Deals & Cases
Assistance from the Ansan Law Office | Assisting a Client Who Insulted a Superior Officer to Obtain a Decision Not to Prosecute
The client was a service member who had been referred to the military prosecution for insulting a superior officer. To defend against punishment, the client requested assistance from an attorney in Ansan.
1. How the Client Came to the Ansan Law Office

The client was a service member who had been charged with insulting a superior officer. The client requested assistance from the attorney, who collaborated with attorneys nationwide to assist the client.
The Circumstances That Led the Client to the Ansan Law Office
The client was a private who was reported for insulting a staff sergeant.
The person who reported the client was the client's junior service member.
The junior service member stated that the client had insulted the staff sergeant in the smoking room by referring to her as a "fool" in front of a corporal, and that the client had repeatedly made remarks sexually insulting toward the staff sergeant, who was a woman.
As a result, the client was charged with insulting a superior officer and was referred to the military prosecution.
Fearful of punishment under the Military Criminal Act, the client requested assistance from the Ansan law office to defend against punishment.
Statutes Relevant to the Case
The Ansan law office explained the offense of 🔗insulting a superior officer under the Military Criminal Act.
Insulting a superior officer is provided for in the Military Criminal Act, so it differs from ordinary insult.
■ Insult under the Criminal Act: imprisonment with or without labor for not more than one year or a fine of not more than 2 million won
■ Insult of a superior officer under the Military Criminal Act: imprisonment with or without labor for not more than two years
As shown, the offense of insulting a superior officer under the Military Criminal Act has no separate fine penalty.
※ Elements of the offense of insulting a superior officer
1. The act of insulting a superior officer (a person holding command authority in a relationship of command and obedience)
2. The establishment of public conduct (punishable even without public conduct if spoken in the presence of the superior officer)
3. If a superior officer is insulted by displaying a document, drawing, or effigy, or by a speech or other public means
*If you would like to have the details reviewed, please obtain a 🔗legal consultation with an attorney.
Key Issues Relevant to the Case
After grasping the circumstances of the client's case at the Ansan law office, the attorney identified the key issues relevant to the case.
The client denied the facts, stating that he had never insulted anyone.
The attorney therefore examined the statements of the complainant and the witness and worked to establish that these statements were not key evidence.
2. The Assistance Provided by the Ansan Law Office
After conducting a thorough consultation with the client at the Ansan law office, the attorney made the following arguments.
Argument That the Client Did Not Insult the Staff Sergeant
The client never directed sexual abuse at the staff sergeant.
The Ansan law office argued that the client had not insulted a superior officer and that, because sexual abuse does not constitute insulting a superior officer, the charge could not be recognized.
Argument That the Witness's Statement Lacked Credibility
The witness, who was also the initial complainant, made the report only after six months had passed.
The Ansan law office emphasized that the date and time of the incident described by the witness were not specific and that, given the long period that had passed, the witness's memory might be distorted.
Argument That the Client Was on Close Terms with the Staff Sergeant
The superior officer's nickname was "Fool Brother," a nickname given by the soldiers.
The Ansan law office argued that the client was likewise on close terms with the staff sergeant and had made the remark out of affection, not with any intent to insult.
3. If You Are Looking for the Ansan Law Office
The client had been reported on charges of insulting a superior officer, but with the attorney's assistance, the client was able to receive a decision not to prosecute.
For service members, the offense of insulting a superior officer applies the Military Criminal Act and may result in more severe punishment than ordinary insult.
The attorney assists clients through in-person meetings and real-time video conferences with attorneys located across the country.
If you are implicated in charges of insulting a superior officer, please request assistance from an 🔗Ansan attorney.

This content is based on actual cases handled by Daeryun Law LLC and has been partially adapted. All copyrights belong to Daeryun Law LLC.
Unauthorized reproduction, copying or distribution may result in legal action under applicable laws.
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