Case of forging documents to send an infant of an undocumented Vietnamese couple out of the country

Who this helps

This may help readers who want to know how forged documents and false reports, used to get an infant out of the country, were treated in a criminal case.

Case overview

Court

Daejeon District Court

Posted on original board

Mar 26, 2015 (Thu)

Topic

Criminal Cases

Original title (Korean)

불법체류 베트남인의 영아를 베트남으로 출국시키기 위해 각종 서류 등을 위조하여…

There was an infant born to a Vietnamese couple staying in Korea without legal status. A birth certificate was forged to make it appear that the infant was the child of a Korean national, and a false birth report was prepared and submitted using the forged birth certificate. Afterward, a Korean passport containing false information stating that the infant was a Korean national was obtained, in the process of sending the infant out of the country to Vietnam through Incheon International Airport.

What happens when documents are forged to send an infant out of the country?

The case involved an infant of a Vietnamese couple staying in Korea without legal status. A birth certificate was forged to make the infant look like a Korean citizen's child. A false birth report was then filed, and a Korean passport with false details was obtained. The aim was to send the infant to Vietnam through Incheon International Airport. The court found that criminal punishment applied to this process.

How the court ruled

Those involved received criminal punishment.

What to check in a similar situation

Details of the charges and the sentence can be checked in the court record at the court. Rules on birth reports, passport issuance and departure can be checked with the relevant government offices, including immigration offices.

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• Contacts: Korea Legal Aid Corporation 132

Terms explained

Obstruction of official duties

A crime of interfering with a public official's work, for example by deceiving them with false documents.

Forged birth certificate

A birth certificate made falsely, here to make an infant appear to be a Korean citizen's child.

False birth report

A birth registration filed with untrue information, here based on the forged certificate.

Undocumented stay

Remaining in the country without a valid legal status to stay.

More rulings on this topic

• Ruling sentencing a defendant to 1 year in prison for illegal entry, illegal stay and aiding another person's illegal entry · Busan District Court
• Students' submission of bank balance certificate found to be an application by improper means · Seoul Eastern District Court
• Court upholds departure order for foreign national fined for drunk driving · Daegu District Court

See all 28 rulings on Criminal Cases →

Frequently asked questions

What did the case involve?

It involved forging a birth certificate, filing a false birth report and obtaining a passport with false details. The goal was to send an infant of an undocumented Vietnamese couple to Vietnam.

How did the court rule?

The court imposed criminal punishment for the acts in this process. The summary does not describe the specific sentence.

Does this result apply to every similar case?

No. It is the court's decision in this one case and does not apply as is to other cases.