(영문) 울산지방법원 2020.10.29.선고 2020고정112 판결

The defendant shall be punished by a fine of one million won. If the defendant does not pay the above fine, the defendant shall be confined in a workhouse for a period of one hundred thousand won converted into one day.

In order to order the provisional payment of an amount equivalent to the above fine.

Reasons

Criminal facts

1. Crimes related to the proposal to appoint the president of the Ulsan Association and the report on the election of the representatives of the general meeting;

(a) Forgery of private documents;

On February 7, 2019, the Defendant received contact from the office of the Ulsan ○○ Association, the president of the Ulsan ○○ Association, Kim (tentative name), the president of the Ulsan ○○ Association, with the content that the Defendant would not use the official seal of the president of the Association without the prior consent of the president of the Association. However, upon receipt of a request from the Korea ○○ Association to send a notice of the result of the local council election resolution, the Defendant stated the result of the election of the president of the Ulsan ○ Association and the representatives of the general assembly, and affixed the official seal of the president of the Association on the side of the head of the Ulsan ○○ Association, the name of the head of the Ulsan ○○ Association, the president of the Ulsan ○○ Association, the president of the Ulsan ○○ Association, and the report of the election of the representatives of the general assembly, the purpose of which is to exercise the certificate.

(b) Exercising a falsified investigation document;

The Defendant sent to an employee in charge of the Korean ○ Association, who was aware of the forgery at the time and place mentioned in the above paragraph (a), a report on appointment of the president of the Ulsan Association and the election of the representatives of the general assembly under the name of the president of the Glsan Association, as described in the above paragraph (a), as if they were duly prepared.

2. Crimes related to the loading and unloading of ports, wages agreements, and welfare agreements;

(a) Forgery of private documents;

On February 12, 2019, the Defendant, at the office of the Ulsan ○○ Association located in the Southern-gu, Ulsan-gu, the head of the Ulsan ○○ Association (hereinafter “Association”) signed with the president of the Association without prior consent of the president of the Association, and signed with the Ulsan 00 Association and the head of the Ulsan ○○ Association as new members of the Association on February 12, 2019, with the aim of exercising the name of the president of the Association without prior consent of the president of the Association in order to add salves to the salves of the port wage agreement and the welfare agreement. On February 12, 2019, the Defendant added his seal to the name of the president of the Korea Association of the Ulsan ○○○ Association of the Association, which was signed between the Ulsan ○○ Association and the Ulsan ○○ Association of the Association.

Accordingly, for the purpose of uttering, the Defendant forged the port loading and unloading wage agreement and the welfare agreement under the name of the president of the Ulsan ○○ Association, a private document on rights and duties.

(b) Exercising a falsified document;

The Defendant, at the time, at the time, and at the location of the above paragraph (a), delivered the forged port loading and unloading wage agreement and the welfare agreement as if they were genuinely prepared to employees who did not know of the forgery, as described in the above paragraph (a).

Summary of Evidence

(Omission)

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 231 of the Criminal Code (the point of reference to private document), Articles 234 and 231 of the Criminal Code (the point of uttering of private document), the choice of each fine

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Defendant and defense counsel’s assertion and judgment thereon

1. Crimes related to the proposal to appoint the president of the Ulsan Association and the report on the election of the representatives of the general meeting;

A. The assertion

The Defendant, as a full-time director of the Ulsan ○○○ Association (hereinafter “the Association”), was directly using the official seal of the president of the Association in accordance with the usual work guidelines. Around January 30, 2019, the Association of this case elected new president of the Association in accordance with the due process, and the Defendant was responsible for reporting the result to the Korea Association (hereinafter “Korea Association”), which is a superior organization of the Association of this case. Although the president of the Association at the time, the president of the Association unfairly instructed that he would not report to the Korean Association, the notification of the results of the election of representatives was made in writing at the Korean Association at the latest, and the Defendant, as in ordinary cases, prepared a report and sealed the official seal of the president of the Association (hereinafter “the report of this case”). In other words, the Defendant’s act of preparing the official seal of the head of the Association and sealing it to the Korean Association within the scope that does not go against the normal authority of the Association.

