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I heard that a report was submitted for insult of a superior officer; what should I do?

Hello, I am currently a soldier serving in the military. Recently, while I was complaining about a superior in the barracks, it seems that my swearing reached the ears of a senior soldier or an officer. It was something I said as a joke, but I heard that a report was submitted for insult of a superior. In such a case, what punishment can I receive under the Military Criminal Act? I would appreciate a quick answer.

Insult of a superior officer

Military Criminal Act

Answer

Published: 2023-03-29

Author : DongIl PARK

If you insulted a superior to their face, you become subject to imprisonment with or without labor for up to 2 years.

Insult of a superior officer refers to an offense established when a person directs insulting words or conduct at a superior within the military.

Unlike the ordinary offense of insult, this offense is dealt with very strictly for the sake of the military's chain of command.

If a person insults a superior by displaying a document, drawing, or effigy, or by a speech or another public method, they become subject to imprisonment with or without labor for up to 3 years.

In addition, where a person damages a superior's reputation, a very severe punishment is imposed.

If a person damages a superior's reputation by publicly alleging a fact, they may be subject to imprisonment with or without labor for up to 3 years, and if they damage a superior's reputation by alleging a false fact, to imprisonment with or without labor for up to 5 years.

Insult of a superior officer is an offense for which it is difficult to avoid punishment even with leniency, so it is very important to obtain the help of an attorney experienced in this area at the early stage of the case.

Therefore, if you have become involved in this charge, keep in mind that it is advantageous to seek advice from an attorney with a high level of understanding of the military organization and to establish a defense strategy promptly.