A false accusation in Korean criminal law

In Article 156 of the Criminal Code of Korea, a person who has reported a false fact to a public office or a public official for the purpose of punishing another person for criminal prosecution or disciplinary action shall be punished by imprisonment for not more than 10 years or a fine of not more than 15 million won. A false accusation is a dual nature that protects personal interests from the point of view that the constitutional requirement for subjective obligation to subject another person to criminal prosecution or disciplinary punishment is included in the legal legacy system. Accusing or accusing others of crime or corruption is encouraging for a healthy civil society. However, even if the surveillance and accusations against crime and corruption are important, it is not acceptable to report false facts for the purpose of harming others. A false accusation is a threat to honor, freedom and property on the victim's side. From the standpoint of a nation that is in charge of crime and corruption, the misuse or abuse of judicial functions creates the risk of diminishing public confidence in fair judicial functions. In order to prevent this, and to protect the fair judicial functions of investigative agencies and disciplinary institutions, the criminal law is not guilty. Unlike Germany, the Korean Penal Code is overly abstracted. If Article 156 of the Korean Criminal Code applies to imprisonment for less than 10 years or a fine of 15 million won or less in comparison with these legislation, it can be considered that the punishment is heavy and both discretion is given to the judge. The weighting of the statute of a false accusation can be seen to be in line with the traditional sense of guilt, which has assumed sinfulness worse than the execution of innocent crime. And it can be understood that widening the range of discretion reflects the possibility that illegality of infidelity may manifest in various ways.