I Became a Law School Genius – 59



I Became a Genius Law School Student Episode 59

“The prosecution has used this logic before.”

Gu Minhwan’s heavy voice continued.

“Although Kim Gap-dong’s actions appear to be aiding and abetting they should not be treated as simple aiding and abetting. “This is because he has a special obligation arising from his status as A’s son and the crime of murder by omission is established for death resulting from neglect of this.”

“It was like that.”

“Then… the same logic should be applied to Lee Eul-nam.”

Gu Minhwan declared quietly.

“Hospital C signed a medical contract with Kim Gap-dong regarding the life of A. As the other party as a medical institution Hospital C has a legitimate obligation to treat and preserve A’s life.”

In a way it was an entirely natural point.

What other truth is clearer than that doctors have a duty to care for their patients?

“In a group with such a ‘duty’ isn’t discontinuing life-sustaining treatment and discharging A from the hospital an omission of duty?”

The rumbling becomes louder.

“What do you mean?”

“It means the charges are wrong.”

Gu Minhwan responded.

“The crime that should be applied to Lee Eul-nam is not ‘aiding and abetting murder’ but like Kim Gap-dong it is ‘murder by omission.’”

‘also…!’

Now Gu Minhwan was completely using the logic I had once laid out.

If the son causing his father’s death was a neglect of duty then the medical staff causing the patient’s death was also a neglect of duty which was also murder by omission.

From the beginning Koo Min-hwan was reading every argument I was going to make.

And the intention was to use exactly the same logic to modify the conclusion so that I could not reject it.

Because denying your own logic is self-contradiction.

The moment I heard Hanseol’s words I realized.

Gu Min-hwan’s strategy was ultimately this.

‘Come to think of it Shin Seo-jun was like that too.’

– Senior Minhwan enjoys overwhelming and complete victories.

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– Do you get that feeling of defeating an opponent with their weapon?

With that in mind when I looked back at the writing I had written a point that Koo Min-hwan could approach stood out.

That was the argument for a crime of omission.

“It’s strange.”

But I pretended not to know and asked back.

“Didn’t the defendant clearly claim innocence? “Only then will he become the principal criminal of murder and the sentence will only become heavier.”

“That’s clumsy.”

For a moment Goo Min-hwan showed a look of disappointment.

“Did you really beat that guy?”

“It’s in the courtroom. “Let’s stop talking about Saddam and start with the conclusion.”

When I didn’t shake he tsk and clicked his tongue.

“…The crime that should be applied to Lee Eul-nam is murder by omission. However this only confirms the crime that needs to be reviewed and we must now consider whether it is actually a murder crime.”

“What do you want to say?”

“Tell me the answer first.”

Gu Minhwan blurted out.

“Defendant Lee Eul-nam does not have a contractual obligation to comply with the law to the extent that a murder by omission can be established. Therefore he is not guilty.”

“…What kind of pun is that?”

Next to me Han Seol suddenly stood up.

“Didn’t the defendant’s lawyer just say that since there is a ‘doctor’s duty’ it should be considered a murder by omission?”

“I did.”

Gu Minhwan waved his index finger.

“But that’s a generality. “The general theory is that if the medical staff in charge of treating a patient causes the patient to die due to cessation of treatment the charge of murder by omission should be considered.”

“So?”

“In reality whether each individual member of the medical staff is guilty of murder must be reexamined one by one based on their status role and relationship with the medical contract concluded with the patient or guardian.”

Gu Min-hwan cleared his throat once and named a precedent.

“91Do2951 ruling.”

It was a famous precedent that anyone who has studied criminal law would know.

“If the omission has the same criminal value as the infringement of legal interests by the act it can be punished as a crime of omission.”

Although the term equal criminal legal value sounds ambiguous the way it is actually judged is simple.

It simply means that if the ‘obligation’ owed by the person who committed the omission is sufficiently heavy and important he or she will be recognized as a criminal of omission.

For example let’s say someone spots a drowning person and pretends not to notice and passes by.

However we cannot immediately charge him with murder for his ‘omission’ of not saving someone’s life.

But what if the lifeguard did that? What about the 119 crew who responded after receiving the report?

This means that it is truly a bad thing for those who have a huge duty to save human lives and maintain social trust to abandon this duty.

So much so that it is evaluated the same as directly committing murder.

In the end the fate of the offender of omission is judged based on the weight of the duty and its depth and relevance to the case.

Then the issue becomes simple.

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How heavy and important was the duty that defendant Lee Eul-nam owed to A?

“Defendant Lee Eul-nam was a ‘doctor on duty’ working at the hospital at the time of the incident. “I was just staying there to prepare for an emergency or to manage the admission and discharge of hospitalized patients.”

“That means….”

“He was not A’s dedicated doctor and at least he was not a party or person in charge of the medical contract signed with Kim Gap-dong. “As an on-call doctor you have a duty to do your job faithfully but it is too much to ask for such a heavy duty as to take full responsibility for A’s life.”

“It’s sophistry!”

Han Seol shouted in indignation.

“If you are a doctor on duty is there no obligation to take responsibility for the patient’s life? In that case you shouldn’t even have the authority to decide on a patient’s discharge! “At the point when we were able to decide to discharge a patient who was almost certain to die in the first place we should see that we had a corresponding responsibility…!”

“Is there any basis?”

“…yes?”

