Daejeon Law Firm Assistance Case | Non-prosecution for a Client Charged With Insult of a Superior Officer

The account of the client who came to the Daejeon law firm seeking assistance is as follows.

The client, a service member, expressed dissatisfaction with his superiors while on the phone with his parents.

He had felt uncomfortable about the way they handled their duties and gave instructions, and he spoke of this to his parents.

A superior who overheard the content of the call took issue with it and reported the client on a charge of 🔗insult of a superior officer.

The client was bewildered to be involved in this charge, as he had no intention of insulting his superior and was merely expressing personal dissatisfaction.

He came to the Daejeon law firm seeking to proceed with the case alongside an experienced attorney and to defend against punishment for the crime of insult of a superior officer.

The crime of insulting a superior officer refers to an offense established when a person makes insulting remarks or engages in insulting conduct toward a superior within the military.

Unlike the general crime of insult, this offense is treated very strictly in order to maintain the chain of command in the military.

If the charge of insulting a superior officer is recognized, a person may be punished under the following provisions.

Military Criminal Act Article 64 (Insult of a Superior Officer, etc.)

(1) A person who insults a superior officer to that officer's face shall be punished by imprisonment with or without labor for not more than two years.
(2) A person who insults a superior officer by publicly displaying a document, drawing, or effigy, or by a speech or any other public means shall be punished by imprisonment with or without labor for not more than three years.
(3) A person who damages the reputation of a superior officer by publicly alleging facts shall be punished by imprisonment with or without labor for not more than three years.
(4) A person who damages the reputation of a superior officer by publicly alleging false facts shall be punished by imprisonment with or without labor for not more than five years.

If you are involved in this charge, there may be a high likelihood of receiving an actual custodial sentence, so it can be advisable to promptly seek counsel from a specialized attorney in the early stages of the case.

※ Superior officer: A person who holds the authority to issue orders within a relationship of command and obedience. Where there is no relationship of command and obedience, a person of higher rank or higher seniority is treated as equivalent to a superior officer.

The client became implicated in this charge while expressing complaints about superior officers to his parents.

However, this amounted to no more than a simple expression of dissatisfaction, and it did not constitute insulting language capable of lowering the social evaluation of the victim's personal dignity.

Accordingly, we emphasized that the client's conduct did not constitute the act of insult referred to under the crime of insult of a superior officer.

The only evidence capable of proving the facts alleged against the client was the statement of a fellow barracks-mate.

These individuals, however, held ill feelings toward the client and gave statements that lacked credibility in order to avoid their own liability for insult of a superior officer.

We therefore emphasized that such statements could not be relied upon as objective evidence.

The crime of insult of a superior officer is an offense for which punishment is difficult to avoid even when leniency is granted, so receiving the assistance of an experienced attorney in the early stage of a case is very important.

Daeryun's military criminal attorneys handle a broad range of military-related disputes, including 🔗military disciplinary action, personnel-related administrative procedures, and 🔗cruel treatment in the military.

We analyze the precedents of the military courts thoroughly and establish tailored strategies suited to the client's situation.

If you need the assistance of an experienced attorney in a situation similar to the case above, please entrust your case through a 🔗legal consultation reservation with the Daejeon law firm.