Chapter 30

Chapter 30 — The Second Legal Principle: Creditor’s Subrogation (1)

...So he found the courage to stand here for the sake of saving the people.

Kim Jiseok hid how proud he felt and spoke.

"Does anyone object to Lee Isu serving as the defendants' legal representative?"

The defendants only exchanged uneasy glances, unable to answer.

Then Im Dogyeom spoke calmly.

"Everyone in the county knows how intelligent the Ibang's son is. If he is willing to help us, then we can only be grateful."

"...Very well."

I was already reaching the limit of how long I could delay this.

Isu has become a great help at exactly the right time.

Kim Jiseok felt relieved.

It was far better for Isu to represent them than to have no legal representative at all, or someone unqualified taking the role.

If the preliminary procedures dragged on unnecessarily, Park Jeongdo might object.

So Kim Jiseok quickly announced the start of the lawsuit.

"Now that the defendants have appointed a legal representative, we shall begin the proceedings as the plaintiff requested."

"......Ghh."

Park Jeongdo frowned at the unexpected development.

But he quickly regained his composure.

I thought everything would go smoothly. This is annoying.

Still, it doesn't matter.

"The plaintiff may state his grievance."

"...I humbly submit, Magistrate."

Because nothing will change anyway!

A crooked smile appeared on Park Jeongdo's face.

"I did not purchase the land from the defendants. I purchased it from Jeongmu."

"And I have absolutely no interest in how Jeongmu obtained those lands."

"..."

"Jeongmu sold them, and I bought them. If the sale between Jeongmu and me was lawful and without defect, is that not enough?"

Kim Jiseok narrowed his eyes as he examined the paeji.

He had already gone through the documents several times.

And on paper...

He could find nothing wrong with them.

"There is more than enough proof that my transactions with Jeongmu were lawful. I paid the proper price and purchased the land legitimately. Why should I have to concern myself with anything beyond that?"

Kim Jiseok closed his eyes and fell into thought.

You've prepared your loophole well.

There were plenty of suspicious circumstances.

But suspicion was still only suspicion.

Whether it was a modern trial or a Joseon lawsuit, the outcome ultimately depended on legal reasoning and evidence.

Even if Park Jeongdo seemed deeply involved in wrongdoing, suspicion alone was not enough to hold him responsible.

From that perspective, his argument was very difficult to attack.

It was perfectly ordinary reasoning and matched common notions of trade.

"Who in the world investigates the entire origin of every item before purchasing it? If I bought it openly and lawfully, then that should be the end of it."

It was a simple argument that anyone could make.

Yet it was reasonable and almost airtight.

"...I have heard your argument. Now I will hear from the defendants."

"I trust in the magistrate's wise judgment."

For now, Kim Jiseok had no choice but to trust Isu.

His gaze toward the boy carried many emotions.

Can you do it?

Isu had two choices.

Fight Park Jeongdo head-on.

Or stall for time.

Isu did not answer immediately.

...What would the Yulli have decided?

He had barely had any time to prepare.

The fight was heavily stacked against him.

And there was no one who could tell him the correct answer.

...No.

Even worrying about that is a luxury!

He had to move forward regardless.

For now... I just have to do everything I can!

Dun!

"I will speak!"

Isu raised his voice.

"I believe Elder Park Jeongdo should return the land!"

His choice was to fight directly.

"And why do you believe that?"

"...Because the circumstances surrounding the transactions are far too suspicious!"

"Explain in detail."

"Every piece of land Elder Park purchased came from Jeongmu."

"And Jeongmu, in turn, purchased those lands from the defendants."

"All the defendants have something in common."

"What is it?"

Isu hesitated briefly before answering.

"...None of them can read."

"Every one of them testifies that a stranger approached them and said he wished to lease their land for cultivation."

"They placed their hand seals on the documents."

"But those documents later turned out to be deeds of sale."

Kim Jiseok already knew this.

"Jeongmu deceived the people and acquired these lands through fraud."

"Then should it not be obvious who the rightful owners are?"

"It would be morally right for Elder Park to return the land."

Kim Jiseok's expression turned heavy.

"The defendants' argument is not legally sound..."

