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TITLE Supreme Court Decision 2015Do19296 Decided December 10, 2020【Violation of the Act on the Management of Presidential Archives; Damage of Public Electronic Records, etc.】 [full Text]
Summary
[1] Whether official documents (including official electronic documents) are regarded as valid with the approval by signature, etc. of a person with authority (affirmative) and, in such an instance, the meaning of “approval” and the standard for determining whether there has been approval of a person with authority
[2] Whether it is mandated under the former Act on the Management of Presidential Archives for presidential records to be “created” by institutions responsible for creating presidential records (affirmative), and in a case where presidential records manifest the characteristic of official documents (including official electronic documents), whether they must be deemed to have been created as presidential records only after they have been regarded as official documents with the approval of a person with authority (affirmative)
[3] Whether the “custody” of presidential records, as stipulated in Article 2 of the former Act on the Management of Presidential Archives, refers to “practical possession” (affirmative), and whether it is likewise true even if presidential records were not submitted for registration or transfer (affirmative)
[4] Whether “documentary materials and other electronic records used in public offices” in the crime of destroying public electronic records, etc., include documentary materials that have yet to come into force as official documents; documents that have not been submitted for official registration and approval; and documents that have been rejected during the reporting procedure for approval (affirmative), and whether the said crime is established even if the relevant documents are incomplete (affirmative)
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