I Became a Law School Genius – 136



I Became a Genius Law School Student Episode 136

“Are you saying you will take on the case?”

“Literally.”

Professor Jang Yong-hwan picked up the teacup that was lying on his desk took a sip and continued speaking.

“Before I became a professor I worked as a prosecutor for a long time. As a result… I often get inquiries from people around me.”

Classmates from middle and high school relatives and even the owner of the coffee shop I frequent.

Literally all kinds of people contacted him whenever they had a legal problem.

“But I am a full-time professor. “I can’t take on the case myself.”

Adjunct professors work concurrently with their jobs and their positions as law school professors. Since they are registered to practice as lawyers they can directly take on and handle cases.

On the other hand this is not the case for full-time professors. All rights available as a member of the law school.

For example although they enjoy full voting rights at faculty meetings and guaranteed retirement age they have long since stopped engaging in any actual work.

“So I decided to use a little trick.”

The method that Professor Yong-Hwan Jang came up with was simple.

“We are using the legal clinic.”

Allocate inquiries that come to you to the Legal Clinic and conduct all consultations and data research at the Legal Clinic.

Afterwards Professor Yong-Hwan Jang directly inspects the results and returns them to the client.

“It seemed like the Vice Director was getting tired of the Legal Clinic activities so I took over. “Starting this semester the Legal Clinic is under my jurisdiction.”

‘Yeah it looks like it.’

As of now Vice Director Choi Seong-cheol did not seem to have much interest in the Legal Clinic. It was almost like I was forced to do it because there was no one else to do it.

When Professor Yong-Hwan Jang suggested that he would do it he probably was pleased and gave it to him.

“however.”

I pondered Professor Yong-Hwan Jang’s explanation and raised a question.

“At first glance it doesn’t seem much different from regular legal clinic activities.”

After writing the consultation report inspection and feedback from the professor in charge.

Isn’t it just the regular legal clinic?

It was not something worth calling out and explaining separately. There is no reason it has to be me.

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“no.”

Professor Yonghwan Jang shook his head.

“Cases entrusted in this way… field activities will be permitted.”

“yes?”

“The current Legal Clinic is in principle not allowed to have direct contact with clients. “The only assignments are consultation and writing.”

This is the so-called paper-work area.

Combining the information brought by the client with legal knowledge we draw an acceptable conclusion and write a report. The entire series of processes is completed at a desk using only paper and pen.

But isn’t a lawyer’s job limited to just working at the desk? Of course it is true that paper work accounts for the largest proportion.

However in the end you must know how to visit the site collect data and find conclusive evidence that penetrates the opaque facts.

Unfortunately that kind of education is not provided in law school.

‘At least I got a taste of it during the legal argument contest…’

VR simulation used in legal argument competitions. It was a device that allowed users to experience the process of directly investigating the scene and collecting evidence to dispute the facts.

But even that wasn’t perfect.

This is because the focus is on the ability to figure out what evidence to look for and the process of actually collecting evidence has been replaced with a game-like system.

‘If you say you want to see a client’s car a car will appear out of thin air.’

Therefore it was true that I was thirsty for a more realistic and realistic experience.

“I allow it under my authority. So that you can investigate cases to your heart’s content and engage in outside activities. “I can’t entrust such a task to students who lack capabilities but aren’t you different?”

An opportunity to experience a real event.

Ultimately Professor Yong-Hwan Jang would be responsible for the inspection so there was no major burden.

‘…I want to!’

That desire suddenly raised its head but it wasn’t something I should have just nodded. I pretended to be calm and put forward a condition.

“There is one condition.”

“Something.”

“If I take on a case that the professor entrusts me with it will probably be difficult to participate in regular legal clinic activities.

“I guess so. “I will have to investigate various matters myself.”

“The time required for each case will also be much longer than for typical activities. “If you do that you may be at a slight disadvantage in your activity performance score so I think correction in this area is necessary.”

“Why are you so worried?”

Professor Yong-Hwan Jang responded immediately.

“If you handle the things given properly your Legal Clinic score will definitely be perfect. “I guarantee it.”

“I will.”

Negotiation was concluded.

* * *

The client in the first case was a young man with a rather scary appearance.

From the tight-fitting leather jacket to the metal accessories and bright yellow-dyed hair he looks like a straight copy of a gangster from an old movie.

I wondered how on earth he knew Professor Jang Yong-hwan but he said his father was his classmate in high school.

“Oh my teacher! “You came!”

As soon as the young man saw me he immediately grabbed my hand and repeatedly lowered his head.

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“Professor Jang sent you right? I got the explanation! “Come inside!”

Then he busily led me into the living room and served me freshly baked cookies along with warm cocoa.

“I made it myself! “I would appreciate it if you could listen to the story while eating!”

‘You made it yourself?’

He was a person with more domestic hobbies than he seemed.

“My name is Kang Do-yoon. “I’m not that famous but I’m a singer-songwriter.”

The young man sitting across from me handed me a music album. The title said ‘You who are sweet as clouds.’

