Insult of a Superior Officer

The following are cases recognized as the crime of insult of a superior officer.

1. A case in which the defendant referred to the position of a captain who was a superior officer in the barracks, saying “Company commander XXX. How annoying,” and used abusive language

The court determined that this remark went beyond a mere expression of grievance and constituted publicly insulting a superior officer.

In particular, the court viewed that a remark made in barracks where soldiers of various ranks were present together could adversely affect military discipline and the chain of command.

2. A case of insulting the President on social media

A staff sergeant assigned to the Special Warfare Command posted insulting comments about the President a total of nine times on social media.

The Supreme Court determined that, under the Military Criminal Act, the term 'superior officer' also includes the President.

This is a case in which the court held that the President also qualifies as a superior officer, taking into account the purpose of the Military Criminal Act, which protects the maintenance of military order and the chain of command, together with the related legal framework (the Constitution, the Organization of the National Armed Forces Act, the Military Personnel Management Act, and others).

Insult of a superior officer is set forth in Article 64 of the Military Criminal Act.

1. When the insult is made in person

The offense may be punishable by imprisonment, with or without labor, for up to two years.

2. When the insult is made by a public means

When a superior officer is insulted through documents, drawings, sculptures, or other means that others can perceive, the offense may be punishable by imprisonment, with or without labor, for up to three years.

3. In the case of defamation by publicly alleging a fact

Even if a fact was stated about a superior officer in front of others, if its content damages the superior officer's honor, the offense may be punishable by imprisonment, with or without labor, for up to three years.

4. Defamation by publicly alleging a false fact

When false content about a superior officer is spread in a situation where many can hear it, thereby damaging the officer's honor, the offender is subject to a heavier punishment of imprisonment, with or without labor, for up to five years.

The following are the sentencing guidelines for the crime of insult of a superior officer.

▶Mitigating factors

-A motive for the offense that merits consideration, a minor degree of insult, or the absence of publicity

-The victim being a quasi-superior officer, sincere remorse, no prior criminal record, and substantial recovery from the harm

▶Aggravating factors

-Causing serious harm to the victim, a blameworthy motive for the offense, repeated offenses of the same kind, and causing harm during an attempt to reach a settlement

The following is a checklist for each stage of the investigation and trial.

▶Responding to questioning by investigative agencies

When you receive a request to appear from a military investigative agency, such as the military police or military prosecutors, on charges of insult of a superior officer, it is important to thoroughly prepare the direction of your statement from the outset.

1. Preparation before making a statement

-Organize in advance the circumstances at the time of the incident, the content of the remarks, whether there were witnesses, and whether any recordings or conversation records exist.

-Preparing a one-page A4 summary of the key points of your statement can help prevent your account from wavering during questioning.

2. Caution regarding leading questions

Investigative agencies sometimes focus on inducing a confession rather than confirming the facts in order to conclude the case quickly, so it is advisable not to answer questions immediately but to respond carefully, centering your answers on fact-based explanations.

▶Preparing a statement of opinion and sentencing materials

After questioning, or at the stage where the decision on whether to indict is being made, it is very important to submit a statement of opinion organizing your situation along with sentencing materials.

1. Preparing a statement of opinion

-Describe in detail your diligent service attitude during duty, your usual character, the background of the conflict with the superior officer, and your mental state at the time of the incident.

-You should emphasize that there was no intent to disparage and that the remark was emotional, highlighting the absence of intent.

-The format is free, but a clear and consistent sentence structure increases credibility.

2. Examples of sentencing materials

-A petition from a superior officer or colleague in the unit

-A personnel record card or branch evaluation sheet that can establish the absence of any disciplinary history

-Materials that can demonstrate a sense of social responsibility, such as volunteer activities

-Psychiatric counseling records or records of treatment for stress (if there was difficulty controlling emotions)

*Note: All materials must have a clear source and a factual basis for the entries, whether original or copies, and submitting false materials may instead work against you.

▶Submitting a letter of apology

A handwritten letter of apology serves as an important factor in assessing the sincerity of one's remorse.

It is advisable to include the following content.

The following are practical defense points related to insult of a superior officer.

1. Confirming whether the person qualifies as a superior officer

-In addition to a direct superior, anyone who holds command authority may be recognized as a superior officer, so it is necessary to confirm whether the person qualifies as a superior officer.

2. Denying the intent and willfulness to insult

-You can emphasize that the expression came out emotionally, or that it was merely an expression of dissatisfaction rather than abusive language.

3. Securing a settlement with the victim and a statement of no desire for punishment

-Attempting an apology and a settlement with the superior officer who is the victim, and, if possible, obtaining a statement of no desire for punishment, can work favorably in the investigation and trial.

Even a simple mistake constituting the crime of insult of a superior officer can lead to serious consequences within the military organization.

Daeryun Law Firm provides integrated representation spanning the entire fields of military criminal, civil, and administrative law, standing with you from the initial investigation of an insult of a superior officer case through to the trial response, appeal, and disciplinary action.

If you are facing difficulties related to insult of a superior officer, you may consult with a Daeryun military law attorney at the nearest branch office.