Sergeant's remark "Even if it's a local university"... Court rules it as defamation

A soldier who was demoted for insulting a superior filed a lawsuit to cancel the disciplinary action but was dismissed.

On the 18th, the Administrative Division 1 of Daegu District Court (Presiding Judge Chae Jeong-seon) dismissed the plaintiff's claim in the lawsuit filed by soldier A, who was disciplined for insulting a superior, against the commander of the Firearms Company of the 201 Rapid Response Brigade, 2nd Rapid Response Division of the Army, seeking to cancel the demotion.

A served as a corporal in the unit and insulted four superiors five times between June and July 2021, and was demoted in March last year for disobedience while holding the rank of sergeant.

During a safety education assembly, when Sergeant B ordered additional chairs to be arranged, A said, "What the hell is that ○○ ordering me around for?" Regarding his direct superior, Major C, he said, comparing him to other senior officers, "That's why he can't get promoted."

He also said about a staff sergeant in the barracks, "Isn't he just a specialist sergeant because he went to a 'jijapdae' (local lower-tier university)?" A claimed that he did not insult his superiors and that the disciplinary action was retaliation for his whistleblowing, filing the lawsuit.

He also argued that the disciplinary action was the harshest possible punishment and constituted an abuse and deviation of discretion. A received a non-prosecution disposition from the military prosecution.

The court stated the reason for dismissal, saying, "It is recognized that the plaintiff insulted his superiors by damaging their social reputation or expressing contempt. It is difficult to see that the disciplinary action was retaliation for whistleblowing or was clearly unjust and lost its validity according to social norms."

This content was produced with the assistance of AI translation services.