Chapter 141
Chapter 141
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Translator: penny
Chapter: 141
Chapter Title: Latte: More Than Mere Property
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"The key issues to be deliberated in this case are, of course, whether the plaintiff and defendant bear responsibility in this damages lawsuit, and if so, whether it's limited. And whether the defendant has an obligation to pay solatium. However, there's an even more important issue."
"A more important issue?"
"Yes. Whether the companion dog 'Latte' in this case qualifies as a 'thing' under the Civil Code."
The two defense lawyers grimaced as if they knew this was coming and began conferring. The judge asked with a puzzled look.
"Whether it's a thing? Please elaborate."
"Civil Code Article 98. This article defines a 'thing' as tangible objects and electricity or other natural forces that can be controlled. Under the current Civil Code, companion animals are also considered tangible objects, so they can be interpreted as holding the status of a 'thing.'"
"That's correct. There's no explicit provision on the legal status of animals. But how does that become an issue?"
"If the companion dog holds the status of a thing, then in this damages lawsuit, the law would follow the usual precedents for 'things.' But this case is different."
Murmurs rippled through the courtroom.
The crowd seemed to vaguely grasp Kang Hyun's point.
"Civil judgments must be made 'reasonably according to common sense and general notions of society.' Companion animals have no substitutes and possess the same uniqueness as humans. If we can prove that the companion dog 'Latte' in this case differs from the typical thing, it could constitute a 'special circumstance' in interpretation."
Kang Hyun was seeing the forest, not the trees.
All of the opposing side's logic and arguments hinged on viewing the companion dog as a 'thing' in this case.
So, flipping that premise would flip the judgment as well.
"A special circumstance?"
"Yes. According to current 'common sense of society' and 'general notions'—in other words, the public's legal sentiment— a 'companion dog' is not a thing. It is a 'being that deserves a new legal status.'"
'A new legal status.'
Silence.
The courtroom fell eerily quiet, as if doused with cold water, as this previously unchallenged notion in legal circles was thrown into disarray.
It was shocking and refreshingly novel logic.
No one in the courtroom could raise an objection to Kang Hyun's words, unprecedented as they were.
Some just nodded quietly, or murmured agreement.
Dogs, cats, and other companion animals aren't things you repair, or tools you discard when broken.
That was the general public's view, and the law should follow suit.
That was the argument he was making.
"It might be arguable if we're not being strict and allowing free interpretation. But..."
The judge spoke in a somewhat ambiguous tone.
"Yes. As Your Honor says, if we scrutinize strictly, the legal status of animals will need legislative clarification later."
The people in the courtroom were listening intently to Kang Hyun.
He was the center of attention.
"But the law evolves with the times. Just because it's not explicitly stated in the current statutes doesn't mean absolutes can't change."
"Absolutes don't change."
"The court has discretion in this matter. For a proper judgment based on societal notions and common sense, it can certainly interpret differently."
Kang Hyun's tone rose slightly.
"If this interpretation denies rights to animals, including companion animals, it only proves that the law fails to reflect cultural changes in modern society and the rights and responsibilities arising from societal progress."
"Hmm."
"Moreover, it could be interpreted in terms of animal welfare and rights. This isn't demanding that animals be seen as natural persons.
This judgment offers a chance for the law's view on socially problematic issues like animal abuse and abandonment to align with public sentiment and gain trust. In this case, the defendant clearly treated a living being—a companion dog—as if it were no more than trash by the roadside."
A jab at the attitude. At Kang Hyun's words, the defendant hung his head, and for a moment, the defense lawyers were at a loss for words.
"If we don't newly consider the status of animals in this judgment, people like the defendant—who see companion animals as mere passing objects, nothing more or less—will only increase. The law bears responsibility for this."
Kwon Yong-sik, his wife, and their companion dog Latte listened calmly and confidently to Kang Hyun's words.
