Where the head of the family register division of the Myeon office has entered false matters in the correction of the family register without the approval of the head of the Myeon office, the crime of preparation of false official documents (negative)

The crime of preparing false official document stipulated in Article 227 of the Criminal Act is established when a public official who is authorized to prepare a document prepares a false document, and if a public official who is engaged in the duties assisting the public official prepares a false document in the name of the authorized person to prepare a false document without obtaining approval from the public official with the authority to prepare it, the crime of forging a false document shall be established. The crime of forging a false document shall not be established when the director of the family registry office makes a correction of the family register in the birth column of the family registry and the resident registration number column without obtaining approval from the director of the Myeon office.

Articles 225, 227, and 229 of the Criminal Act

[Plaintiff-Appellant-Appellee] Plaintiff 1 and 1 other (Law Firm Gyeong, Attorneys Park Jae-soo et al., Counsel for plaintiff-appellant-appellee)

Defendant

Defendant

Attorney Yoon Yoon-chul

Seoul High Court Decision 90No290 delivered on June 22, 1990

The judgment of the court below is reversed.

The case is remanded to Seoul High Court.

According to the reasoning of the judgment below, the court below held that on January 2, 1988, when the defendant was the head of the first-class office of the Gyeongsung-gun in Gangwon-do and was managed by the defendant with the knowledge that there was no reason to correct the family register, the non-indicted 2's birth column of the non-indicted 1's father's father's father's father's father's father's father's father's father's father's father's father's father's father's father's father's father's mother's father's father's father's father's father's father's father's father's father's father's father's father's father's father's father's father's father's father's father's father's father's father's father's father's father's father's father's father's father's father's father's father's father's father's father's children's husband's 197.

Although the court below did not have made a clear judgment as to whether the defendant obtained approval from the head of the face in making a correction of the family register of the case, if the defendant does not know that he did not obtain approval from the head of the face in making the correction of the family register, it does not seem to have any evidence that the defendant obtained approval from the head of the face without obtaining approval from the head of the face in making the correction of the family register. Accordingly, the so-called of the defendant of this case cannot be deemed to constitute the crime of preparing false public documents as provided in Article 227 of the Criminal Act, regardless of the fact that the defendant of this case constitutes the crime of uttering of the forgery of the

The judgment of the court below is reversed, and the case is remanded to the Seoul High Court for a new trial and determination. It is so decided as per Disposition by the assent of all Justices who reviewed the appeal.

Justices Kim Yong-sung (Presiding Justice)