Soldier sent for speaking ill of his superior in front of fellow soldiers...Military prosecutors ‘not indicted’

In the dormitory, the superior was described as “a mentally deranged person minus the brain.”
Charges of insulting superiors and defamation
Attorney: “I exaggerated the issue while complaining on the phone... it was not intentional.”

There was a case in which a soldier who was handed over to military prosecutors on charges of gossiping about a superior in the presence of fellow soldiers was not indicted.

It was confirmed that the Army Prosecutor's Office decided not to indict Soldier A, who was accused of defaming and insulting his superior, on March 7 due to insufficient evidence.

In November 2024, while five fellow soldiers were listening, Soldier A said to his superiors in the same unit, "It seems like they take out their brains even when they give them vacation. (The victims) are all mentally insane." He also said to the administrative supply officer, "I'm sick, but they won't let me go to the hospital. Since I didn't receive treatment, I'll report it under the Medical Service Act," and was charged with openly revealing false information.

During the investigation, Soldier A argued that the charges were not established, emphasizing that “this was an extremely personal phone call with his mother, and the act was not performed, so it did not constitute an insult to his superior.”

The military prosecutor who investigated this case said, "It is acknowledged that the witnesses spoke in very specific detail about the situation at the time of the suspect's speech, and that the suspect spoke as if he were the suspect." However, "the suspect used somewhat extreme expressions in the phone call with his mother, but it is difficult to say that it constitutes an insult that could lower the social evaluation of the victims' personal value," and decided not to indict Soldier A.

Attorney Jeon Hyo-cheol of Daeryun Law Firm, who represented the suspect, Soldier A, in this case, explained, “According to the Supreme Court ruling, whether an expression constitutes an insult under the crime of insult must be strictly judged in light of objective circumstances such as the relationship between the parties, the circumstances leading to the expression, the method of expression, and the situation at the time, and whether the expression is likely to infringe on the external reputation of the other party.” He explained, “It is not simply based on the subjective feelings of the other party.”

Attorney Jeon Hyo-cheol continued, "Soldier A only used some exaggerated expressions while complaining to his mother that he did not receive as much leave as expected. It was not a lie that he was injured while working and needed treatment. Therefore, it cannot be seen that there was an intention to damage the victim's reputation, so it was concluded that there was no charge."

[Law Leader Reporter Son Dong-wook twson@lawleader.co.kr]
 

[View full article]
Soldier sent for speaking ill of superiors in front of fellow soldiers...Military prosecutors ‘not indicted’ (link)