CONTENTS
- 1. The Client
- - How the Client Came to Us
- 2. The Law on Insult of a Superior Officer
- - Questions and Answers on the Case
- 3. Our Assistance
- - Argument ① The Client Did Not Make the Statement
- - Argument ② The Elements of Insult of a Superior Officer Are Not Met
- - Argument ③ The Need for an Accurate Investigation
- 4. The Prosecution's Decision on Our Arguments
- - If You Need Our Help
1. The Client
Seeking to resolve the matter quickly, the client looked for a law firm to handle the case together and came to the Daeryun Wonju office for a consultation.
How the Client Came to Us
The account of the client who came in for a consultation is as follows.
The client was a service member who was serving alongside the complainant in the same barracks.
One day, an argument with the complainant left the client with ill feelings toward him.
The client then voiced his complaints in front of a number of fellow soldiers.
The client was referred to the military prosecution on a charge of insult of a superior officer on the ground that he had publicly insulted the complainant.
Aware that the penalties for 🔗insult of a superior officer are severe, the client recognized the need for legal assistance.
Wishing to handle the case with an attorney, avoid a custodial sentence, and conclude the matter with a non-prosecution decision, the client came to us.
2. The Law on Insult of a Superior Officer
Insult of a superior officer refers to making insulting remarks or engaging in insulting conduct toward a superior, damaging their honor.
If the insult is made in the presence of the superior, it is punishable by imprisonment with or without labor for up to two years.
If the insult is committed in a public manner, it may be punishable by imprisonment for up to five years.
Questions and Answers on the Case
Q. Is a fine also available as a penalty for insult of a superior officer? A. Insult of a superior officer is provided for in the Military Criminal Act, and the most significant difference from ordinary insult is that no fine is prescribed among its penalties. Accordingly, if a person is involved in a charge of insult of a superior officer, the likelihood of a custodial sentence is very high.
3. Our Assistance
We formed a task force with a military criminal attorney who has a strong understanding of the precedents and practices in military cases, and we reviewed the matter.
On that basis, we established a suitable strategy and advanced the following arguments.
Argument ① The Client Did Not Make the Statement
While it is true that the client raised complaints in front of other colleagues, the insulting remark alleged by the complainant was not made by the client.
In light of the statements of individuals who confessed that they themselves had made similar remarks, we emphasized that the client did not commit insult of a superior officer.
Argument ② The Elements of Insult of a Superior Officer Are Not Met
The client's mere remark that the complainant resembled an animal can hardly be seen as lowering the complainant's social reputation.
It is also difficult to find that the remark contained any contemptuous feeling toward the complainant.
We emphasized that such a remark, on its own, cannot be regarded as affecting the maintenance of the hierarchy and chain of command within the military organization.
Argument ③ The Need for an Accurate Investigation
In light of the fact that another individual made the remark in question and that there are detailed statements from witnesses, the client did not make the insulting remark toward a superior officer.
If the case were to rely only on the statements of some witnesses, the client could be subjected to a very heavy sentence, so we emphasized that an accurate investigation was needed.
4. The Prosecution's Decision on Our Arguments
Accepting our arguments, the prosecution issued a decision of 'non-prosecution'.
The client expressed deep gratitude to us.
If You Need Our Help
With insult of a superior officer, punishment is difficult to avoid even when leniency is granted, so it can be helpful to receive an attorney's assistance early in the case.
Daeryun's 🔗military criminal attorneys handle not only administrative personnel procedures such as the discipline of service members and cases of abuse, but also various types of military-related disputes.
Drawing on the precedents of the military courts, they establish a systematic strategy tailored to the client's situation.
If you face a situation like the one above and need an attorney's help, you are welcome to contact us at any time.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.