"And... the government office bears responsibility as well!"

"......The government office?"

"When a paeji concerning the sale of land is drawn up, it must be verified by the local administration."

"And..."

Isu squeezed his eyes shut.

"The Ibang responsible for that process must have known the transactions were suspicious..."

"...yet approved them for his own personal gain."

Everyone was startled by his honesty.

...He openly admitted his own father's wrongdoing.

"The state is the father of all its people."

"If its people are walking down the wrong path, does the state not have a duty to protect them?"

"...If there was wrongdoing here, then the local clerk who should have protected the people bears great responsibility for failing them."

Park Jeongdo glared at Isu.

"And yet... merely because these people cannot read..."

"Merely because they were tempted by money..."

"...can it truly be called justice for ordinary people to have their land taken from them?"

"Isu..."

Isu looked toward Kim Jiseok with desperate eyes.

"Magistrate..."

"Please render a benevolent judgment."

"The people themselves did nothing wrong."

Kim Jiseok carefully considered Isu's words.

...Yes.

You did well.

But... that's all.

Then he answered slowly.

"The argument of the defendants' legal representative is not legally sound."


"They'll lose."

Doyul said it flatly.

"...What?"

He predicted their defeat as though it were obvious.

"You just said there was another excellent jurist in Yeongsan!"

"The problem isn't the representative. Even if I were representing them, the result would be the same."

Scratch. Scratch.

And honestly, I'm not even certain that representative is actually there right now.

Choi Sihyeon couldn't make sense of Doyul's calm expression.

"How strange. If you believe they'll lose, why are you so relaxed?"

"Magistrate."

"Speak."

"Would you permit me the discourtesy of leaving for Yeongsan ahead of you?"

Choi Sihyeon also needed to travel to Yeongsan for the second examination, but he still had to prepare the written records first.

"From the way you're speaking, the lawsuit sounds as good as lost. Why would you need to hurry there ahead of me?"

Doyul smiled.

"I said that even if I were the legal representative, I would lose."

"I did not say the lawsuit had already been lost."

"...What do you mean? Do you have some special plan?"

"I'm not certain."

"My arrival may change nothing."

"..."

Choi Sihyeon waited for the rest.

"But if I arrive in time..."

"And if I receive just a little luck..."

Doyul bowed his head.

"I may be able to break the deadlock."

"..."

So the lawsuit began exactly as I expected.

Even Doyul could not guarantee victory in the Yeongsan land dispute.

Not because the legal reasoning itself was too difficult.

Rather, Joseon's circumstances and legal system imposed too many limitations.

Still... the way everything is unfolding is interesting.

So far, Doyul's conclusions had all been correct.

And one of those conclusions concerned Lee Isu.

Think about it.

If Jeongmu went to Eonyang in order to keep me occupied, while a lawsuit was opened in Yeongsan during my absence...

Then who would represent the victims while I'm gone?

The first person who came to mind was naturally Lee Isu.

Something similar probably happened in the original drama too.

I wouldn't have been there, so Jeongmu would've remained in Yeongsan.

But the victims still would've lacked someone to represent them.

Which means there's a high chance Lee Isu became their legal representative in both the original story and the current situation.

Given everything that had happened, the most coherent development was for Lee Isu to represent the victims as a way of atoning for his father's wrongdoing.

So Doyul created a new plan based on the assumption that Isu was currently acting as their representative in Yeongsan.

Everything began from that assumption.

If Isu had not stepped forward, the entire plan would collapse.

But there was no helping it.

Isu becoming their representative was a necessary condition for victory.

If the Yeongsan lawsuit proceeded without Isu, they would simply be crushed without any chance to resist.

Of course, even if Isu did become their representative, he'll still lose.

The structure of the case makes it impossible to win directly.

I have no idea how the original drama solved it.

But that doesn't matter.

I just have to do what I need to do.

Doyul devised the only scenario he could think of that might resolve the situation.

"I will explain the full details soon."

"What a pity. I thought the road to Yeongsan would be less boring with you."

Doyul smiled faintly.

"I cannot hide my regret that I won't have the opportunity to receive more of your guidance, Magistrate."