"Please accept the plaintiff's assertions. A companion dog has emotions and shares them with humans—something more than the status of a 'thing as a tangible object.'"
"..."
The judge fell into deep thought, unable to continue.
Crash!
"Y-Your Honor!"
"There is precedent!"
The defense lawyers snapped to attention at the judge's demeanor.
"Legally, the status of animals is defined by statute as tangible objects—things—with no room for judgment."
"The defendant's attitude doesn't violate legal common sense. It's merely a personal trait of someone unaccustomed to companion dogs! We object to the plaintiff's claims!"
The courtroom grew noisy, but the judge remained silent.
One minute, two minutes.
The commotion swelled, and Kang Hyun silently watched the judge.
The judge's eyebrows twitched.
His deliberations continued.
And finally.
Judge Kim Kwang-taek spoke.
"...If."
'Please.'
Kang Hyun swallowed dryly.
If this point was accepted, the game would flip in an instant.
Kang Hyun could dramatically overturn the entire case and claim victory.
It would dent the organization led by Gong Hyun-jeong and lend strength to the small organization Kang Hyun was building.
"This case leaves room to consider whether the companion dog holds a status beyond that of a mere thing, in a rational sense."
'Yes!'
"No!"
"Your Honor!"
The courtroom erupted in chaos, but Judge Kim Kwang-taek slowly began reciting his deliberations.
"Precedent cannot be an absolute criterion in trials. As the plaintiff said, there are circumstances worth considering within the bounds of societal notions and the common sense of cultured people. Of course, while the 'status of animals' isn't explicitly stated in law, as the plaintiff noted, there is room for it to be something more than an organism."
"No!"
"This is..."
The atmosphere reversed sharply, everything tilting toward Kang Hyun.
"What the hell is happening!"
"Did the judge accept it?"
Shocked spectators. The murmurs grew louder.
Song Ha-dong, watching from afar, was no different.
He stroked his neatly trimmed beard, trying to hide his surprise.
'So that's it—planning to overturn precedent.'
Kang Hyun's clear voice rang out through the uproar in the courtroom.
"Then we'll continue!"
All preparations were complete; it was just a matter of running with it.
"Yes. Proceed."
The judge favoring Kang Hyun. The case began tilting rapidly.
With a confident sweep of his arm, he continued.
"As evident from Im Hye-ran's testimony, the companion dog 'Latte' is undoubtedly an important 'family member' of the Kwon Yong-sik household. It possesses uniqueness and irreplaceability."
Kang Hyun's eyes flashed with confidence. The judge nodded.
"Moreover, as seen directly in this courtroom, the companion dog in this case is paralyzed in the lower body, making full recovery absolutely difficult—this has been demonstrated. Finally, the most important point."
Kang Hyun swallowed dryly and spoke in an impassioned tone.
"The Kwon Yong-sik family loves their companion dog like a child. There is 'love' that elevates the companion dog beyond a mere object.
Uniqueness, irreplaceability, impossibility of full restoration, and the special circumstance of the plaintiff's family's love for their companion dog. All these explain why the companion dog is more than a mere 'thing' under Civil Code Article 98. This substantiates the plaintiff's view on the 'status of companion dogs.'"
"No..."
The defense lawyers swallowed their outbursts weakly.
It was a brilliant and innovative idea. Not logic that could be applied willy-nilly, however.
Yet the evenly matched case tipped decisively with Kang Hyun's ingenious logic, clean assertions, and heartfelt appeals.
This continued right up to closing arguments. The judge looked at Kang Hyun. He maintained a strong, confident demeanor.
"Honored Your Honor."
He took a deep breath and changed his expression. He couldn't let go of the tension until the very end.
"The companion dog in this case is a unique entity based on 'special circumstances' beyond the status of a mere thing. Broadening our perspective in interpretation, it is not 'human' but can be 'family.'"
As Kang Hyun glanced at the defendant, the man who had once sat arrogantly with arms crossed, irresponsibly, now bowed his head.
