Episode 60

"Action takes precedence over inaction."

I spoke the old adage.

"......What?"

"It's a basic principle of criminal law: if the same act can be evaluated as both a crime by action and a crime by inaction, it's viewed as a crime by action."

"So what's your point?"

"This case."

I cut off Gu Min-hwan's words.

"It means that the charge against the defendant, Lee Eul-nam, cannot be murder by omission."

I stated the obvious fact calmly, as if it were a simple statement.

"Because aiding and abetting murder by action takes precedence."

"......!"

That's right.

The fact that the defendant Lee Eul-nam stopped A's life-sustaining treatment and discharged him could certainly be broadly seen as a case of inaction regarding Lee Eul-nam's duty as a doctor to save a patient's life.

But that doesn't mean that the existence of Lee Eul-nam's series of active actions, where he moved his own limbs and physically removed the life-sustaining equipment from A, disappears.

Rather, it's the charge of murder by inaction that gets absorbed and extinguished. Because the principle of action taking precedence is applied.

Therefore, Lee Eul-nam's actions can only be evaluated as aiding and abetting murder, which corresponds to 'action', and cannot be viewed as inaction.

"While your idea itself was fresh and interesting, it was a logic that was impossible from the start."

"What...!"

A look of bewilderment crossed Gu Min-hwan's face. It was quite the sight, seeing that stony-faced man make such an expression.

I drove the final nail in for him.

"It's a basic theory that's in every textbook... or perhaps you didn't know it?"

When you think about it, it was ridiculous.

The principle of action taking precedence wasn't an incredibly difficult concept, nor was it such an obscure legal theory that you could only find it after studying it very deeply.

Rather, it was a legal principle that was tested relatively frequently in the bar exam and mock exams.

Most exam books and textbooks would have at least one line mentioning it.

In reality, it was impossible for someone as skilled as Gu Min-hwan not to know it.

"Yes, I'm sure you knew it."

However.

"You just... weren't able to connect it to this specific case."

"......What are you talking about?"

Han Seol asked from beside me, looking confused.

"It's simple."

I shrugged.

"The principle of action taking precedence, it's a precedent for multiple-choice questions."

I had mentioned before that studying for multiple-choice questions in preparation for the bar exam was rather unique.

Because multiple-choice questions in law exams were more like a time attack where you quickly judged the validity of a statement and moved on, rather than looking at the problem and thinking about the legal principles.

The precedents that made up the statements were often single-issue precedents that were hardly ever tested in case-based questions.

The 'efficient' way to study such precedents was to just look at them multiple times and get used to them, rather than deeply pondering their meaning or organically connecting them to other issues.

So that just by looking at a familiar phrase, you could immediately put a circle or a cross and move on.

"......Are you saying that senior also studied like that?"

"Probably."

Gu Min-hwan didn't have any interest in law itself.

If there was an efficient way to achieve a high score, there was no reason for him to reach out further.

The precedents that were tested in cases and records were the ones that he needed to study in a deep and organic way.

There was no way he would "waste" his brain capacity on precedents that were only for multiple-choice questions.

I was different.

Even if I reduced the amount of studying and simplified the method in order to pursue efficiency and speed, I gradually reinforced the basics as I increased the number of readings, and I weaved all the knowledge into a single system.

"A little earlier, I said that as a law student, you were a zero."

"......"

"It's only natural."

I shot a glare at Gu Min-hwan, who had lost his words.

"Because you don't love law."

He didn't love the law, he didn't pay attention to it, and he only treated it as a means.

Therefore, his method of learning was bound to be limited, and even though he had clearly seen it before, he had created a situation where he couldn't recall that knowledge.

That was Gu Min-hwan's fatal flaw.

"......"

Gu Min-hwan didn't reply.

He was just standing there blankly, as always, staring at me with his dark and empty eyes.

'It's over.'

There was no way to turn this situation around.

Gu Min-hwan's idea was brilliant, but since it was built on a faulty premise, there was no room for recovery.

If he had just presented an argument that had a reasonable compromise, it might have been better.

But even if his argument had moments of brilliance, his badly-collapsed defense wouldn't have earned enough points for victory.

As the silence continued, Jang Yong-hwan, who had been watching all of this, finally spoke up.

"......Then."

"Shall we hear the final statements now?"

"Yes."

It was time to tie up the loose ends of the long battle.

"Prosecution, please make your final statement."

I straightened the prepared document on the desk, and then picked it up.

"It is acknowledged based on the evidence that has been presented that the defendant, Lee Eul-nam, removed the life-sustaining equipment from the deceased, A, and discharged him, leading to his death. This is aiding the murder by omission of the aforementioned Kim Gap-dong. Therefore, based on Articles 250 and 32 of the Criminal Act, the defendant's crime must be charged as aiding and abetting murder."

That was enough.

The facts had all been proven, and the necessary legal principles had already been presented.

There was no room for further dispute.

Therefore, it was enough to simply state the legal provision and the conclusion.

"Defense, please make your final statement."

Gu Min-hwan was still silent.

The monster who had been so obsessed with victory was now facing his first defeat.

To be honest, I was a little curious about what kind of reaction he would show, but he was just standing there like a statue, staring blankly into the air, with his gaze lost.

He didn't snap like Bae Hyun-joong, nor did he go on a rampage like Jung Min-shik.

He just stood there motionless, as if he needed time to process this unfamiliar situation.

That gaze suddenly turned towards me.

"Defense."

When Jang Yong-hwan called out again, a low voice finally came out of Gu Min-hwan's mouth.

"You didn't love it, you said..."

And then, the next sentence.

"......The defense agrees entirely with the prosecution's final statement."

* * *

Nothing much happened after that.