"...Hmph! All you have is a clever tongue!"

Choi Sihyeon had taken quite a liking to Doyul, so his response carried obvious disappointment.

"I'll hear the details once we reach Yeongsan. Go ahead first."

"Thank you."

Doyul bowed politely and prepared to leave immediately.

"Donggu. Let's go."

"Understood."

"Then I'll be off... hm?"

At that moment, Doyul noticed the unconscious Jeongmu.

"...Donggu. Go get me some paper and an inkstone."

"Huh?"

Donggu looked puzzled, but obeyed.

Doyul then approached the unconscious Jeongmu and did something no one could understand.

"Hm. It won't hurt to have this."

Everyone watching looked utterly baffled.

What in the world is he doing?


"...Magistrate. What do you mean when you say my reasoning isn't sound?"

Kim Jiseok answered with a stern expression.

"You're correct that the government office also bears some responsibility."

"However..."

Isu had chosen the wrong line of argument.

"...your argument concerns whether the transactions between the defendants and Jeongmu were lawful."

"Even if Jeongmu's wrongdoing is established, that wrongdoing belongs to Jeongmu."

"It does not belong to Park Jeongdo."

"...!"

"Even if Jeongmu's fraud is proven..."

"We cannot simply seize the land from Park Jeongdo."

"If Park Jeongdo purchased it lawfully, then the land legally belongs to him."

Park Jeongdo burst into laughter.

"Hahahaha! As expected of the magistrate!"

"B-But... then!"

Isu realized his argument had failed.

Still, desperately grasping at anything he could, he stammered.

"If the defendants cannot recover their land..."

"...shouldn't they at least be compensated for its value?"

"Many of the defendants may not even survive through this year!"

Kim Jiseok slowly shook his head.

"...That is also correct."

"But that responsibility belongs to Jeongmu as well."

"Not Park Jeongdo."

"Hahahahaha!"

"N-No..."

Kim Jiseok slowly closed his eyes.

So it has come to this.

No one wanted the people to win more than Kim Jiseok did.

But if he forcibly stripped Park Jeongdo of his land without proper legal grounds, the consequences would be impossible to bear.

He had no choice but to reject Isu's argument.

Kim Jiseok thought of the last option he had hoped not to use.

...There is no other choice.

I'll have to report this to the royal court.

If the matter were referred upward, His Majesty might examine not only the narrow legal reasoning but broader political and administrative concerns as well.

There was a good chance the issue could then be resolved differently.

Even so, Kim Jiseok had avoided reporting it until now for a reason.

"It seems there is nothing more to discuss. May I take my leave?"

"..."

The year Kim Jiseok sat for the main state examination, the first-place graduate, second-place graduate, and Tamhwarang received special favor from the king.

"The literary talent of these three successful candidates is extraordinary, so I wish to keep them close and observe them. The princes are around the same age. Let them study together so that each may benefit from the others."

As a result, the first-place graduate was assigned to serve the king.

Choi Siyoon, who had placed second as A-won, became a Pilsun to the Crown Prince.

And Kim Jiseok, the Tamhwarang, was assigned to another prince as his teacher.

Park Jeongdo pretended to bow politely while thinking something entirely different.

If he finishes his term quietly, that man will rise smoothly through the ranks.

There's no way he'll create a major political issue just for a bunch of peasants and risk his career.

Park Jeongdo believed Kim Jiseok would never go so far as to jeopardize his future over the matter.

However...

...Laugh while you can.

Your days of laughing won't last long.

Kim Jiseok was the sort of stubborn man who had never hesitated to speak harsh truths even to a royal prince.

"...Have both the plaintiff and the defendants finished presenting their arguments?"

"Yes."

"Y-Yes... we have."

Kim Jiseok needed to make a decision.

But he couldn't bring himself to speak.

"...I will announce my judgment."

Everyone except Park Jeongdo looked gloomy.

"Hm. As expected."

"...Huh?"

No.

They merely looked gloomy.

At the final moment before the judgment...

Someone who had apparently been standing beside Park Jeongdo for some time was nodding with great interest.

"It was an excellent lawsuit."

"...W-What?! Why are you here?!"

