Military prosecutors will appeal a court acquittal of the former head of a Marine Corps team that probed the 2023 death of a marine during a heavy rain search operation from charges of insubordination and defamation.

The Prosecutors Office Ministry of National Defense said on Monday while it respects the first trial acquittal of Col. Park Jung-hun by the military court, it has decided to appeal as it can not agree with verification of facts and judicial judgment in the ruling.

The appeals trial is expected to be presided over by the Seoul High Court in accordance with the Military Court Act revised in 2022.

Park was indicted in October 2023 on charges of insubordination after refusing to follow an order from then-Marine Corps Commandant Kim Kye-hwan to defer a transfer of the Marine Corps probe findings to the civilian police.

Park was also accused of defamation in allegedly distorting remarks made by then-Defense Minister Lee Jong-sup and suggesting he had given unjust orders during media interviews.