When you may need advice
- I signed loan documents in my mother's name, and my sibling filed a complaint against me
- My business partner used my seal to make a contract
- I altered my certificate of employment and submitted it to a bank
- I am accused of making documents beyond the scope of what I was authorized to do
- I am being investigated for editing and submitting documents issued by a government office
Relevant laws
Criminal Act (형법) Article 231 (Forgery or Alteration of Private Documents) and Article 234 (Use of Forged Private Documents)
Forging or altering another person's document concerning rights, duties or proof of facts, with the aim of using it, is punishable by up to 5 years in prison or a fine of up to KRW 10 million. Using such a document is punished by the same penalty.
Criminal Act Article 225 (Forgery or Alteration of Public Documents) and Article 229 (Use of Forged Public Documents)
Forging or altering a document of a public official or public office, with the aim of using it, is punishable by up to 10 years in prison. Using such a document is punished by the same penalty.
Statutes are summarized. The official Korean text is available at the Korea Law Information Center (law.go.kr).
The first issue is whether you had permission
Forgery means a person without authority making a document in someone else's name. If the named person gave permission in advance, it is not forgery, and implied consent, such as verbal permission or the person habitually leaving paperwork to you, can also be argued.
The scope of the permission also matters. If you were only entrusted with a loan application but also made surety documents, the part that went beyond the scope can be treated as forgery. The general view is that the named person giving permission afterward does not undo a forgery already committed.
Making a document and submitting it are punished separately
Submitting a forged document to a bank, court or government office is a separate crime of using a forged private document, punished by the same penalty. If you borrowed money with that document, fraud can be added as well.
Public documents are punished much more heavily. Forgery of a public document carries only up to 10 years in prison, with no fine option, so cases involving altered resident registration cards or documents issued by government offices must be handled carefully from the start.
If you did not forge someone else's ID or public document but used it as if it were your own, the issue is improper use of a public document (공문서부정행사, Criminal Act Article 230). This carries up to 2 years in prison or imprisonment without labor, or a fine of up to KRW 5 million, which is lighter than forgery.
You can be punished even within a family
The special rule for property crimes between relatives (친족상도례) does not apply to document crimes. Even for documents in a parent's or sibling's name, making them without permission is punishable.
Also, forgery of a private document is not a crime that cannot be prosecuted against the victim's wishes, so the case does not end automatically even if you settle with the named person. However, the named person's statement of no wish to punish and compensation for the harm weigh heavily in the outcome.
Factors that affect the outcome and sentence
Factors that work against you
- · Borrowing money or disposing of property with the forged document
- · Forging several documents repeatedly
- · Forging or using a public document
- · The harm has not been made good
Factors that work in your favor
- · Circumstances suggesting the named person's implied consent
- · The document was not used, or no actual harm resulted
- · Settling with the named person and receiving a statement of no wish to punish
- · No prior record
How our Criminal Law Center handles your case
- 1
Check the document and circumstances
We look at the original or a copy of the document and how it was made, to see whether consent or the scope of authorization can be disputed.
- 2
Gather evidence of consent
We collect messages with the named person and records showing you habitually handled paperwork on their behalf.
- 3
Attend questioning
We attend questioning about who permitted what, and help keep your statements consistent.
- 4
Submit a legal opinion
We submit a written opinion disputing that forgery was committed or, if you admit it, including materials on compensation and the named person's wish not to punish.
Lawyers handling these cases
Hansol Kim Managing Partner
Former prosecutor at the Incheon District Prosecutors' Office, the Ansan Branch of the Suwon District Prosecutors' Office and the Hongseong Branch of the Daejeon District Prosecutors' Office
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Bonwoo Koo Managing Partner
Economic criminal cases such as Capital Markets Act violations, investment fraud, embezzlement and breach of trust
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Frequently asked questions
If my mother, the named person, says she does not want me punished, is it over?
Forgery and use of a private document are not crimes that cannot be prosecuted against the victim's wishes, so the case does not end right away. However, if the named person states that she effectively gave permission, the forgery itself may not be established, and her wish not to punish is taken into account in the outcome.
I edited a scanned document file and sent it by email.
Whether this is treated as document forgery can depend on how the file was made and whether it was printed and submitted. Keep the original file and a record of how you sent it exactly as they are, and check this in a consultation.
What is the statute of limitations?
Forgery and use of a private document carry a maximum of 5 years in prison, so the statute of limitations is 7 years. Forgery and use of a public document carry a maximum of 10 years, so it is 10 years (Criminal Procedure Act Article 249). If the forgery and the use happened at different times, each is calculated separately.