I am curious about the difference between superior insult and insult.

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An on-site Fair Trade Commission investigation was scheduled for our company, but one employee deleted accounting-related materials on their personal USB. It wasn't a company-level instruction, but they deleted it just in case and got caught by the Fair Trade Commission. Is this also recognized as obstruction of the Fair Trade Commission investigation? If so, what disposition is imposed?

superior insult

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作者: 박동일

The crime of superior insult and the crime of insult differ in their applicable subjects and punishment requirements.

First, in terms of applicable subjects, the crime of insult is a crime that can be applied to anyone in general, while the crime of superior insult applies only to superiors within the military.

That is, the crime of superior insult is established when insulting words or actions are directed at a military superior.

Next, there is also a difference in terms of publicity.

While general insult requires publicly making insulting remarks in front of multiple people for punishment to be possible, in the case of superior insult, punishment is possible without publicity if insulting remarks are made directly to a superior.

This reflects the special nature of military discipline maintenance and organizational order.

Lastly, there is also a difference in the level of punishment.

The crime of superior insult is subject to imprisonment or imprisonment without labor for up to 2 years, while general insult (Article 311 of the Criminal Act) is subject to imprisonment or imprisonment without labor for up to 1 year, or a fine of up to 2 million won.

Therefore, you can understand that acts of insult against superiors within the military are punished more strictly than general acts of insult.

For details, please check through consultation with a military criminal specialist attorney.