I Became a Law School Genius – 19



I Became a Genius Law School Student Episode 20

“…Why me?

“Didn’t you hear? It’s not a problem that should be left to ordinary students. Then we should ask the ‘unusual’ student.”

Seongcheol Choi shrugged his shoulders proudly.

“I remember Park Yu-seung from my undergraduate days. I can’t forget it. From the first class he got extremely drunk and started sleeping in the back row of the classroom throwing away my car. “There was no such thing as a crazy person.”

“….”

“Is it not enough for you to have been accepted to Korea University’s law school? You also achieved the achievement of coming in 5th place beating out other excellent students who passed the exam?”

It doesn’t make sense in common sense. Seongcheol Choi added.

“For it to make sense you have to be a genius who can destroy that common sense. Of course I think it can be done. “So you are the maternal nephew of Director Kang who has even been called the pillar of Korean jurisprudence?”

Choi Seong-cheol pointedly mentioned the blood relationship between me and Kang Chang-soo.

With the assertion that my grades were ridiculous.

“Let’s take a look at the genius’s skills.”

The intention was of course as obvious as fire.

‘…this human.’

It was clear that Choi Seong-cheol was planning to embarrass me by forcing me into an issue that could never be solved at the student level and which Shin Seo-jun the senior had made public.

Then it must have been a ploy to raise an issue about my grades and use that as material to sway Director Kang Chang-soo.

“Did you just hear that?”

“Park Yu-seung is the director’s nephew? Then perhaps…”

In fact suspicions planted by Choi Seong-cheol were already blooming amidst the students’ murmuring.

Of course he was wrong for a long time.

Instead of helping me Kang Chang-soo was only seen as a thorn in my eyes and the score was won legitimately by me who possessed him and not the real Park Yoo-seung and twisted my whole body.

And above all.

“great.”

To me this case was not a problem that could not be solved.

“Let’s do something.”

“Uh huh…?”

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As I headed to the receiver without the slightest hesitation confusion flashed across Choi Seong-cheol’s face.

“iced coffee. Oh Ki-tae. Can you hear me?”

– Oh yes.

“First of all I have summarized and reviewed what you have said so far.”

– yes.

“It seems difficult to legally attack the nursing home based on this alone.”

-That can’t be possible….

“There are two main areas in this case that can be argued civilly.”

one. Regarding Oh Ki-tae’s father’s accident the nursing home violated its ‘duty of care’ to care for him and maintain his health.

two. Claiming damages for medical negligence in that the orthopedic department at the nursing home misdiagnosed my father’s injury which led to serious injury.

‘The basis for both is Article 750 of the Civil Code but there is no need to explain that.’

You are not writing answers on a test paper.

What needed to be done now was to provide an ordinary person who did not know this much about the law with an explanation and course of action that he could understand.

It was enough to write down the legal principles properly in a written opinion later.

“Both are difficult. First of all because nursing homes are not real hospitals or medical institutions they are not required to have the same high level of obligations as them. “As long as safety equipment and the number of caregivers are properly equipped in accordance with relevant laws negligence is rarely acknowledged.”

-Then what about medical negligence?

“That is also difficult. “You can claim misdiagnosis because there were some differences from the university hospital diagnosis but not all misdiagnoses are negligent.”

Examples are also provided for easy understanding.

“Have you ever seen an article like this before? There was an incident in which a patient was transferred to another location after the doctor diagnosed him incorrectly after looking at an X-ray image received the wrong treatment and died from complications six months later. “It seems to anyone that the doctor was at fault but the Supreme Court denied medical negligence in this case as well.”

– That’s ridiculous.

“…How does he know such precedents?”

Someone blurted out.

How do you know?

Because he’s possessed!

This was an incident that happened in 1986.

Of course even when I was studying for the bar exam it was a precedent that I looked at at least once in the ‘proof of liability for special torts’ section.

Because it is an old precedent it is often missing from books these days but when this episode was serialized in the original I searched my memory and looked for this precedent.

I even posted a link in the comment and got the best comment. I even shrugged my shoulders at the admiring comments that said ‘This guy seems to know the law well.’

This precedent was actually mentioned in the next series so it was impossible to forget it.

“Of course you will have to make a claim so please find and keep the X-ray images medical certificate and doctor’s note from the time. “It’s the same as the diagnosis I received at the university hospital.”

But the likelihood of it working is low.

Doctors are a sacred profession that deals with life and as such they carry a huge burden.

Therefore the court tended to take a very cautious attitude in determining whether the judgment was right or wrong.

‘Unless it is a case of misdiagnosing a problem that is so clear that any doctor can correctly diagnose 100 people… it is difficult to be recognized for medical negligence.’

In any case it was not easy to hold them civilly liable.

-Then is criminal punishment possible?

“Unfortunately it’s more difficult.”

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In criminal trials there is a general rule called ‘when in doubt in dubio pro reo’.

Ultimately criminal proceedings are a process in which the state steps in to brand a citizen as a criminal and forcibly imposes certain disadvantages on him or her.

In a modern liberal democratic country this should be done with the utmost care and no one should be made an unjust criminal.

Therefore all legal principles of criminal law are basically interpreted and applied in favor of the defendant.

