Black Corporation: Joseon [EN]: Chapter 603

603. Opening the Heavens – The Foundation Law Debate (6)

Having received the memorial, Sejong wore an expression as if he’d been outmaneuvered.

“Legalizing the ‘Oejibu’ [Legal Outsiders]… I hadn’t considered that.”

At Sejong’s words, Hyang and the other ministers all nodded.

* * *

The origin of those with the occupation called ‘Oejibu’ began with the Jangnyeongwon (Bureau of Slave Affairs). The duties of the Jangnyeongwon were to manage slave documents and oversee lawsuits concerning slave ownership.

Even though their numbers had greatly decreased through reforms, slaves remained valuable property. Therefore, lawsuits regarding them were endless.

The occupation that emerged from this was the Oejibu. They weren’t officials of the Jangnyeongwon, but they were well-versed in the relevant legal clauses, proceeding with lawsuits on behalf of others and receiving profits if they won. These people were called Oejibu because they were like legal experts operating outside the Jangnyeongwon. (Note 1)

The problem with these Oejibu wasn’t that they were handling lawsuits for others, but that they often forged documents to win lawsuits or instigated unnecessary lawsuits for their own profit.

* * *

The memorial submitted to Sejong can be summarized as follows:

– Our Joseon has weathered storms like a young tree and is about to establish itself as an empire.

The newly introduced Foundation Law, considering the beauty of its meaning, is worthy of being the foundation of the empire.

And the attached laws, like branches extending from the roots, spread in all directions to help the people, which is truly admirable.

However, its complexity can be a problem.

Although the legal clauses related to all matters are detailed, this makes it difficult for the people to easily access them. Even the officials in charge of lawsuits can’t memorize all the legal clauses.

Therefore, the number of people who become Oejibu will greatly increase. It would be good if they genuinely helped the people with their lawsuits, but the problem is that they don’t.

Currently, most Oejibu are ruffians. They incite people to file lawsuits, use petty legal tricks to mock the law, reverse right and wrong, and cause chaos, which is a significant problem.

As Joseon moves towards becoming an empire, conflicts of interest will arise, and lawsuits will increase. Leaving the Oejibu as they are will be very harmful.

Also, since the people don’t know all the laws in detail, they’ll find lawsuits and disputes difficult. In the end, they’ll try to resolve them by using their own power, which will lead to a situation where there is law but no order.

As an alternative, we propose legalizing the Oejibu.

Test their knowledge of the Gyeongje Yukjeon [Six Codes of Governance] and Sok Yukjeon [Supplementary Codes], as well as the new laws including the Foundation Law, and test their ability to debate. Grant the qualification of Oejibu to those who pass the standards set by the country, and give them the authority to represent lawsuits.

Also, if the Oejibu argue right and wrong on behalf of the plaintiff and defendant in lawsuits, and the judges listen to their opinions and make judgments, disputes over the results of the lawsuits can be reduced.

* * *

“Hmm… it seems good. What do you think, Crown Prince?”

At Sejong’s question, Hyang organized his thoughts and answered.

“I think it’s a good idea. When a dispute arises in the marketplace, the common saying is, ‘Let’s do it according to the law.’ In fact, most of the documents coming up from the court are reports on the disposition of lawsuits.”

At Hyang’s words, the ministers, especially Minister of Justice Hwangbo In, who was in charge of all judicial affairs, nodded vigorously. After clearing his throat, Hyang continued.

“We mustn’t prevent the people from filing lawsuits. Filing a lawsuit means they believe in the fairness and strictness of the law. If we forbid lawsuits, it will lead to a situation where there is law but no order, as written in the memorial, and this will undermine the empire from its roots.”

Sejong nodded at Hyang’s answer. If the situation became one where there was law but no order, as the memorialist and Hyang said, powerful figures would control the people at will.

It meant that figures like the local gentry before the Giyu Rebellion [Purge of the Literati] would reappear, a situation Sejong absolutely didn’t want.

Seeing that Sejong’s reaction was positive, Hyang spoke with more conviction.

“Also, if people with specialized knowledge litigate, we can prevent them from using flimsy knowledge to force interpretations or make far-fetched arguments, like the current Oejibu.”

At Hyang’s words, Sejong and the ministers nodded repeatedly.

It was well-known that the people of Joseon liked to argue according to the law, and their knowledge of the law was considerable, but only in areas where their direct interests were involved.

