Episode 5

“It’s an error regarding the premise of justification.”

The room fell silent.

Looking at the students' blank expressions, I finally realized that I had habitually used an abbreviation that had stuck with me from my test-taking days.

I quickly shook my head and elaborated.

“I mean, there is room to consider an ‘error regarding the premise of justification for illegality’.”

Only then did some of the students nod their heads, saying, “Ah.”

The ‘error regarding the premise of justification for illegality’ was a concept that appeared relatively early in the general theory of criminal law.

If a student had diligently done their pre-studying, they should have at least skimmed through the first part of the general theory of criminal law, so they should have heard the name of the concept.

“In this case, it was only said that ‘A’ saw the flyer and posted its contents on the school community, but it wasn’t guaranteed that the contents of the flyer were true. As Shin Seo-joon said, to apply Article 310, it requires ‘the facts to be true’ and ‘the purpose to be for the public interest’.”

“…Continue explaining.”

“If the flyer is true, then we can apply Article 310. But can we apply it as is even if it’s false? Even if it’s not ‘true facts’?”

I picked up the law book and flipped through it.

The place I needed to open was not the page for defamation, which was the issue in this case, but the general theory part, which was way before that.

“Article 13 of the Criminal Code. Criminal intent.”

At my words, the students each flipped through their law books.

“An act that does not recognize the facts that are elements of a crime shall not be punished.”

“…What does that have to do with anything?”

“At the start of this lecture, the professor said that all we have to judge is what act, what crime, and how much punishment should be given.”

I elaborated.

“Modern criminal law primarily places that standard on the ‘intent’ to commit a crime. Crimes without intent are not punished unless there are special provisions for punishing negligent crimes, and when determining ‘what’ crime a person has committed, it is based on the intent that the person had.”

It was an extremely general statement.

It was knowledge at the level of common sense that was written on the first page of any criminal law textbook, and it was also clearly written as an article in the law book.

No matter how long it had been since my test-taking days, I would be ashamed if I couldn’t even say something like this.

“In this case, if the flyer was false, the act that ‘A’ recognized was the act of stating facts that damaged ‘B’s reputation… But what actually happened was the act of damaging ‘B’s reputation by spreading false information. Therefore, we must first determine whether we need to review the crime of defamation by stating facts under Article 307, Paragraph 1, or the crime of defamation by spreading false information under Article 307, Paragraph 2.”

“Oh,” was heard from here and there.

“I said that our criminal law judges crimes based on recognition and intent, right? Then even if the flyer is false. As long as A’s recognition and intention was to state facts, the article that must be reviewed is determined to be Article 307, Paragraph 1. Then, the issue becomes whether we can apply Article 310, which is a special rule for Article 307, Paragraph 1.”

I flipped through the pages again and opened to Article 310.

“If you look at it, the title written next to Article 310 is ‘Justification for Illegality’. Everyone has heard of justification for illegality in some way. It means that even if there was intent to commit a crime and there were facts that were elements of the crime, that act is not illegal because a legitimate reason for doing so was recognized, and therefore it will not be punished.”

I clearly pointed out the nature of the article.

“A typical example is self-defense, which is responding to an illegal infringement. In the case of Article 310, it is a special justification for illegality that only applies to the crime of defamation, and it stipulates ‘the statement of facts’ and ‘the purpose must be solely for the public interest’.”

I turned my head slightly and looked at the other students.

The hostile gazes they had been throwing at me were gone, as if they had never existed. They were just staring at me with their law books open, as if they were possessed.

All the students who were trying to get into the best law school in Korea were listening to me…

“In other words, what ‘A’ believed to be ‘stating facts’ was an error in thinking that there was a justification for illegality when there was none. In other words, it can be said that it falls under ‘an error regarding the premise of justification for illegality’, or what is known as ‘an error regarding the premise of justification’.”

“Hoo. So?”

By now, Jang Yong-hwan was also raising his eyebrows as if he were interested.

Okay, after going around in circles, I had reached the main point that I had brought up at the beginning.

Actually, up to this point, it was no different from reciting from a cheat sheet.

Shin Seo-joon had already told me where to look.

The rest was just reading the titles and requirements of the articles written in the law book and adding some generalities.

