Q
I'm curious about the elements and punishment level of public document forgery.
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Hello. I received a sudden dismissal notice from my company. The dismissal occurred without any personal fault or significant grounds attributable to me; I was only told it was for management reasons, without any efforts to avoid dismissal or consultation process. Even in cases like mine where the dismissal reason isn't clear or procedures weren't followed, can it be recognized as unfair dismissal, and can I file a remedy request with the Labor Relations Commission?
public document forgery
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作者: 박동일
For public document forgery to be established, three major requirements must be met.
▷ Creation without authority
This is when a person without authority to create the document creates a document using the name of a public official or public agency.
That is, creating a document that you have no right to create under another's name applies.
▷ Similarity to actual public documents
The form and format must be such that a third party would mistake it for an actual public document.
Simple letter imitation or paper manipulation is unlikely to constitute the crime.
▷ Purpose of use
There must be intent to actually use the forged document.
Even if not actually used, if there was a plan or intent to use it, public document forgery may be established.
For public document forgery, under Article 225 of the Criminal Act, public document forgery/alteration may be subject to imprisonment of up to 10 years.
However, in actual cases, the sentence varies depending on various factors such as the motive, method, extent of harm, whether used, and prior record.
In your case of "only forging a picked-up disabled parking registration certificate," whether there was intent to use it may also be an issue.
Even if not used, if intent is recognized, you may be subject to punishment.
For detailed information related to public document forgery, please consult with a criminal specialist attorney.
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