SEOUL, The Supreme Court has upheld a lower court verdict saying defamation of a superior officer under the Military Criminal Act cannot be punishable if the act was done for public interest, judicial officials said Tuesday. In the ruling made on April 16, the top court confirmed an appellate court's acquittal of a civilian military employee, who was indicted in March 2023 for defaming his superior in a comment in a news article alleging that the head of a military forensic team may have ignored the possibility of incorrect nationality determination for a British soldier's remains. The military prosecution charged the employee with defamation of his superior, and the military court sentenced him to six months in prison, though the court suspended the sentence for one year. But the court of appeals overturned the ruling and acquitted the employee, saying the defendant's act of writing the comment is perceived as intended for the public interest. The Criminal Act's Article 310 stipulates that if the facts alleged in a defamation case are true and solely for the public interest, the act shall not be punishable. There is no such provision in the Military Criminal Act, but the appellate court determined that Article 310 can be applied to the military law. The court said the remains excavation project is a national project and a matter of public interest. The Supreme Court then approved the ruling. Source: Yonhap News Agency