Chapter 20 — A Shift in the Balance (3)
Doyul slowly closed his eyes.
The law had principles.
But it also had exceptions.
Everyone makes mistakes, and countless problems arise from them.
That means not every case should be treated the same simply because there was a mistake. Each situation has to be examined individually.
And the key here is...
To resolve this case, the important question was whether the dispute between Makdong and Elder Yang fell under the general rule...
Or under an exception.
...Whether Elder Yang was at fault.
The facts themselves were clear.
All Doyul needed to examine was the disputed legal issue.
Article 109, Paragraph 1 of the Civil Act. Declaration of intent made under mistake.
[A declaration of intent may be canceled when there is a mistake concerning an important part of the legal act. However, cancellation is not permitted when the mistake was caused by the declarant's gross negligence.]
There had been a similar case in modern times.
Both squid and Korean paper were counted using the unit chuk.
But one chuk of Korean paper meant ten bundles, while one chuk of squid meant twenty squid.
A buyer who had worked for years at a Korean paper manufacturer confused the units and accidentally purchased twice the amount he intended.
The plaintiff wanted to purchase semi-dried squid, but ordered far more than intended because he misunderstood the unit.
And the court's judgment was...
Doyul smiled and opened his mouth.
"I believe there are three points that must be examined."
"...Hm?"
Everyone's attention turned toward him.
"First, we must determine whether Elder Yang can be blamed for making this mistake. If he had no fault in becoming confused, then perhaps his circumstances deserve consideration."
"...Hmm."
Kim Jiseok slowly considered Doyul's words.
Doyul hadn't explained everything yet.
But after speaking with him so often, Kim Jiseok's own reasoning had become sharper.
He could roughly understand where Doyul was going.
"There is merit to that. Continue."
"Yes."
Doyul smiled.
Then Elder Yang suddenly felt uneasy and hurriedly interrupted.
"W-What do you mean by that? This old man merely wanted a little taste of meat, yet now you're asking whether I was at fault...!"
Doyul casually cut him off.
"Since Elder Yang runs an apothecary, it is understandable that he might momentarily confuse the medicinal geun with the meat geun. Furthermore, the quantities differ by a full tenfold. Had there been no mistake, it is unlikely Elder Yang would have said he intended to purchase ten geun of meat."
Elder Yang's eyes lit up.
"So if we consider only that circumstance, there is reason to take Elder Yang's side."
"Oh! I failed to recognize such a noble benefactor!"
"Y-Yulli...!"
Joy and despair appeared on Elder Yang's and Makdong's faces respectively.
Hahaha! That naive young scholar is taking my side!
Of course, Elder Yang had actually intended to purchase all ten geun.
But he wasn't foolish enough to reveal that now.
"However."
"...?"
"That may explain why the mistake occurred and provide grounds to argue for cancellation. But it does not mean Elder Yang was without fault."
Elder Yang stared blankly.
"What do you mean...?"
"If Elder Yang were so old and frail that he could no longer properly distinguish matters while making purchases, then perhaps things would be different."
Doyul narrowed his eyes.
"But you still run an apothecary and appear perfectly healthy even now. There are no special circumstances suggesting you were incapable of exercising ordinary care. So we must continue examining whether you were negligent."
"Th-Then..."
Elder Yang's face turned pale.
Doyul ignored him and continued.
"Second, we must consider the practical context."
"P-Practical context?"
"We need to determine what 'one geun' normally means in a butcher shop. And that point is obvious."
"...!"
"Even a child would know that a geun in a butcher shop refers to the unit used for meat. Therefore, it was perfectly natural for Makdong to prepare ten meat geun. It is reasonable to find that Elder Yang was at fault, while Makdong committed no wrongdoing at all."
"Y-Yulli...!"
Makdong nodded repeatedly, looking deeply moved.
Even Yeoni, secretly watching from the side, nodded along.
"And finally, to resolve this matter wisely, we must consider the actual loss and the consequences."
"...Oh?"
Kim Jiseok liked that part of Doyul's explanation.
No matter how wise an argument sounded, if it remained trapped in abstraction and could not be applied to reality, then it was nothing more than empty theory.
That was why Doyul's ability to balance principle with real-world consequences pleased him.
"If Elder Yang is held responsible for his mistake and forced to purchase all the meat, it will certainly be unfortunate for him. But what happens if we instead excuse Elder Yang?"
"...Then Makdong bears the entire loss."
"Exactly. He has no practical way to dispose of nine geun of meat before it spoils. If one of these two people must bear the loss..."
Doyul looked calmly between them.
"Should that burden fall upon the person who made the mistake, or upon the innocent person who did nothing wrong?"
"Indeed."
Kim Jiseok nodded at the clear reasoning.
"Therefore, although Elder Yang may have circumstances deserving some sympathy, I believe it is proper to hold him responsible."
A similar modern precedent had likewise held that the buyer who made the mistake through his own negligence had to bear the loss.
Justice required that the loss fall on the person responsible for the mistake, while also taking common social understanding into account.
Kim Jiseok smiled.
"I had only been thinking about how unfair this was to Makdong. Your reasoning is better than mine. There is no room for disagreement."
"M-M-Magistrate!"
Even Kim Jiseok, whom Elder Yang had been counting on, sided with Makdong.
Elder Yang found himself completely surrounded.
"...I deliver my judgment. Since it is clear that Elder Yang made the mistake through his own fault, Makdong's argument is correct. Elder Yang shall therefore take responsibility and immediately purchase all the meat."
"O-Oh, heavens..."
The devastated Elder Yang collapsed to the floor.
Makdong bowed deeply to Kim Jiseok in gratitude.
"M-Magistrate! Thank you...! And thank you as well, Scholar!"
Doyul watched with satisfaction.
I'm glad the magistrate reached the proper conclusion.
Kim Jiseok may not be familiar with formal legal doctrine, but his actual way of thinking is extremely rational.
Tap. Tap.
...Hm?
Someone poked Doyul from behind.
When he turned around, Yeoni was staring directly at him.
"...?"
She ran away when I tried to talk to her before.
Why is she suddenly approaching me now?
Kim Jiseok, who witnessed the scene, found it strange.
But more than that, he was delighted.
...Yeoni approached someone first?
Yeoni was quiet by nature, but she was intelligent and understood righteousness.
If she had chosen to speak to Doyul herself, there must be a reason.
Kim Jiseok smiled gently.
"Doyul."
"Yes, Magistrate."
"It seems that child has something she wishes to tell you."
Even if there was no special reason, that was fine.
