법인세법상 임원인건비의 손금규제제도 연구 ―임원의 보수와 임원상여금을 중심으로―

Income that a corporate body earns through commercial activity ultimately belongs to an individual. Those who make an investment earn income through dividend as shareholder and ones who provide labor or service receive income in the form of wage and the like. And ones who provide service as stockholder first earn income with personnel expenses such as wage and then get additional income in the form of dividend paid through surplus appropriation of general meeting of stockholders. However, executives, the dominant stockholders, try to earn their income as personnel expenses in which inclusion in deductible expenses can be applied rather than dividend. Total emoluments of executives are decided by articles of association or by resolution from general meeting of stockholders and emolument of each executive is paid in accordance with wage payment standard determined by board of directors. However, it is a problem that executives, the dominant stockholders, can wrongly and arbitrarily set the total emoluments or emolument of each executive as large sum of money without rational grounds. In this context, this thesis reviewed appropriateness, rationality and fairness of loss restriction of personnel expenses for executives prescribed on Corporate Tax Act and drew problems as follows. Excessive and unfair executive emoluments which are arbitrarily decided by executives, the dominant stockholders, should be regulated in terms of its inclusion in deductible expenses but constructive loss restriction would not be desirable that excessively neglects contract parties’ intentions. The regulation on inclusion in deductible expenses should be developed with more reasonable and valid manners in order to facilitate fair taxation.