“It is a valid argument. But just making a claim is meaningless. “I’m asking if there is any precedent that can support that.”

“No that’s….”

Only then did Hanseol seem to realize what Gu Minhwan was aiming for.

“In a criminal trial the entire burden of proving guilt falls on the prosecutor. If there is no ‘solid’ basis for imposing a duty on the duty doctor to the extent of admitting murder by omission the defendant Lee Eul-nam should be acquitted.”

In the end Koo Min-hwan rushed in to fight over precedent.

It was also a mud-like fight over the recognition of small facts not precedents on big empirically significant legal principles.

Normally when it comes to a battle to bring precedent Hanseol has an overwhelming advantage.

Because there was nothing she didn’t know about among the precedents that fell into the category of the exam.

But the problem was not that there was no precedent to support.

“What should I do?”

Hanseol looked back at me with a puzzled expression.

“The precedent regarding duty of action is a problem with no right answer….”

‘okay. Rather there are too many of them.’

When it came to determining whether a medical professional committed an act of omission precedents tended to fluctuate quite a bit.

There are precedents in which nurses who were simply working in hospitals were deemed guilty of negligence by acknowledging their duties while there are also cases in which doctors who participated in the treatment process were denied the establishment of negligence.

In this way it is impossible to prove the claim by citing precedents.

Even if you raise an appropriate precedent and say ‘Look in light of this the duty of action is recognized as sufficient for the doctor on duty’ the other side will also say ‘No they say it is not recognized in this precedent?’ Because it is obvious that he will counter.

It was said that it was an issue on which the judges had no unified opinion.

Therefore even when submitting a case for omission on a test the test committee members used to select only a small number of very typical cases where precedents were unified without any controversies.

Examples I often hear include police officers or bar owners responding to customers who come to their store.

In the case of medical professionals because the precedents come and go it is rare for cases of omission to be raised as an issue.

‘That person dragged me into this situation by forcefully committing an act of omission but this is what happened.’

“hmm.”

Gu Minhwan didn’t even blink even when I glared at him.

On the contrary he just turned his inorganic gaze in this direction as if telling me to quickly establish a basis.

“It’s a mess.”

“This is a problem that cannot be resolved through precedent… It will just be a battle of insistence.”

“Then wouldn’t Minhwan have an advantage? I am a person who touches and interprets all kinds of incidents and factual records. In the end the breadth of experience cannot be matched.”

The prevailing opinion among the voices in the audience was that this was a fight that would be advantageous to Koo Min-hwan.

If it is a problem without an answer it is difficult to surpass the experience of a practitioner.

In particular police officers are after all public servants and they were a group of people who were well-versed in using precedents and manuals to suit their own tastes in order to avoid being caught in any way.

Koo Min-hwan himself was confident in the mud-like battle of superiority so he must have been guided in this direction.

In a situation where everyone is predicting Goo Min-hwan’s advantage.

“…under.”

I burst out laughing.

“ha ha ha.”

“Why are you smiling? Have you even given up?”

“It can’t be. “It’s just because it’s funny.”

I asked Minhwan Koo a question.

“Senior. “Is this the reason and basis for your claim of innocence?”

“Yes.”

“then….”

I asserted.

“This is a defeat for my senior in this match.”

“…What?”

The moment I spoke of his defeat in Goo Min-hwan’s motionless eyes Lee Chae looked young for the first time.

“The senior is definitely amazing. He used my logic against me forced me into a problem that had no answer and created a stage where I could use my experience and capabilities to solve the problem. “I can’t help but be impressed by the meticulous design and numbers.”

but.

“To be honest as a law student this is a total failure.”

“…What do you want to say?”

“Let me ask you. Dear senior what is law?”

Goo Min-hwan looked dumbfounded for a moment at the question without context but only for a moment.

“You say all sorts of nonsense because you don’t want to lose.”

Before he knew it he had returned to his usual inorganic face.

“But… there’s nothing you can’t get along with. good night. I’ll tell you. To me what law means.”

Then he blurted out.

“It’s just a game board where you have to win.”

Nothing more or less than that.

‘I guess so.’

There is only one reason why Koo Min-hwan came to law school.

Revealing one’s brain and logic showing off the experience and capabilities accumulated as a police officer and defeating so-called bright talents.

I entered here solely for that purpose.

To him law was not an academic subject to be learned and studied.

It was just a tool to defeat the enemy.

Therefore in order to immediately get a higher score and step up to the opponent in front of us we have chosen and adopted only the most ‘efficient’ methods.

– Minhwan senior is actually not very interested in law itself.

The method seemed similar to my study method at first glance but was essentially completely different.

I love law more than anyone else.

If possible he is a person who wants to completely digest all the profound legal principles contained in the foundation of the Six Laws and make them his own.

But realistically I don’t have the time or genius to do so so I just started from the most practical issues.

Now that I have some free time I am thoroughly reorganizing my internal system by taking into account general legal theories and even minority opinions in precedents that connect issues.

That’s the difference.

It made me see what Gu Minhwan couldn’t see.

“Is there anything else you want to say? “Stop wasting time.”

“Of course.”

I looked at him for a moment.

Standing there was a man who had treated law which had been my lifelong dream as nothing more than entertainment to fill his meager self-esteem.

“The defendant’s argument now.”

It was time to make him pay for his arrogance.

“There is one very serious error.”