We were selected as the representatives for the criminal field of Korea University Law School as the winners of the preliminaries.

You could say that we had achieved something, or you could say that we had only just obtained a ticket to the main rounds, and were only at the starting line.

After the final match, Gu Min-hwan had quietly disappeared somewhere.

Only his teammates, who didn't seem to be very close to him, remained at the scene.

There were a few things I wanted to ask Gu Min-hwan, but since his contact information was listed in the student directory, there was no need to rush to find him.

There was still plenty of time until the main rounds.

It was the middle of July, after all.

Considering the fact that I had to go through all of the Specific Criminal Laws and the Criminal Procedure Law, it wasn't a very relaxing schedule, but...

Now that I had overcome one hurdle, it was time to focus on other tasks first.

'Right. The final exams are just a few weeks away...'

Actually, there was something that was closer than that.

"It's been a while since then, Mr. Choi."

I opened the door to the sleek Mercedes and greeted him.

I had thought about sitting in the passenger seat, but I decided against it, as it might have been too much of a performance for a reformed young master.

After all, Choi was not an employee of my family.

He might have vehemently opposed it.

In any case, Choi was the same as always.

He confirmed that I was seated, and then he started to talk in an excited voice.

"How have you been?"

"Oh, I've been well. Thanks to you."

"What are you talking about? It's all thanks to you, young master."

"I wonder what I've done."

Choi was as easygoing as ever.

He said, "It's my job to keep an eye on the old man," and then he rambled on.

"Usually his face is always filled with dark clouds, but recently it's been much brighter."

'That guy is brighter...?'

I thought about Park Geon, who was like a walking chunk of iron.

I couldn't imagine his stern face with a smile on it.

"Haha, the old man is an old-fashioned type. He's not the kind to show his emotions, but..."

Choi said that even so, he could see it all in his eyes, since he had been by his side for so long.

'Is it something that can be expressed as not being frank?'

But if Choi said so, then it was probably true.

A close confidant who had served him for a lifetime would know more than a kid who had come from another world.

"By the way, what brings you to the main house this time...?"

"I'm going to receive an award."

I replied briefly.

"I got first place in the midterm exams."

"Oh, really?"

Choi was genuinely happy.

"Congratulations! I knew that you were going to achieve something big one day! First place among all those geniuses. Well, I guess you got your mother's genes, haha!"

That's right.

I was now on my way back to the main house to ask for the reward that I had promised with Park Geon.

Even while I was preparing for the moot court competition, the issue of the reward was always on my mind.

After all, it was an opportunity to get something from the owner of that Yu Seong Group.

'Well, that doesn't mean I can be greedy and ask for the impossible...'

It was Park Geon, the man himself. I didn't think he had agreed to the bet because he had simply been caught up in my words.

It was obvious that he had called me to the main house again to test what kind of reward I was going to ask for.

He would be measuring my changed caliber as his son by my request.

I couldn't be too greedy, and I couldn't let this precious opportunity go to waste on something useless.

'I do have something in mind though.'

As I organized my plans and looked out the window, I suddenly realized that the car was unusually silent.

'......Huh?'

Choi was actually someone who talked a lot.

That didn't mean that he was loose-lipped.

He knew better than anyone what he had to keep silent about, and that was why he had earned Park Geon's trust.

But in these everyday situations, he was always quite talkative.

I remembered that he had been constantly chatting with me on the way back to the main house last time.

I glanced at Choi's expression.

"......"

His face was unusually dark.

Those worried eyes didn't suit Choi.

Come to think of it, when he had congratulated me earlier, it had felt like he was forcing himself to be cheerful.

"Mr. Choi."

Should I just ask him directly?

"Is something wrong? You don't look too well."

"......Haha. I can't fool you, young master."

Choi revealed, in a somber voice.

"Actually, there's a parent invitation event at my daughter's school today."

Come to think of it, he had said that he had a daughter who was a senior in high school.

I remembered that I had even gotten him a workbook from the last time.

Why was there a parent invitation event at a school with a senior? But the school that Choi's daughter was attending was a place that focused on early admissions.

Since they only needed to pass the minimum cut-off for the college entrance exam, the burden of studying for seniors wasn't that great.

On the other hand, since their transcripts were important, all students had to participate faithfully in anything that the school did.

It was said that almost all parents attended the parent invitation event unless they had a special reason.

"I've never been to one before."

It wasn't just about high school.

Choi had been a close confidant who had been with Park Geon for a long time, and he had to be on standby whenever Park Geon called him.

Ever since his daughter had entered elementary school until now, where she was spending her last year as a student.

Whether it was a sports day or an invitation event, Choi had never once been to his daughter's school.

His daughter was always alone, unlike the other students who were with their parents.

"Luckily, I don't have any work scheduled for today, so I thought I'd be able to go... but I can't reject any work that the old man gives me."

Choi forced a smile.

'Huh.'

Suddenly, memories of the distant past flashed through my mind.

Memories that weren't Park Yoo-seung's, but memories from my past life.

I was a kid who had grown up without parents.

When the school gave us an assignment to draw our family's faces, I would draw my younger sibling and myself on the entire sheet of paper, instead of my hazy parents who I couldn't even remember.

But unlike the paper, there were also things that I couldn't fill no matter what.

The hands that I would hide in my pockets on sports days, behind my friends who were greeting their parents.

The lunches that were noticeably empty, with only a few fistfuls of rice, unlike my friends' colorful lunches, on the days of picnics.

"Mr. Choi."

"Yes?"

"What time is the event until?"

"It's until 4 o'clock."

I opened my smartphone and checked the time. 2:30 PM.

"......Turn the car around."

"Yes, yes?"

"You said it was Seongmun High School, right? I'll put it in the GPS."

"Yeessss...?"