허위작성공문서행사죄의 주체 및 객체에 대한 고찰 25)

Abstract

The Criminal Law stipulates the crime of preparing of false official document in Article 227 and uttering of falsified Public documents in Article 229. The former is defined as “If a public official prepares falsely or alters any document or drawing with the intention of use, in connection with his/her duties, he/she shall be punished by imprisonment for not more than seven years, or a fine not exceeding 20 million won”, while the latter is defined as “Any person who utters any document, drawing, special media records, such as electronic records, original of the authentic deed, license, permit, registration certificate, or passport, which is made by the crime as prescribed in Articles 225 through 228, shall be punished by the penalty as prescribed against each crime”. With regard to the interpretation of Article 229, the Supreme Court understands the subject of this crime as a person of status, and the object is limited to false official documents generated by the crime of preparation. However, the Criminal Law stipulates that the subject of Article 227 is limited to the person of status as ‘a public official’, while there are no restrictions on the subject of Article 229. Meanwhile, the “false official documents” as the object of Article 229 is sufficient if the contents of the official documents are false againstobjective facts. Therefore, the “false official document” referred to in Article 229 does not necessarily presuppose the establishment and punishment of crime of writing false official documents. Therefore, even if it is not punished for the preparation of false official documents, the document, written in the process, should be regarded as a false official document, and if it is exercised, the crime of uttering false official documents will be established.