From here on, I had to make the most of my knowledge by exaggerating what I remembered and minimizing what I didn't remember as much as possible, acting like I knew everything.

“Regarding cases that fall under ‘an error regarding the premise of justification’, the generally accepted theory in academia is the legal effect limitation theory. But precedents do not follow this.”

First, I introduced the conflict between the generally accepted theory and the precedents.

“Instead, they consistently rule that if there is a justifiable reason for the error, the illegality is excused. So, in this case, can we really say that there is a ‘justifiable reason’?”

I pointed to the blackboard with my finger, and the students' gazes unconsciously turned in that direction.

“’A’ relied on the flyer that was found on the street, an evidence where its truth could not be guaranteed, and immediately posted it on the community.”

I emphasized the part where I said ‘could not be guaranteed’.

“Considering that ‘B’ was a candidate for student council president and that the election was underway, we can’t rule out the possibility that it was a smear campaign distributed by the opposing side. Yet, it cannot be seen as a justifiable reason that he didn’t investigate it and assumed its contents were true.”

I took a beat here and then gave the conclusion.

“Therefore, if the flyer is true, as in the previous answer, Article 310 is applied and no punishment is given. If it’s false, the application of Article 310 is denied and he will be punished for defamation by stating facts as usual.”

“…”

In fact, there are more than six theories regarding the ‘error regarding the premise of justification for illegality’.

During my bar exam days, it was basic to write down the name, basis, and conclusion of each theory, but there was no way I could remember all of that.

So, I only mentioned the name of the majority theory that had barely remained in my head because I had used it so often, and I skipped over the rest as if it was something everyone knew.

Then, I put a lot of emphasis on the interpretation of the case to gloss over it.

If they asked me to explain the legal effect limitation theory or what the other viewpoints were, I wouldn’t be able to answer.

Because I’d forgotten it all!

‘Please let this work.’

A silence that felt like an eternity passed.

And then.

Clap, clap.

I raised my head at the sound of applause.

“Excellent. You get 5 bonus points.”

Jang Yong-hwan was clapping his hands.

‘5 points? That’s more generous than I imagined.’

The group evaluations in the pre-law program were a total of 40 points.

The base score was 10 points, and the bonus or penalty points that the group members received would be accumulated.

The final score was calculated as a total of 100 points, with the first test score converted to 10 points and the second test score converted to 50 points.

Since the group evaluations were reflected as the original score, they were valuable.

Especially compared to the first test, the 5 points I had just received were a considerable score that could overturn four or five multiple-choice questions.

“Did you say your name was Park Yoo-seung?”

“Yes, professor.”

“Impressive. Anyone can memorize legal principles by rote.”

Jang Yong-hwan’s lips curved into a smile.

“But it’s different to find issues that the problems don’t tell you based on that. It requires a lot of experience, repeated practice, and a solid understanding of the basic system of criminal law. Or… being a born genius.”

It was too harsh of a question to throw at prospective freshmen who hadn't even started their first year.

Jang Yong-hwan, who readily admitted it and nodded his head, asked me.

“Have you decided on an advisor?”

“Pardon?”

“If you’re interested in the prosecution, come find me.”

My mouth dropped open.

That was the highest compliment that Jang Yong-hwan could give.

“…I’ll consider it.”

Actually, I had expected that Jang Yong-hwan would be satisfied with this much of an answer.

In the original story, he had been a practitioner who had worked as a prosecutor for decades, and as an educator, he had shown the attitude that if you could clearly present the position and basis of the precedents, there was no need to be obsessed with theory.

It wasn’t his style to check every single piece of knowledge about each theory.

I had taken a gamble based on that, but I had no idea that the reaction would be this good.

I had only intended to get 1 or 2 bonus points…

The fact that Jang Yong-hwan had mentioned an advisor first meant that he really liked my answer.

Of course, he wouldn’t force someone who didn’t have the grades to be his advisee.

Still, it was a great achievement to have left a good impression on Jang Yong-hwan.

The rest of the class went smoothly.

Jang Yong-hwan’s lectures were easy to understand, as expected of a master professor, and he emphasized the important points that they had to know.

It was such a beneficial time that I didn’t even know how the two hours had passed.