Therefore it is much more difficult to have the defendant’s ‘fault’ recognized in a criminal trial than in a civil trial for the same case.

– That doesn’t make sense. My father has become like this and I can’t do anything!

The client Oh Ki-tae was outraged but the judicial order is like that so what can I do?

The students who were listening together also seemed to agree.

“The precedent says so so what can I do?”

“Tort liability itself is a familiar legal provision… but standards and proof of negligence are very difficult.”

“Still it was well organized by combining familiar legal principles and unfamiliar precedents. “I had no idea but it’s amazing that they came to the conclusion that it couldn’t be done.”

Additionally his suspicions about me seemed to have subsided a little.

We cannot rule out the possibility that test questions or presentation assignments may be leaked in advance but how can we know the contents of counseling calls that come in on the same day?

But this is not enough.

Since there was a lump called Choi Seong-cheol there was a need to make sure that unnecessary noise was not made again.

– But what you said you wanted to check is…

It was time to strike the final blow.

“One thing. There is something unnatural about it.

– yes? What are you talking about?

“Why did Oh Ki-tae’s father suddenly get into an accident in the first place?”

– …yes?

“Looking at what you said your father recently had surgery but it wasn’t difficult for him to move around on his own as long as he had a walker. “It is difficult to think that a fall accident will occur immediately because there is no guardian present.”

– Could it be that it was dark at night or that the floor was slippery or something? aha. Then why claim that as a lack of safety on the part of the nursing home…

“No that won’t be it.”

I cut off Oh Ki-tae’s words and took out my laptop from my bag.

Search your web browser for the name of the nursing home the client mentioned.

Soon the homepage of the nursing home in question filled the screen.

“This is what is advertised in the introduction to this nursing home’s website. ‘This hospital strictly complies with the facility standards and staffing standards for senior medical welfare facilities under the Enforcement Rules of the Senior Welfare Act.’”

This time search for ‘facility standards and staffing standards for senior medical welfare facilities’.

A considerable number of tables were spread out but this was all that was needed right now.

Install a night light in the hallway.

Install ramps on stairs.

The floor should be made of soft non-slippery material.

There must be at least one care worker for every 2.3 residents.

“If you look at the facility photos and employee employment status posted on the website it appears that these standards are actually being followed well. “It doesn’t make sense to say it was because it was dark because there are night lights and it’s not clear from photos alone whether the floor was slippery but it’s also ridiculous to assume that they used the wrong material for the floor while complying with all other regulations.”

– Then why did your father?

“If there is a problem it is most likely with the walker itself that is said to have slipped. Think about it carefully. “Was there anything special about what your father said recently about living in a nursing home?”

Then he quietly added:

“For example you had a fight with someone or there was a conflict…”

– Ah ah!

Oh Ki-tae screamed as if he had been struck by lightning.

– Come to think of it there it was! About 2-3 days before the accident they said there was a rude person among the caregivers and they were fighting over everything…

“This is important testimony. Let’s ask your father for his name and contact him to hear his story. In addition please ask the nursing home to check the condition of the walker and view the CCTV footage of the accident.”

-I requested the CCTV once but the nursing home said they could not show it due to internal regulations.

“That’s illegal. According to Article 35 of the Personal Information Protection Act CCTV installers cannot refuse requests to view their recorded videos. Request again record the call and submit it to the police station if they refuse again.”

-…thank you! thank you! I think I can see the way!

The client’s voice who had found a new way forward became brighter.

He thanked me several times saying he hadn’t even thought about it and then hung up saying he would immediately ask his father to see the care worker.

‘Actually he is the culprit.’

In the original the situation took a turn when in the midst of a fierce legal battle the care worker unable to overcome his guilt informed the client of the truth.

After fighting with Oh Ki-tae’s father every day he developed a grudge against him.

So I deliberately replaced the wheels on the walker with broken ones.

He said he thought he would at best fall and hit his butt so he planned to laugh at it but he was so injured that he needed major surgery so he didn’t know what to do.

From the beginning I knew the whole story of this incident.

The reason I picked it up because of the possibility and facility standards was just to persuade the client.

If the nursing home caregiver is found and a confession is obtained the issue in this case will not be ‘proving the nursing home’s negligence’ which is extremely difficult.

There is also a way to claim compensation directly from the caregiver himself or to extort money from the employer the nursing home through the employer liability clause in Article 756 of the Civil Code.

It is not a difficult fight since we have solid evidence in the form of the guardian’s confession.

Since he is impulsive and has a shallow mentality to the point where he confesses out of guilt a little pressure will be enough to get him to testify.

‘In the original story the guy spoke too late the CCTV footage disappeared and the walker was thrown away so it was difficult to find evidence.’

But this time it will be different.

Because I advised you to quickly secure evidence.

‘I knew about CCTV and the Personal Information Protection Act because a company security guard taught me about it in my past life.’

in short.

One thing is said to be resolved.

“Okay then.”

I finally took my eyes off the note and raised my head.

“Do you have anything to say?”

Then I made eye contact with Choi Seong-cheol who was looking at me with an expression as if he had been punched.

“Uh uh…”

Choi Seong-cheol who had been stuttering incoherently for a long time finally managed to spit out a single word.

“Wow that’s great….

It was a declaration of complete defeat.