Chapter 15

## Chapter 15 — The Only Correct Answer (1)

At the moment Isu approached to present his answer...

Kim Jiseok's thoughts were complicated too.

...I hope my suspicions were wrong.

He wasn't comfortable with the possibility that a subordinate he trusted had committed wrongdoing.

However...

"I, Lee Isu, son of the Ibang! I have come to present my answer!"

Dun!

Oh.

When Kim Jiseok saw Isu's shining eyes, he couldn't help smiling.

Those eyes were firm and decisive.

They were not the eyes of someone who lacked confidence.

...Perhaps I worried for nothing.

Now that Isu had a clear goal before him, his eyes shone.

Kim Jiseok decided to focus on his own duty.

"You believe Kim Dorim should be considered a slave?"

"Yes!"

In Kim Jiseok's opinion, Isu's conclusion was correct.

"Correct."

"...Thank you!"

Isu's confident posture overflowed with certainty.

"Then explain the reasoning behind your judgment."

"...Yes!"

And so Lee Isu began his answer.

***

...Okay. Done.

Using the statutes that had exploded into my mind, I organized my own answer.

Then I watched Isu explain his conclusion to Kim Jiseok.

And Isu...

Oh.

He's actually pretty good.

He was doing better than I expected.

"The first matter that must be established is that there is little room to deny Kim Dorim's status as a slave."

The first step when solving a case problem was identifying the issues.

There were two issues here.

The first was simple.

[How should Kim Dorim's legal status be determined?]

And Isu reached his answer using the Gyeongguk Daejeon.

[The child of a slave shall be treated as a slave. When it is discovered that someone is the descendant of a runaway slave, that person shall also be treated as a slave.]

"The Gyeongguk Daejeon states that the child of a runaway slave shall also be treated as a slave. Therefore, Kim Dorim is unquestionably a slave."

"Correct."

I nodded while listening.

There is a clear statutory provision.

No matter how great Kim Dorim became or what kind of famous statesman he was, legally he must be regarded as a slave.

Lee Isu continued calmly.

"Therefore..."

[Han Jaesuk: Kim Dorim accumulated great merit and has already retired in old age. He has earned a reputation as a virtuous statesman. Such punishment would be excessively harsh, so it would be better to quietly ignore the matter.]

"Han Jaesuk's argument that the matter should simply be ignored because Kim Dorim was a distinguished statesman is improper."

Mm-hm.

He's doing well.

That was also correct.

Han Jaesuk's position might be morally sympathetic.

But it directly contradicted the law.

There was no reason to consider it further.

So the proper structure is to reject Han Jaesuk's argument and examine Lee Monggyu's.

Kim Jiseok seemed to agree.

"Correct."

Once the first issue was resolved, the second issue followed.

[Lee Monggyu: Since Kim Dorim's grandfather was a slave, Kim Dorim should be treated as someone who was never eligible to take the state examination. His offices and wealth would also have been impossible to accumulate had his status been known. Therefore, all his wealth and offices should be confiscated, and he should be treated as a slave.]

Lee Monggyu's argument could be summarized simply.

[How should Kim Dorim's success in the state examination and the wealth he accumulated afterward be treated?]

This was the difficult issue.

If you misunderstood it, you'd reach the wrong conclusion entirely.

So I watched Isu closely.

"...Lee Monggyu's argument is correct."

"...Hmm."

"Just as he says, Kim Dorim's entire fortune and official status should be confiscated, and he should be reduced to slave status."

Ah... that's unfortunate.

He's going to lose some points there.

Unfortunately, Lee Isu gave the wrong answer.

I was disappointed for him.

But Kim Jiseok's reaction was strange.

"...Why do you think so?"

"Because principles are important."

"Explain in detail."

...What?

Judging from the light in Kim Jiseok's eyes, he seemed to like Isu's answer.

But that's wrong.

Lee Isu steadied his breathing and continued forcefully.

"Taking into account the circumstances of a famous statesman is important. However, it cannot be more important than protecting the stability of Joseon. If Kim Dorim's wealth is not confiscated and he is not treated as a slave, serious problems will arise."

Kim Jiseok smiled for the first time.

Watching them, I was dumbfounded.

...What are these two doing?

I'd been considering whether I should simply preserve everyone's dignity and let Lee Isu take the yulli position.

But...

"Explain what problems would arise."

"If his property is not confiscated, slaves will have no reason not to hide their status. If a person can pretend to be a yangban and still keep all his wealth after being discovered, who wouldn't conceal their identity? The state itself would be encouraging escape."

"Exactly!"

...But you still have to get the answer right!

Watching the two happily agree on an incorrect conclusion was making my body itch with frustration.

That's not it!

That's not how you should think about it!

Dun!

"Therefore! Even though Kim Dorim was a distinguished statesman and did not know that his grandfather was a slave, the stability of Joseon is more important than anything else! The only proper answer is to confiscate Kim Dorim's property and reduce him to slave status!"

"Hahaha..."

Kim Jiseok looked extremely satisfied.

"Indeed, you did not pass the sikri question by chance. You inherited your parents' wisdom. You may rejoice, Isu. Your answer is the same one reached by every candidate who passed the state examination."

"Really? Then... Magistrate, you too?"

Kim Jiseok smiled.