When the class ended and it was time for lunch.

“Wait.”

Han Seol stopped me as I was about to leave to find the cafeteria.

“…How did you know?”

“How did I know what?”

“There’s no way Park Yoo-seung, of all people, would have studied the specific theory of criminal law. How did you figure out the answer?”

Han Seol’s pupils were shaking with bewilderment.

It seemed like the scum that she knew as Park Yoo-seung and the savior who had just pointed out an issue that no one else could answer and earned points were clashing inside her.

“Are you really Park Yoo-seung?”

It was a shocking question, but I pretended not to know and answered.

“The answer? I didn’t know it?”

“…What?”

“Like you said, how would I know the specific theory? If I knew, I would have raised my hand before Shin Seo-joon.”

“No. Then how?”

“I just looked up the articles that he mentioned and saw that it said justification for illegality, so I just thought that maybe it was an error regarding the premise of justification. I had skimmed through the general theory during the break when I was bored.”

“That’s impossible. Park Yoo-seung read a textbook ‘during the break when he was bored’?”

Han Seol was shocked.

“I told you, I decided to change my ways and start anew. I’m not studying as hard as you guys, but I’m trying my best.”

“…”

Han Seol’s eyes narrowed.

She was contemplating whether to believe my words.

But she would eventually accept it.

The conclusion that ‘Park Yoo-seung solved a problem of the specific theory of criminal law and even got the hidden issue right!’ was something that she could not accept, even if the world turned upside down.

But it was much more plausible that I had just added a spoon to the table that Shin Seo-joon had already set out, by sheer luck.

In fact, that was closer to the truth.

“…Okay.”

Han Seol nodded her head soon after.

“I still can’t trust you completely, but it’s true that you were a big help this time. I didn’t know the answer at all, and you even got one over on that tall guy… I’ll thank you.”

“Why are you thanking me? I did it to get my points.”

“If you can’t even say that.”

Han Seol chuckled.

“But still, tell me before you do something next time. I was so scared because I didn’t know what you were going to do just now.”

“Yes, yes.”

I waved my hand dismissively to send Han Seol away.

I had been held up longer than I had expected.

I was hungry. Let's eat, let's eat.

* * *

‘In the Law School’ was also known for drawing food unnecessarily well.

I still remembered the day when the oven gratin with a huge chicken leg baked into it appeared.

Even though it was just a drawing, I couldn’t help but drool at the combination of the crispy baked chicken leg and the melting cheese.

Perhaps it was because I had watched it alone in the dim office while eating cup ramen, but that scene was strongly etched into my mind.

In the comment section, there were many comments that were recommended and selected as the best comments, saying that they would definitely try that gratin if they fell into the world of ‘In the Law School’, so I wasn’t the only one who felt that way.

And now.

I had been given the opportunity to fulfill their wishes for them.

[Cooking complete: No. 397, No. 398, No. 401]

I was holding a number ticket that had 401 printed on it.

I quickly ran to get my food and found a secluded spot in the student cafeteria.

The menu was, of course, the oven chicken gratin that I had seen in the original story.

I tried my best to calm my trembling heart and stabbed my fork into the chicken leg.

The feeling of the crispy baked skin crumbling as it touched the fork was magical in itself.

I couldn’t hold back anymore and tore off a large piece and stuffed it into my mouth with the cheese.

“Delicious…”

It was a moving taste.

Especially since I had lived a life that had no connection to gourmet food, the emotion was even greater.

This meat juice! This soft cheese! It was already a dream come true to be able to study law, but was it okay to be this happy?

No, it wasn’t.

It was impossible to waste even a moment of this blessed life by being lazy.

I relished the taste of the meat that was being chewed in my mouth and took out ‘Principles of Civil Law’ from my bag and spread it out on the table.

Take a spoonful, read a line of the book…

I was having a very enjoyable meal when.

“Can I sit and eat with you for a moment?”

For a moment, I thought I had heard wrong.

There was no way that there would be a crazy person in Korea University who would say to Park Yoo-seung, “Let’s eat together?”

I was puzzled and raised my head, which had been buried in the gratin.

On the opposite side.

“I have something to talk about.”

Shin Seo-joon, the protagonist of the original story, was smiling and looking at me.