The meaning of "documents concerning duties" in the preparation of false public documents

The term "documents related to the duties" in the crime of preparing false official documents means documents prepared by a public official within his/her authority and authority, and the documents shall include documents prepared by the public official with the authority of his/her own, which are external or internal documents (in the case of this proposal, the books of budget, which are the internal documents), not necessarily require legal grounds, and shall include cases where the documents are prepared with the authority of his/her official in accordance with orders, bylaws or practices.

Article 227 of the Criminal Act

Supreme Court Decision 76Do3467 Delivered on December 13, 1978

Defendant

Gwangju District Court Decision 80No882 delivered on February 13, 1981

The appeal is dismissed.

The grounds of appeal are dismissed.

The term "documents concerning the duties of preparing false public documents" in Article 227 of the Criminal Act means documents prepared by a public official within his/her official authority and authority, and such documents include cases where the official authority does not necessarily require legal grounds, and they are prepared with authority by order, bylaws, or custom (see Supreme Court Decision 76Do3467, Dec. 13, 1978; 76Do3467, Dec. 13, 197). Thus, it is just in a single opinion that public documents require external documents. Even if this public official's draft document is an internal draft document prepared for performing his/her duties within his/her official authority, so long as the document is a document prepared for the purpose of performing his/her duties, it constitutes a public official document, and the document prepared for the purpose of preparing false public documents under his/her authority and prepared for the purpose of executing his/her official authority in the name of the head of the Gun, and the person who is not aware of the fact that the document was prepared for the purpose of preparing false public documents under his/her authority or its official authority.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating judges.

Justices Kang Young-young (Presiding Justice)