I Became a Law School Genius – 126



I Became a Genius Law School Student Episode 126

Chae Song-ha opened his mouth as if asking what he had heard but by my standards it was right to order this much.

In order to develop the senses in just 10 days or so the only way was to practice as much as possible.

“If you don’t think you can do it you can go back.”

“…I will do it.”

‘That’s how it should be.’

Although the field is different Chae Song-ha is also someone who has experienced success through hard work and hard work. It wasn’t like I was going to get scared and run away with something like this.

“First let’s start with research.”

I operated the projector lowered the screen and projected the PPT I had prepared. The page that emerged introduced a hypothetical case.

“Please pay attention to the next case.”

<Overview>

– While eating cake at a restaurant a young woman suddenly collapsed due to difficulty breathing due to airway obstruction. Although the restaurant owner called 119 it will take some time for paramedics to arrive.

– At this time today’s client A appears. Person A was a resident receiving training in internal medicine at a university hospital and as soon as he saw the woman’s condition he decided that emergency treatment was necessary. Therefore artificial respiration was attempted on the woman.

– Thanks to this the woman’s life was saved. The woman said thank you and A went home with the pride of putting what she had learned into practice and saving someone’s life.

– But there is a twist here. A few days later the woman filed a lawsuit claiming that her ribs were broken during artificial respiration and that she would be held liable for civil damages.

“…Why are there all these cases?”

“It happens more often than you think. There is also a proverb that says “If you rescue a drowning person they will tell you to give them your luggage.”

Saving people is not easy.

In the first place the expression ‘save’ itself means that the other person is in some kind of danger.

Forcing someone out of such a dangerous and urgent situation is bound to involve some rough exercise of skill.

Like pulling out a person trapped in the rubble of a building and inflicting scratches on them. In severe cases it may break in one place.

When escaping a person from a fire scene it is not unusual for embers to fly and cause minor burns.

“The case I just mentioned is also a variation of an incident that actually occurred.”

Now here’s the problem. I snapped my fingers.

“Client A came to see Chae Song-ha a lawyer at a law firm. “They say it’s unfair to get sued after saving someone.”

As a lawyer what answer should I give to a client who is being wronged?

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To figure this out there is something you need to do first.

“If you were Chae Song-ha what data would you research and how would you do it?”

“Hmm… just a moment.”

Chae Song-ha thought for a moment and then answered.

“What the woman is asking is liability for damages based on tort under Article 750 of the Civil Code right? “Client A does not want to take responsibility.”

‘oh?’

“Then I guess we’ll have to find a way to get immunity. “I don’t remember exactly how many trillions there are but just like criminal law there are grounds for illegality in civil tort liability right?”

It’s not a bad approach.

Liability for damages arising from torts. It is a provision that states that if you have done something bad to someone else you must compensate for the damage caused.

In other words even if damage is caused if it cannot be considered a ‘bad act’ there is no need to compensate.

‘Article 761 stipulates that.’

Article 761 (Emergency evacuation in self-defense)

① A person who unavoidably causes damage to another person in order to defend his or her own or a third party’s interests against the illegal act of another person is not liable for compensation. However victims can claim compensation for damages for illegal acts.

② The provisions of the preceding paragraph shall apply mutatis mutandis to cases where damage is unavoidably caused to another person in order to avoid imminent danger.

The woman’s life was in danger due to airway obstruction meaning she was in ‘imminent danger.’ This article may apply to actions taken to save that life.

‘That’s why you can’t tell just by looking at the grades.’

We legally analyze the basis of responsibility and discover the basis for immunity behind ‘unfairness.’ Chae Song-ha was already equipped with a basic legal mind.

‘But… it’s not perfect.’

“I think we can look into the provisions and related precedents and review whether there is room for application in legal terms.”

“It was a good approach.”

Chae Song-ha’s expression brightened when I praised her but I immediately shook my head.

“But you’re wrong.”

“yes yes?”

“In this case there are issues that need to be reviewed first before the general principles of civil law.”

“…What is that?”

“LEX SPECIALIS DEROGAT LEGI GENERALI.”

“Rex what?”

“In Latin it refers to the ‘principle of priority over special laws.’ “You’ve heard it at least once right?”

“ah!”

The principle of priority of special laws is the principle that when both general and special laws can be applied to a single case the provisions of the special law should be applied with priority.