Kim Jiseok's eyes widened with surprise and delight when he recognized the familiar face.

"...Doyul! You've already finished everything in Eonyang?"

Everyone's attention snapped toward him.

"Isn't that the Yulli who went to Eonyang?"

"The Yulli is back! He'll save us now!"

Cold sweat ran down Park Jeongdo's back.

H-How did he return this quickly?

Jeongmu said he would keep him occupied!

Everyone stared at Doyul.

Doyul, however, casually offered his impressions as though nothing unusual had happened.

"The plaintiff's argument was reasonable, and the defendants fought hard. It was an excellent lawsuit."

"Oh, and Isu's attempt was especially good."

"...Huh?"

Doyul patted Isu on the shoulder.

"A jurist... sometimes has to fight even when defeat is unavoidable."

"Your courage and quick thinking stood out."

"...Th-Thank you?"

Has he finally lost his mind?

Even Park Jeongdo was confused by Doyul casually giving advice in the middle of all this.

Meanwhile, Isu lowered his head and spoke in a subdued voice.

"Yulli... I'm truly sorry."

"What are you apologizing for?"

"...I couldn't produce a good result."

"If you had been the legal representative, things would have gone differently."

"It's all because I was lacking."

Isu believed he had failed.

Doyul's assessment was very different.

You accomplished something enormous.

Before returning to Yeongsan...

"Should I borrow a horse from the Magistrate of Eonyang? Donggu, can you ride?"

"Are we in a hurry?"

"Very much."

"Then why borrow a horse?"

"Huh?"

Lift!

"D-Donggu?"

The moment Doyul wondered whether they could make it back in time, Donggu hoisted him onto his back.

"A horse might be faster on flat ground, Young Master. But I'm faster over rough terrain."

"...What?"

"Horses have four legs. Humans only have two. So I'm faster."

"What kind of nonsense is that... W-Waaaah!"

Donggu then unleashed an almost superhuman burst of speed and carried Doyul all the way back in no time.

When Doyul arrived and saw Isu representing the defendants before the government office, he knew everything had fallen into place.

I have no idea how the original drama handled this, though.

As Doyul walked past Isu, he whispered.

"Listen carefully."

"...Yes?"

"Think only about what it is that you need to do."

I'll give you a new role.

Blink. Blink.

Doyul stepped past Isu and moved forward.

Park Jeongdo immediately objected.

"Magistrate! Surely you aren't going to appoint that boy as the defendants' new legal representative!"

"..."

"The lawsuit is already nearly finished!"

"Bringing in someone else now, especially a yulli belonging to the government office, as the defendants' legal representative would be completely improper!"

Doyul scratched his head.

"I think you're misunderstanding something."

"Hah! Misunderstanding? Do you think I'll sit quietly while you become the defendants' legal representative and cause trouble?"

Doyul smiled at the furious Park Jeongdo.

"What exactly have you been talking about?"

"I have no intention of becoming the defendants' legal representative."

"...What?"

Silence fell over the government office.

Doyul took a slow breath.

Because that isn't my role.

As everyone watched without making a sound...

Doyul recalled a single legal principle.

The doctrine that could solve this case.

Creditor's subrogation.

Naturally, Joseon had no formal right of subrogation.

So he couldn't simply apply the modern doctrine mechanically.

But legal principles were...

Fragments of memory and rationality that had once resolved difficult and ambiguous disputes.

Therefore...

If he understood the essence of the doctrine and adapted it to the situation...

Article 404 of the Civil Act.

Creditor's subrogation.

There was no reason he couldn't use it.

If I translate that idea into the language of Joseon...

A playful smile appeared on Doyul's face.

"Kang Doyul, legal representative for Jeongmu, has appeared."

"...What did you just say?"

Everyone froze.

Among the countless stunned gazes...

Doyul's eyes settled on the one pair shining brightest.

"...Yulli? W-Why are you looking at me...?"

Lee Isu.

Your role right now...

Is to become the protagonist of this story.

And Doyul's next words left everyone speechless.

"On behalf of Jeongmu..."

"I hereby bring a lawsuit against the defendants' legal representative, Lee Isu."

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