B. According to the evidence duly adopted and examined by the court, ① a regular report and occasional status report among the "documents published within the territory of the Republic of Korea" is stipulated as the final approving authority, and Article 4 (1) provides that "documents shall be delivered to the final approving authority, in principle, but in particular, matters or important matters shall be approved by the upper approving authority." ② On February 1, 2019, the defendant sent the letter "I will want to send the report to the Korean Association, which is the president of the Association of this case (the name of the Association of this case)". The defendant sent the letter "I will deliver the report to the Association of this case." This letter "I will directly perform the preparation, delivery, declaration of intention, etc. of the documents to the Association," and the defendant's act of signing and sealing the documents or the official seal of the Association of this case is clearly acknowledged as delegation of authority to the Association of this case, even if he did not directly sign and seal the documents or the official seal of the Association of this case is delivered to the Association."

Furthermore, regardless of which motive is limited to the preparation of documents by the Association and the withdrawal of delegation of the authority to affix the official seal, the acts of creating documents using the official seal shall not be deemed to be contrary to the social norms, as well as the dissenting opinions expressed by the nominal owner, despite the request for return of the official seal.

2. Crimes related to the loading and unloading of ports, wages agreements, and welfare agreements;

A. The assertion

Before October 2018, the Port Loading Pay Convention and the Welfare Convention (hereinafter referred to as the "each of the instant agreements") entered into on or around October 2018 between the Association of this case and the Ulsan Bright Trade Union (hereinafter referred to as the "UBU") Between the Association of the Republic of Korea and the UBU.S. Union, are naturally applicable to the members of the instant Association, and there is no need to enter into a new labor-management agreement to apply the agreement.

Therefore, the defendant's act of signing and sealing the official seal in the name of the president of the association of this case on the ground of his accession to dives of the instant agreement constitutes a normal business within the ordinary business scope, and thus constitutes a private document aiding and abetting.

not contravene social rules, but also contravene social rules.

B. Determination

According to evidence duly adopted and investigated by the court, each agreement of this case is concluded by setting the criteria to be applied to the overall loading and unloading work, such as loading and unloading fees, wages, obligation to submit documents, rest and compensation, etc. between members of the Association of this case and Ulsan Labor, and the end of each agreement is affixed with the official seal jointly signed by the members of the Association of this case at the time of the association of this case. ② According to the delegation agreement of the Association of this case, labor and management collective agreement shall be deemed to be "the affairs to be reported in advance to the president of the Association", and other matters of labor and management consultation shall be prescribed as the final approving authority. ③ On February 12, 2019, the executive director applied for membership to the Association of this case and the notification of acceptance of membership of the Korean Association of this day, ④ The existing president of the Association of this case signed and sealed the official seal of each Association of this case on February 1, 2019, and signed and sealed the official seal of each Association of this case and signed and sealed the new official seal of the Association of this case.

Thus, although Man legal representative corporation was a member of the Association of this case and was in the position of being subject to the application of each agreement of this case as a matter of course, even if each agreement of this case is the same document with the contents of each agreement of this case, the new company's seal and date are added, and there exists no original document. The preparation of each agreement of this case, which is not recorded at the time different from the existing agreement, shall be deemed as corresponding to the conclusion of "a collective agreement of labor-management" rather than the simple "agreement" because Man legal representative created a new document that proves the effect of each agreement of this case to the corporation that is not entered at the time. Accordingly, each agreement of this case, which is the document name, constitutes a document that can be directly prepared and sealed by the head of the Association of this case or created by the defendant at least with the prior consent of the head of the Association of this case. In addition, the preparation and sealing of each agreement of the defendant's own decision of this case is beyond the defendant's authority, and it constitutes a crime of forging private documents, because it is used in writing.

In addition, in light of the fact that there was no practice that the defendant passed by and dealt with the same agreement at the time of joining a new member company, and that there is no way that the defendant attempted to do so to the Association, this cannot be viewed as being contrary to the social rules.

3. Conclusion

All of the above arguments by the defendant and defense counsel are difficult to accept.