki-hyun, are participating as legal advisors.
In their statement of purpose, they claimed, “Due to 24 rounds of real estate policy changes and artificial increases in official property prices, the burden of the comprehensive real estate holding tax on citizens surged by a staggering 164.4% between 2018 and 2020.”
They further emphasized, “The government’s artificial increase of the tax base violates the principle of legality in taxation and the separation of powers, and also contravenes the constitutional principles of equitable taxation, protection of trust, and the rule of law.”
During the online press conference, they explained the recruitment of petitioners and their future activity plans.
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Since constitutional complaints can only be filed by individuals whose fundamental rights have been directly infringed by the exercise of public authority, actual taxpayers of the comprehensive real estate holding tax or those who are soon to pay it can be petitioners.
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