Special laws are laws tailored to regulate only specific field situations. Therefore it is bound to fit the situation in a more timely manner than general law.

“In this case there is ‘Article 5-2 of the Emergency Medical Services Act’ as a special law that must be reviewed before Article 762 of the Civil Act.”

I accessed the National Legal Information Center with my smartphone and displayed the just-mentioned article on the screen.

“ruler. look.”

<National Law Information Center>

Article 5-2 of the Emergency Medical Services Act (Exemption for emergency medical treatment in good faith)

If there is no intent or gross negligence for property damage or death resulting from providing emergency medical care or emergency treatment that falls under any of the following items to a life-threatening emergency patient the actor shall be liable for civil liability and injury ( Criminal liability for damage is not assumed and criminal liability for death is reduced.

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This provision applies preferentially to Party A’s actions in the case.

As a result Party A can avoid liability as long as it can be proven that there was no intention or gross negligence for the broken rib.

This is the point where the direction to investigate becomes clear.

“…How do you know this?”

“I don’t know.”

“yes?”

“Because I don’t know I have to look for it. “Isn’t that research?”

There is no scope for testing in real-life cases. Even if it seems like it can be solved with what you know the answer may actually lie beyond that.

Accurate research is necessary to prevent these mistakes.

“Research begins with keyword extraction. “We need to start by extracting ‘all’ the important keywords in the case.”

“All keywords….”

“Based on what she learned Chae Song-ha discovered the keywords liability for damages and exemption from liability in this case. That’s what I said was a good approach.”

But that alone wasn’t enough.

“This case is a little different from a typical loss. This is because it happened in the special context of first aid. “It would have been better if keywords such as first aid and medical rescue had been pulled out and considered.”

“It’s difficult.”

“It’s because I’m used to the exam-oriented mindset. For the law exam you must find answers and solve problems within the expected scope within what you have learned. “This is a problem that can be solved with practice.”

Now in that sense. With that kind of luck I handed out the bundle of documents to Chae Song-ha.

“Shall we begin?”

Now it was time to learn how to move my hands myself.

* * *

Day 1.

“Okay passed.”

“Whoa. at las…!”

“It wasn’t bad. Although there was a lot of nonsense. What is this in particular? ‘Since the stolen grain is stolen goods can the meat of pigs fattened by feeding the grains also be considered as stolen goods that have changed their form?’”

“It doesn’t matter if you talk nonsense so just squeeze something out of it somehow!”

“I did. Well done. It is easier to reduce creativity than to increase what is lacking. “You have talent.”

“Hey…!”

“Anyway thank you for your hard work. “You can go back now.”

“Oh it’s 3 in the morning? Um… how does it work?”

“I don’t know.”

“…?”

Day 2.

“Thank you for your effort. “It took an hour less than yesterday.”

“But it’s still the same that the last train was cut off?”

“Do it quickly.”

“Yesterday I ended up staying in the PC room in front of the main entrance until the first train started.”

“It’s not a bad method. “Isn’t there a short girl with a hood over her seat near the entrance?”

“Uh… I think it happened. “I was playing a game with a mountain of energy drinks.”

“Huh I heard that’s not good for your health. “I couldn’t break my habit.”

“It looked like that to me but wait a minute. “That’s not important.”

“Let’s aim to finish tomorrow before the car runs out. “It’s like a time attack and I like it.”

“….”

Time passed quickly. Chae Song-ha went to work at the law library at Hankuk University every day and while she was completing her assignments I looked through the civil procedure law exam book and conducted advance study.

Then I thought of one thing.

‘Is this guy useful?’

It was not an empty statement to say that Chae Song-ha had talent.

First of all grit wasn’t bad. No matter how much homework I gave Chaesongha he somehow worked hard and completed it.

If it weren’t for this kind of poison I wouldn’t have been able to endure the arduous life of an idol trainee.

‘Your ideas are flexible.’

At first it seemed like I was stuck thinking about solving exam questions.

However ever since I advised him not to be caught up in formalities he has come up with all kinds of crazy ideas.

The source of the argument was not limited to precedents or legal papers but also actively used various materials such as books in other fields and press articles.

‘I raised a contract-related dispute as an issue and they called the contractor directly and recorded an interview about their trading practices.’

