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As the job market becomes more challenging, there are often instances where individuals 'massage' their resumes or work experience statements to show even slightly better qualifications. Beyond simple exaggeration, there are cases of false representation on resumes where one embellishes facts that are not true. Just how far can this go before it becomes a crime, and what penalties are possible?
Many people think that if you lie on your resume, it is simply 'forgery,' but legally, it can yield unexpected results. In today's post, we clearly summarize through a video whether false representation on resumes constitutes forgery of private documents, and the actual criminal penalties (fraud, obstruction of work) and the possibility of dismissal.
1. Is lying on a resume considered 'forgery of private documents'?
To conclude, writing false information on one's own resume is not, in itself, a crime of forgery of private documents.
The crime of forgery of private documents is established when the 'named individual (the person with writing authority)' of the document differs from the actual author. In other words, filling in false information on my resume, which is in my name, is considered 'my document written by me,' and therefore does not qualify as 'forgery,' even if the content is false since I have the writing authority.
However, don't be too complacent. Even if it is not forgery of private documents, you could still be punished for other crimes.
2. The dangerous moments that become real 'forgery' (for example, certificate forgery)
So, under what circumstances would one be punished for forgery of private documents? It is when you use someone else's name or alter documents without permission.
Using another person's name: When you write a letter of recommendation or create a document in someone else's name.
Document alteration: When you modify or change the content of a certificate issued by a doctor, TOEIC score report, graduation certificate, etc., at your own discretion.
Such acts clearly fall under forgery of private documents and associated crimes and are subject to severe criminal penalties.
3. What if you get caught after being hired? : Penalties for obstruction of work and fraud
"Isn't it okay as long as it's not forgery?" you might think, but if you succeeded in getting a job with a false resume, a bigger problem awaits.
The actual potential penalties warned by Law Firm Cheongchul are as follows.
Obstruction of work: You may be charged with the suspicion of obstructing the company's fair hiring processes. It may be seen as obstructing a person's work through deceit (trickery), possibly leading to criminal penalties.
Fraud: You may be deemed to have committed fraud for misleading the company into gaining a financial benefit, such as salary.
If the false information provided had a direct and decisive impact on the hiring decision, the likelihood of punishment becomes very high.
4. Could I get 'fired'? : Cancellation of hiring and liability for damages
Apart from criminal penalties, you may be worried about being let go from the company you worked so hard to join. Simply inflating minor details may not lead to immediate dismissal. However, in the following cases, it would constitute justifiable grounds for dismissal.
When the false information was an important element of hiring (e.g., falsely listed essential certifications, falsifying key experiences in hiring for a specialized position, etc.)
When it directly interfered with actual job performance.
In these cases, the company can cancel the hiring or fire you, and furthermore, they can even claim damages for any harm caused to the company.
A single line of a lie can lead to irreversible legal responsibility. The issue of false representations on resumes is a serious matter that transcends ethical concerns and can result in criminal cases of work obstruction or fraud. Furthermore, in cases of wrongful cancellation of hiring or dismissal, initial responses are crucial.
If you are experiencing difficulties with related issues or need legal advice, please seek the assistance of an experienced professional. Law Firm Cheongchul will analyze your situation coldly and present the best solutions.
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