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The answer is the abolition of the taxation system, where the former head of the Constitutional Court took the lead in the unconstitutional lawsuit.

Former Acting Constitutional Court Chief Justice Lee Jung-mi said, “The tax on slavery is wrong” and jumped into a lawsuit against the Constitutional Court. He was named at the forefront of a group of 10 litigation representatives at a law firm that proceeds with the unconstitutional litigation. The fact that a lawyer from the head of the Constitutional Court, who can be seen as the highest expert on the Constitution, expressed his strong will, saying, “I will serve as a light and salt to the suffering,” has considerable implications.

The fact that he was the head of the impeachment trial of President Park Geun-hye, which directly triggered the Moon Jae-in government’s inauguration, does not need to be interpreted broadly. However, the argument for participation in the lawsuit that “it is the lawyer’s job to correct mistakes” is sufficient to show that the perception that the taxation does not fit the basic principles of taxation is widespread among legal experts.

In addition to the former acting agent, many lawyers are participating in the litigation for unconstitutionality of the property tax. Former Constitutional Court Judge Min Hyung-ki, who was the referee at the time when the ‘decision of partial taxation inconsistent with the Constitution’ was made in 2008, is also leading the lawsuit along with Lee. A tax expert who used to be the head of the local tax office is preparing a lawsuit by forming a ‘Citizen’s Solidarity for Unconstitutionality Claims’ with hundreds of millions of dollars in private expenses. He is said to have persuaded his wife, “I made a living on taxes, so please understand it as my last service to the country.” In addition, many legal experts, including former Minister of Justice Lee Seok-yeon, former Constitutional Court Planning and Coordination Office Director Bae Bo-yun, and former Blue House Legal Secretary Kang Hoon, are participating in the lawsuit as if they were their own work.

The reason is that the current government’s punitive tax rate for multi-homeowners has been added to the Roh Moo-hyun administration’s poor tax system, and the law has become a mess. The ‘beating the rich’ type of tax law is highly likely to be unconstitutional in that the most common criteria for determining whether it is constitutional are the ‘principle of proportionality’ and the ‘principle of prohibition of excess’. Excessive tax rates for multiple houses and corporations undermine the ‘principle of tax equality’, and the triple burden of property tax, estate tax, and capital gains tax threatens even property rights. There is also plenty of evidence of hasty legislation, such as no provision for ‘temporary 2 homeowners’.

A more fundamental problem is that they change too often, spontaneously, for political purposes. The idea of ​​driving a ‘villain’ and punishing him for making profits from real estate, regardless of whether he was speculative or not, runs counter to the liberal democracy stipulated by the Constitution. The tax rate, which reaches a maximum of 6% (7.2% including special agricultural tax), is a serious violation of property rights no matter what excuses you use. Rather than waiting for the judgment of the Constitutional Court at the end of this year at the earliest, the National Assembly should hasten drastic corrective measures, including ‘abolition’, in order to dissolve the decision.

ⓒ Hankyung.com, unauthorized reprinting and redistribution prohibited

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