Chapter 6

Chapter 6 — The Thousand-Nyang Lawyer (3)

"Hehehe. No matter how much that fool racks his brains, what can he possibly do? As expected, no one can beat your schemes!"

"Hahaha! You flatter me!"

Clink!

In his private quarters, Park Jeongdo raised his cup with Jeongmu, an oejibu from Hanyang, and reveled in his good fortune.

The state examination? Studying? What's the point of any of that? In the end, money is everything!

Park Jeongdo was the richest man in the county.

There was no one in the region who didn't know his name.

His family wasn't famous for scholarship, but Park Jeongdo had accumulated tremendous wealth as a local powerbroker and wanted for nothing.

And after spending so many years gathering wealth, his values had naturally changed.

Ability? Hmph. With enough money, you can buy anything.

Park Jeongdo smiled at Jeongmu across from him.

He had paid an enormous amount to bring in an oejibu from the capital who was famous for handling lawsuits.

And the man had certainly earned his fee.

"Good heavens, law truly is something! You can extort this much money without even lifting a finger? Of course, I'm certainly not complaining! Hahaha!"

Jeongmu had steadily increased Park Jeongdo's wealth by exploiting loopholes in the law and taking advantage of ordinary people who didn't understand legal matters.

With the outward appearance of an intelligent scholar, Jeongmu spoke smoothly.

"Haha! Surely all of this is because Heaven itself was moved by your virtue and chose to aid you, Elder."

"Hahaha! As expected of an oejibu. Your tongue is so slick it might as well be coated in oil!"

"Haha. My status may be low, but in my youth I was often praised as an outstanding talent in Hanyang!"

Already in a good mood from the alcohol, Park Jeongdo exaggerated his surprise.

"Oh! So that's why your eloquence is so extraordinary!"

"Indeed. If only I had been allowed to take the main state examination, they said I could easily have taken first place. And even if fortune failed me, I could at least have earned third place in the top rank and become a Tamhwarang! Hahaha!"

"Ohhh! Is that so?"

"Unfortunately, I was born into the jungin class. I possessed great talent, yet taking one of the miscellaneous examinations would've wounded my pride. Tch! That's how I ended up becoming an oejibu."

Naturally, it was all boasting.

And Park Jeongdo knew it was boasting.

But it was a good day, so he didn't bother pointing it out.

"Haha! You made the right choice. What sort of age do we live in now? Unless you place first in the main examination, what's the point of passing some miscellaneous exam and wandering around the Ministry of Justice barely earning enough to eat? Better to make a fortune as an oejibu!"

"Naturally, everything you say is correct! You yourself understood the workings of the world long ago and chose practical benefit over empty prestige. With your wisdom, within only a few generations the wealth of the Park family will surely become famous even in the capital. I can see it as clearly as the palm of my hand."

"Hahaha! You speak the truth without making it unpleasant to hear. You truly deserve to be called the finest oejibu in the capital... no, in all Joseon! But tell me, how did you ever think of such a miraculous scheme? Hahaha! No one else could've come up with it!"

The idea of threatening Ppaengi with the written contract had belonged to Jeongmu.

The logic seemed flawless.

Even the escape route was perfectly prepared.

Park Jeongdo couldn't help admiring Jeongmu's cunning.

Heh. Just because I smile at a lowborn jungin, he's forgotten his place. The main state examination? As if someone like you could ever take it. Still, I suppose a man who's spent time in Hanyang is useful enough as an oejibu.

Of course, inwardly, Park Jeongdo still looked down on Jeongmu for his status.

"Ppaengi may have made some money, but he's still a commoner. Even if he found the best oejibu in Hanyang, he'd have maybe a one-in-ten chance of escaping this. Out here in the countryside, where there aren't even any real oejibu, what can he possibly do?"

Jeongmu smiled outwardly as well, while thinking something equally unpleasant.