"Yes. I reached the same answer."

"M-Magistrate...!"

...What?

Kim Jiseok's words shocked me.

Every successful candidate on the palace examination gave that answer?

In modern legal terms, Isu's argument was essentially that Kim Dorim's state-examination qualification should be treated as void and the consequences applied retroactively.

I couldn't agree with that.

"That was an excellent answer! Since Lee Isu has performed so well, I find myself looking forward to the answers of the others even more!"

I had considered simply letting it go.

After all, keeping things peaceful could be beneficial.

But...

"...I seriously can't tolerate this."

***

Hajeong couldn't hide his amazement after hearing Lee Isu's answer.

...What an outstanding argument.

At first, he had assumed Isu had passed only because of his father.

But Hajeong wasn't confident that he could produce an answer of that quality.

Hadn't the magistrate himself just said so?

This was merely an examination for a low-ranking local official.

Yet Isu had reached the same answer as men who had passed the national state examination.

Hajeong bowed to the magistrate.

"...My apologies. I am not confident that I can produce a better answer."

He admitted his own lack of ability and conceded.

The magistrate was disappointed but understood.

Lee Isu's answer possessed logic so refined that it was difficult to believe it had come from a jungin.

"I understand. If that is your decision, I will not force you."

"I will take my leave. And... Lee."

Hajeong bowed to Kim Jiseok, then looked toward Isu.

"...Y-Yes!"

"...That was an impressive answer."

Isu felt as though he might fly.

As expected! I'm glad I listened to Scholar Kang!

After struggling desperately to find an answer, he had received tremendous praise from the magistrate he respected most.

Even Hajeong had acknowledged him.

Nothing could have made him happier.

Scholar Kang... thank you!

Because of you, I found my courage! And...

Looking at Kang Doyul slowly approaching from a distance, Isu's competitive spirit ignited.

I look forward to seeing the ability of the scholar whose reputation has spread throughout the county!

Kim Jiseok watched Doyul with equal parts anticipation and concern.

...Isu produced a far better answer than expected.

What answer will you give me?

Meanwhile, Doyul thought as he approached.

Fine.

Even if I concede a hundred times that this is Joseon, maybe I can understand why they'd think that way.

But it still isn't a perfect answer.

He took another step.

Why do you think the question specifically told us that Kim Dorim took the examination without knowing his grandfather had been a slave?

The logic of confiscating everything was simple.

But it created serious problems.

If he knowingly deceived the state, that would be one thing.

But he took the examination without knowing.

Is confiscating the entire fortune of a man who later became a distinguished statesman really the best answer?

Another step.

If the state examination result is treated as void from the beginning, then logically all wealth acquired through that official career could also be clawed back.

He continued forward.

But law...

Then he reached the end of the path.

...isn't supposed to work like that.

Standing there, Doyul trusted the path he had walked his entire life.

"I will present my answer."

"...Speak."

Clumsily defending Kim Dorim merely because his situation is pitiful is wrong.

Blindly enforcing the statute despite knowing it will produce an unjust result is also wrong.

Law was the discipline of drawing out the true meaning of statutes.

It existed to reach the proper judgment.

It taught people how to walk a path no one had walked before.

I will...

Preserve the original purpose of the law.

Maintain its internal and external consistency.

Minimize harm.

And realize legal justice.

There was only one way to accomplish all of that.

...Attack the premise.

[Then from what point in time should Kim Dorim be regarded as a slave?]

Doyul spoke calmly.

"Kim Dorim should not be treated as someone who was a slave."

Kim Jiseok, who had been waiting with great expectations, couldn't hide his disappointment.

"...What? Are you saying Kim Dorim is not a slave? Do you... not even know the laws of Joseon?"

Every high-scoring palace-examination candidate had answered that principles must be upheld.

Yet despite the limited time, Kang Doyul had produced such an absurd response?

And of all people...

Kang Doyul?

Kim Jiseok couldn't hide his regret.

"Have you failed to learn even the most basic statute? The Gyeongguk Daejeon, the law of Joseon, clearly states that Kim Dorim is a slave!"

Unlike Lee Isu, who had unexpectedly produced an excellent answer, Doyul seemed to have ignored the most basic legal principle.

That only deepened Kim Jiseok's disappointment.

"The statute itself establishes that Kim Dorim is a slave. Why would you make such an absurd argument?"

Doyul smiled at him.

"Hm? No. As you said, Magistrate, it is entirely proper to regard Kim Dorim as a slave."

"...Hm?"

"Huh?"

Both Kim Jiseok and Isu stared blankly.

"...What? Scholar, what are you saying? You just said he shouldn't be treated as someone who was a slave...."

What is he talking about?

Ignoring Isu's confusion, Doyul slowly continued.

"It is correct to judge Kim Dorim as a slave."

"...?"

"But that does not mean he was a slave in the past."

Both of them looked even more confused.

"What in the world... are you trying to say?"

"S-Scholar?"

"...This."

Doyul smiled.

"This is the only answer that can impose a proper disposition on Kim Dorim."

The principle of non-retroactivity.

Prospective effect.

It was the bridge connecting the law of Joseon with modern legal reasoning.

"Excuse me?"

"What... does that mean?"

And it was the only correct answer Doyul had found.