Maybe this one is closer to the original style.

It was a natural explanation if you had been giving disappointing grades because you did not fit well with the test-taking mindset.

As each day passed the speed at which I completed my assignments gradually increased.

By the time we entered the 6th day I was able to finish everything before the return train stopped running.

“It’s a huge improvement. Congratulations.”

“Ahh finally…!”

When I was given permission to go back I fell down on my desk as if I was being kicked out.

‘It was hard though.’

I left it alone thinking that it would go away when it regained its energy but even after a while there was no sign of it getting up.

I thought he might have fallen asleep so I went to wake him up but then I heard a shaky voice come out from his face.

“Can I do well?”

“What are you talking about coming out of nowhere now?”

“Actually me. “I’m scared of broadcasting.”

“…yes?”

Chae Song-ha confessed his true feelings that he had never told anyone.

“I was happy doing idol activities. There were some difficult parts but it was very rewarding. “Like the Vice President said I think being an idol is the job that suits me best.”

“Then why?”

Didn’t you go back? I swallowed it without saying a word.

“I got scared.”

Chae Song-ha smiled bitterly.

“It was so much fun and every day was filled with happiness but I believed I would be able to work with the members forever… but it all disappeared in an instant.”

What Chae Song-ha has accumulated as the leader of Black Rose. She lost it all.

Amid the complex legal dispute many things left Chae Song-ha’s side.

“So did the fans. “There were people who believed in us and supported us but there were also people who turned their backs on us coldly.”

Chaesongha became afraid.

It’s scary to stand in front of a camera for things that can disappear and change so quickly.

Even if you work hard to achieve something again you never know when you might lose it again.

“Is that why you wanted to become a lawyer?”

“that’s right. “I didn’t want anyone to experience these feelings.”

Because my experience was so difficult I want to become an expert who helps prevent others from going through the same thing.

The will was clearly sincere.

It’s just that the feeling of ‘I’m afraid of returning to the entertainment industry’ was sitting behind it all.

‘indeed.’

On the outside Chae Song-ha seemed more perfect as a celebrity than anyone else. But I was hiding these concerns in my heart.

“Then why did you decide to participate in ‘High Flyer’? “I can come up with many other ways to appeal to the vice president.”

“I thought it was a challenge. “Because we can’t just run away forever.”

Appearing in ‘High Flyer’ was a big challenge for Chae Song-ha.

A task that proves one’s intention to study the law and at the same time confronts a thorn that has been lodged in one’s heart for a long time.

“sorry. “What did you say when I asked for help…”

He seemed to suddenly come to his senses got up and apologized to me.

The piles of crumpled papers crushed in her arms looked a little different.

‘I thought it was admirable that you worked so hard.’

An amount of research and assignment training that an average person would have given up on immediately.

The fact that Chae Song-ha was able to carry out this without saying a word may have been a process of pushing herself until she was free from distracting thoughts.

I looked at the papers for a while and then blurted out.

“I don’t know Chae Song-ha very well.”

I really don’t know. All I know about her is the information revealed in the original work.

I don’t know much about the human Chae Song-ha.

“So I can’t say for sure whether Chae Song-ha will do well ‘in the future.’”

“I guess so.”

“Instead I can tell you one thing.”

“which.”

I took out the assignments Chae Song-ha had submitted and piled them on the desk. A tower of paper that could easily be the thickness of several books.

“At least for now I’m doing well. I kept saying it. “I heard you have talent?”

No one can tell the future with certainty anyway.

Even I the possessed person cannot perfectly predict everything as I am intervening here and there to change the flow of the story.

But I can evaluate what I see.

Chaesongha worked hard. This enormous pile of documents proves this. Not only have you worked hard but the results are quite good.

“Isn’t that enough?”

Chae Song-ha heard my words and looked up at me blankly.

“ah….”

He purred his lips as if he was trying to say something but in the end it didn’t come out as words.

Instead she turned her head hid her expression and hurriedly gathered her luggage and ran out toward the door.

“Good idea. “If you don’t leave soon traffic will be cut off.”

Chae Song-ha arrived at the door and turned towards me.

“….”

Then he nodded and bowed his head deeply.

“Please go in carefully.”

Chaesongha left without saying hello to me.

The sound of footsteps running down the hallway seemed to have gotten a little lighter.