Hmph. To an ignorant fool like you who only understands money, even an old trick already worn out in the capital must seem like divine craftsmanship.

"Hahaha! If this matter goes well, I won't forget to reward you handsomely!"

"Hahaha! Elder, may I really expect something substantial?"

"Of course! Goodness, you fellow! Hahaha!"

They smiled at one another.

Both were perfectly ready to betray the other at any moment.

And neither cared if the other felt the same way.

For now, they were useful to each other.

And both shared the same thought.

There is absolutely no chance Ppaengi will ignore our demand.

If the written agreement were taken to the government office, Ppaengi would surely be flogged for trying to divert royal tribute goods and sell them privately.

Even a grown man could become bedridden after only a few strokes.

More than ten could kill him.

Would a merchant really value money over his own life?

They had even made sure the agreement was under a servant's name in case something went wrong.

To them, the plan was perfect.

"Hehehe! As long as I have you, becoming the richest man in Joseon might not be an impossible dream!"

"Hahaha! And thanks to you, Elder, I can make a living!"

They continued praising one another and passing cups back and forth.

Then suddenly...

Bang!

"E-Elder!"

"What is it? Why are you making such a fuss?"

"P-Ppaengi... that bastard filed a petition with the government office!"

"...What?"

A servant had rushed in with the news.

His name was Dolmok.

He was also the servant whose name appeared on the agreement with Ppaengi.

Park Jeongdo's and Jeongmu's expressions hardened.

"Has he lost his mind? He's making such a foolish mistake just because he doesn't want to lose some money?!"

Park Jeongdo immediately lost his appetite.

If things went this way, the magistrate would inspect the agreement, declare the transaction invalid...

And the possibility of receiving one thousand nyang would disappear.

"That damned bastard! He's ruining everything over a little money!"

Jeongmu was also frustrated at losing the payment.

But more than that, he was confused.

"Hey! On what grounds did he file the petition?"

What kind of courage does a mere commoner have to bring this to court? He shouldn't be able to escape punishment for attempting to sell tribute goods.

"W-Well..."

"Speak!"

Dolmok revealed the contents of the petition with a strange expression.

And soon, both Park Jeongdo and Jeongmu looked equally bewildered.

"That bastard... what the hell is he thinking?"


After submitting the petition, I began preparing seriously for the lawsuit.

While I was reviewing the strategy, Donggu approached.

"Young Master."

"Yeah."

"There's something I'm curious about."

"What?"

Judging by his expression, he clearly wasn't pleased.

"It's admirable that you would step forward to help uneducated commoners. But... I don't understand why, out of all people, you're helping Ppaengi for free."

...Of course, we'd agreed on a ten-percent success fee.

But if I told Donggu the truth, he'd throw a fit about how a scholar had no business doing the work of an oejibu.

So I couldn't exactly be honest.

"Even a guilty person deserves help."

"I don't really understand. What's there to like about that rotten fellow?"

Donggu clearly wasn't convinced.

But I had no reason to scold him for it.

Even in the modern world, plenty of people wondered why criminals deserved legal representation.

There were even legal professionals who felt uneasy about showing leniency to offenders.

How could I criticize Donggu for thinking the same way in Joseon?

Every legal professional eventually faced that dilemma.

I had found my own answer.

But I had no right to force that answer onto Donggu.

So I decided to explain it simply.

"Think of it this way. If there's a bad person and an even worse person, shouldn't you stop the worse one first?"

"...! Put that way, I understand immediately!"

"Good. Then remember this too. Sometimes, committing a small wrong for the sake of a greater good can also be justice."

"A greater good... a small wrong... justice...!"

For some reason, my words hit Donggu much harder than I expected.

He looked as though he'd reached enlightenment.

"A greater good... a small wrong... justice..."

"Right. The explanation's over now, so can you leave me alone for a bit?"

"Understood!"

The moment Donggu left, I reviewed the litigation strategy.

This was one of the most basic legal principles.