Therefore, when a dispute arose in a completely different area, the following situation occurred.

“According to the law I know…”

“Hey! Does that law apply to this situation? Does it?”

“Based on conjecture…”

In other words, both sides in the dispute were engaging in a verbal battle with claims based on ‘conjecture.’ If that intensified, it would lead to a lawsuit, and that’s where the Oejibu would step in.

Hwangbo In, who was listening to Hyang’s story, continued.

“When I examine the reports coming up from the court, I hear that some Oejibu know the law better than the judges. Legalizing their work would greatly help both the people and the judges.”

“Isn’t the problem that they instigate lawsuits or forge documents?”

Hyang stepped forward at Sejong’s point.

“Most documents forged by corrupt Oejibu are slave and land documents. The originals are in the Ministry of Finance, and copies are in the local government offices, so they can be compared immediately if necessary. Forging documents has greatly decreased. What remains is instigating lawsuits, and I think it would be better to legalize this.”

“Why?”

Sejong and the ministers expressed their doubts at Hyang’s words.

“Because it’s the only way to rely on the law until the end.”

“Ah…”

That’s how a legal clause regarding ‘Oejibu’ was added.

One change that occurred as a result of this decision was that ‘Oejibu’ came to replace the word ‘lawyer.’

Another change was that the competition rate for the ‘Yulgwa’ [Legal Examination], which was considered a secondary field called ‘Japkwa’ [Miscellaneous Examination], became very high.

“It’s good to become a judge, and it’s good to become an Oejibu!”

“If you pass the Yulgwa, it’s smooth sailing from then on!”

“You can work as an Oejibu with dignity!”

This happened as those who aimed for success, as well as those who had been working as Oejibu, flocked to it.

In addition, as these Oejibu were trained, lawsuits gradually increased, and related precedents continued to accumulate. Thanks to this, the archives continued to expand.

* * *

As the laws related to ‘Oejibu’ were revised, Hyang began to actively express his opinions.

“You didn’t make any particular comments last time. Why suddenly now?”

At Sejong’s question, Hyang smiled embarrassedly and replied.

“After seeing the memorial regarding ‘Oejibu,’ I saw new aspects.”

“Is that so? That’s a good thing.”

Looking at Sejong’s pleased expression, Hyang muttered inwardly.

‘I had given up until then.’

The part that Hyang wanted to add was the introduction of lawyers and a jury system in criminal trials.

However, Hyang had given up on this.

“You don’t even mention it? Is it still too early?”

No matter how he looked at it, Hyang couldn’t shake the feeling that it was too early, so he kept his mouth shut, waiting for the future.

However, seeing Sejong and the ministers showing no resistance to bringing the Oejibu into the light, Hyang decided to take on the challenge.

“Entrusting the work of defense to the Oejibu?”

“Yes. Since they can see it from a different perspective, we can make fairer judgments.”

“Hmm… and the jury…”

“It will reduce the burden on the judges and ensure fairness.”

After hearing Hyang’s answer, Sejong looked back at the ministers.

“It seems like a pretty good idea. I’d like to hear your thoughts.”

In the end, after a fierce debate, the jury system and the lawyer system were added.

* * *

After such painful labor, the Foundation Law and its related laws were finally completed.

The law codes that had undergone these revisions were reprinted and distributed throughout the country.

Meanwhile, Minister of Finance Park Jong-woo visited Kim Jeom.

“I have a bit of a problem.”

“What kind of problem?”

“The limited edition of the Foundation Law is the problem.”

“We made it clear from the beginning that the limited edition would be printed and given out after the revisions were completed, didn’t we?”

“That’s not the problem.”

“Huh?”

When Kim Jeom expressed his doubts, Park Jong-woo sighed.

“Hoo~. Too many people want to buy it. Even if I roughly calculate it, the number of people who have come forward to buy it is more than 20 times the number of copies for sale.”

“Huh? It’s 30 gold coins?”

“That’s right.”

“Heo~.”

At Park Jong-woo’s words, Kim Jeom had a bewildered expression.

Even though prices have risen a lot, the average monthly income of an ordinary person was 2 silver coins. 30 gold coins was the annual salary of a minister-level official.

Kim Jeom muttered to himself without realizing it.

“There are truly many rich people in this land.”

* * *

Note 1) Korean Classics Translation Institute

https://m.itkc.or.kr/bbs/boardView.do?id=75&bIdx=31916&page=1&menuId=125&bc=6