What happens if I report military insubordination?

Hello. This is the military specialist attorney at Daeryun Law Firm.

Military insubordination refers to acts of violence within the military, including physical or psychological attacks committed by a lower-ranking soldier against a higher-ranking one.

If you report Corporal A, he will face the following punishments under the Military Criminal Act.

▶ Assault and threats against a superior: 1 to 10 years imprisonment in front of the enemy, up to 5 years imprisonment in other cases

▶ Special assault and threats against a superior: death penalty, life imprisonment, or imprisonment of 5 years or more in front of the enemy; life imprisonment or imprisonment of 2 years or more in other cases

▶ Assault causing death or injury to a superior: death penalty, life imprisonment, or imprisonment of 10 years or more in front of the enemy; death penalty, life imprisonment, or imprisonment of 5 years or more during wartime, incidents, or martial law areas; life imprisonment or imprisonment of 5 years or more in other cases

▶ Injury to a superior: life imprisonment or imprisonment of 3 years or more in front of the enemy; imprisonment of 1 year or more in other cases

▶ Killing a superior: death penalty or life imprisonment

Military insubordination, including violence and harsh treatment within the military, can be reported directly to military prosecutors or the military police, and can also be reported through external agencies such as the National Human Rights Commission.

You may hesitate to report due to fear of harm to your safety, but acts of disadvantage taken in retaliation for legitimate reporting are subject to separate disciplinary action and criminal punishment.

Military insubordination must never be tolerated and is a matter handled strictly under the Military Criminal Act.

If you have more questions regarding military insubordination, please find a military specialist attorney for consultation.