"It's easy to argue that the contract is invalid. But it's difficult to argue innocence. In Joseon, where written law isn't highly developed, there's only one basic legal principle I can rely on to argue that he's not guilty."

Article 535 of the Civil Act.

Culpa in contrahendo.

Liability for negligence in contracting.

The provision dealt with cases where someone entered into an impossible contract and caused damage to the other party.

But what if...

"What if the other party already knew performance was impossible?"

If both parties entered into an agreement while knowing from the beginning that it couldn't be performed...

How should that be treated?

"There's only one answer."

There was a legal term for a promise that had been impossible from the outset.

"...Initial impossibility."

Gen'jiteki funō.


Joseon had few forms of entertainment.

Whenever a lawsuit was held, commoners flocked to the government office to watch.

Magistrates naturally disliked the crowds.

But if they barred the public from trials, people might suspect them of delivering corrupt judgments.

So they couldn't simply prohibit attendance.

"What's the lawsuit about today?"

A farmer asked a nearby villager.

The villager answered excitedly.

"You won't believe it. Some traveling merchant filed a petition against Elder Park Jeongdo!"

"Hey, speak properly! It's not against Elder Park Jeongdo. It's against his servant Dolmok!"

"Come on! If he made the agreement with Park Jeongdo's servant, then filing against the servant is basically the same as filing against Park Jeongdo!"

"Shh! Are you trying to get yourself killed? If Elder Park Jeongdo hears you, do you think he'll let that pass?"

"G-Gulp!"

The talkative villager immediately covered his mouth.

The farmer who had first asked muttered quietly.

"Still, Elder Park must be involved somehow. Otherwise, why would an oejibu appear on behalf of a mere servant like Dolmok?"

Sure enough, instead of Dolmok standing in the defendant's place, Jeongmu stood there with a cold expression.

Kim Jiseok questioned him.

"The defendant named in this petition is Dolmok, servant of Park Jeongdo. State your identity and why you have appeared in his place."

Jeongmu answered smoothly.

"I am Jeongmu of the capital. I have received a great debt of gratitude from Elder Park Jeongdo and have long lacked a means to repay it. Then, by coincidence, a strange petition was filed against his young servant Dolmok. I have therefore appeared as his representative in order to relieve an innocent commoner's grievance."

This was precisely why oejibu could never be completely eradicated.

Uneducated people could attend court personally and still be almost no better off than if they hadn't attended at all.

So intellectuals often represented them.

Kim Jiseok frowned.

He's clearly an oejibu.

But he has a plausible justification, and Park Jeongdo is involved. It won't be easy to challenge him directly.

Since Jeongmu had come from the capital, it would have been reasonable to suspect that he was being paid.

But Kim Jiseok would soon return to Hanyang.

Even though Park Jeongdo held no official post, his influence in the region was enormous.

Kim Jiseok couldn't casually antagonize him.

"...Very well. Then I will question the plaintiff."

The crowd looked toward the plaintiff's side and began murmuring.

"Is that fellow an oejibu too?"

"How did a mere peddler find an oejibu in a countryside place like this?"

"But isn't he too young? What kind of representative is some greenhorn like that?"

"Wait! Isn't he the scholar from the last lawsuit...?"

While the people who hadn't seen Doyul before whispered among themselves, Kim Jiseok struggled to hide his surprise.

...Haha. Why are you here as a representative?

Meanwhile, Jeongmu and Park Jeongdo, who had not witnessed the previous case, looked down on Doyul.

Hmph. Looks like he found some worthless local oejibu. Does he really think that brat can defeat me, trained in the latest legal tricks of the capital?

The magistrate questioned Doyul.

"The plaintiff in this petition is the traveling merchant Ppaengi. State your identity and why you have appeared in his place."

Standing at the center of everyone's attention, Doyul smiled calmly.

"Plaintiff's representative Kang Doyul has appeared in court on behalf of the plaintiff."

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