"Therefore, the defendant bears responsibility to provide mental compensation for striking the plaintiff's companion dog 'Latte' with his passenger car due to his own negligence at the time and place stated in the indictment."
The battle wasn't over yet. The judge listened calmly to Kang Hyun's closing argument with an inscrutable expression.
"Please rule that the defendant pay damages to the plaintiff corresponding to his responsibility, proving that the law can protect what is precious to someone."
"Absurd!"
The defense pushed to the end. Their closing argument.
The lawyers' final plea clung desperately to Kang Hyun.
"The legal status of a companion dog as a thing remains unchanged!"
"The companion dog in this case is a mongrel with no market value, and the plaintiff's mental suffering should be seen as recovered over time. The defendant bears no responsibility for this incident."
The judge rubbed his temple as if deep in thought.
A moment later.
After prolonged deliberation, the judge spoke.
"Understood... Closing arguments concluded. We will recess and announce the final judgment later."
The judge finished speaking, stood abruptly, and exited. They had raced through closing arguments without pause; now everything rested with the judge.
"Hoo."
Kang Hyun deeply inhaled and exhaled the fresh outdoor air he hadn't tasted all morning.
As cool air filled his lungs, his racing heart seemed to slow, granting a brief respite.
Just then, a familiar voice came from behind.
"Kang Hyun."
"Huh? Director."
It was Song Ha-dong.
Kang Hyun looked at him with genuine surprise, not having expected him to attend this trial in person.
Song Ha-dong had agreed to help with Legal Clinic matters going forward, but the 'Legal Clinic' hadn't even officially launched yet.
There was no reason or need for him to come here personally.
So, Song Ha-dong had come specifically for Kang Hyun. Kang Hyun calmly expressed his gratitude.
"Thank you for coming."
"Nonsense. I'm here to keep an eye on you."
At the relaxed joke, Kang Hyun's stiff expression softened slightly.
"That's a relief, then. I've been pouring everything I have into it."
"Looked that way. Pouring it all in like that, you're on track to overturn precedent."
Song Ha-dong grinned brightly, revealing his buck teeth and looking boyish.
"If someone like you lays a solid foundation, the campus legal aid group could really make a difference."
"Thank you for the kind words. I'll prepare diligently."
"It'll work out. Too early to say for sure, though."
He smiled knowingly, holding back. Both Kang Hyun and Song Ha-dong knew the Legal Clinic's fate hinged on this case's outcome.
Song Ha-dong seemed highly expectant. Kang Hyun picked up on it well.
"I'll remember today. Keep up the good work ahead."
"Yes. Leaving already?"
"Busy, so yes. Shame I can't see the verdict, but I think I know the conclusion."
"What do you mean?"
Song Ha-dong was a veteran legal expert with vast experience and knowledge.
Even without the verdict, it meant the outcome was already decided.
Swish.
As he casually turned to leave, Kang Hyun couldn't hold back and asked.
"Director. By any chance, can you predict the result?"
"Heh. You're unflappable."
Kang Hyun perked up his ears for the answer. Hearing Song Ha-dong's prediction before the official verdict sounded intriguing.
But unlike Kang Hyun, Song Ha-dong stroked his beard matter-of-factly and stated bluntly.
"Of course it's your win. You've made history again."
"Pardon?"
"Haha, why?"
"Will it really turn out that way?"
Song Ha-dong burst out laughing at Kang Hyun's wide-eyed stare.
"Of course. Now head back to the courtroom and prepare to savor victory. You'll be in lots of photos, so fix your appearance."
He finished speaking and walked toward the passageway outside the building grounds.
Kang Hyun watched him go, struggling for a while to calm his heart, which began pounding anew.
Indeed.
Song Ha-dong's prediction for this trial was an overwhelming victory for Kang Hyun. Against no less than two lawyers from Daesan, no less.