‘…It doesn’t match the visual at all.’

Kang Do-yoon scratched the back of his head as he watched in awe.

“Haha I look a little harsh don’t I?”

To be honest it wasn’t at a level that could be described as a bit harsh but I didn’t necessarily say it out loud.

“That’s why I’m often misunderstood. In fact it was like that that day too.”

Kang Do-yoon closed his eyes for a moment as if he was remembering and then began to explain.

On the day in question Kang Do-yoon was on his way home after working on sound in his studio until late at night. But suddenly some police officers appeared and stopped him blocking his path.

-Why are you like this?

They repeatedly looked at Kang Do-yoon’s face and the paper in his hand then suddenly pounced on him and handcuffed him.

– Emergency arrest on charges of robbery and injury!

– It’s a robbery! What am I doing!

– Drag him away quickly! He’s a very dangerous guy!

Kang Do-yoon who was momentarily frightened and lost his temper pushed the detectives away and attempted to run away.

In the process two detectives fell and were injured and Kang Do-yoon was caught again soon after.

“After that I was taken straight to the police station. “The whole time I was going the detectives kept glaring at me with grim expressions on their faces without saying a single word so I was so scared… so bad.”

It was after a full day that Kang Do-yoon was released.

“They said the real culprit was caught. “I think there was a misconception because the victim’s facial expression and the montage he created were the same as mine.”

It was so unfair and scary but Kang Do-yoon decided to pretend it never happened. Anyway didn’t you come back safely? I was planning to forget about it thinking I had done something wrong.

“But… something like this flew by.”

He handed me a document.

[Notice of investigation results (suspect transfer etc.)]

[Crime: Obstruction of official duties]

“…Obstruction of official duties?”

“You know the detective I knocked down when I first got caught. “He suffered an injury that broke his ankle.”

‘You physically interfered with the arrest so you’re saying it’s obstruction of justice.’

Article 136 (Obstruction of Official Duties) ① Any person who assaults or threatens a public official performing his/her duties shall be punished by imprisonment for not more than five years or by a fine not exceeding 10 million won. <Amended 1995.12.29>

Obstruction of official duties is a crime committed by a person who interferes with the performance of a public official’s duties.

A representative example is when a suspect being arrested resists the police by using physical force.

He is one of the major contributors(?) to making the sentence more severe in addition to the crime he originally committed.

In addition if you swear at the police while protesting you will be charged with insults and your guilt will be tripled. This is a very common case when studying precedents.

‘In fact Mr. Kang Do-yoon was not a criminal and he did not particularly swear but…’

The problem is that while resisting arrest he injured the detective by turning his ankle.

In light of precedent the use of that level of physical force could easily qualify as ‘assault’ which is a constitutive element of the crime of obstruction of official duties.

“What should I do? “Are we going to be tried like this?”

“Just calm down first.”

I waved my hand and reassured Kang Do-yoon.

“The decision to transfer only means that the police have handed over the case to the prosecution. “If the prosecution doesn’t indict it won’t go to trial.”

“Then what if I’m indicted?”

“We have to try to make sure that doesn’t happen.”

I looked back at Kang Do-yoon’s statement carefully.

“Well it’s ambiguous.”

Since Kang Do-yoon tripped the detectives and caused injuries during the arrest process it is difficult to deny ‘assault’ which is a component of the crime of obstruction of official duties.

In that case the part that needs to be raised is the ‘public official performing his/her duties’.

“According to precedent… the execution of duties for obstruction of official duties only refers to the legitimate execution of duties.”

In an unjustified case that is if you defend yourself by assault against an illegal execution of duties the crime of obstruction of official duties does not constitute a crime. This is a restriction to prevent misuse of public power.

“Oh then! “I was arrested by mistake so I’m not guilty of obstruction of justice right?”

“You can’t be so sure.”

Of course it is true that Kang Do-yoon was not the real culprit and that the arrest in this case was an arrest of mistaken identity.

However that alone did not mean that the arrest was illegal.

“The legality of an arrest is judged based on the circumstances at the time of arrest. Even if it is later revealed that the person was not the culprit if there was sufficient evidence at the time to believe that the person was guilty the arrest is legal.”

If it is later said that the arrest was illegal because the suspect was not the criminal the investigative agency has no choice but to be passive in securing the identity of the suspect.

This will further hinder the realization of judicial justice.

“So unless the investigative agency’s judgment is ‘significantly’ unreasonable we do not consider the arrest to be illegal.”

“That kind of….”

“In this case there was a situation where Kang Do-yoon’s appearance was similar to the criminal’s montage and the victim’s statement. “I think it would be difficult to frame it as an illegal arrest.”

“Then there is no way?”

‘well.’

I looked back at Kang Do-yoon’s statement carefully. There was one part that bothered me. After thinking for a while about what it was I was able to realize the identity of the discomfort.

‘Is this…’

“Mr. Kang Do-yoon.”

“yes yes!”

“Could you explain in more detail what happened after your arrest?”

I added looking directly at Kang Do-yoon.

“Very detailed.”