The Weight of the Past

At my words, the witness shook his head with reddened eyes.

“…No.”
“Then how long did you work at Wooyang Rayon?”
“Two full years.”
“I see. Then what is your current residence?”
“…Doyeong Village.”
“Ah, I see. Then have you never lived in Namseon Village?”
“That… before Wooyang Rayon came in… I lived there then.”
“Thank you for your honest answer, witness.”

At this point, I raised my hand to briefly interrupt the flow.

“Your Honor, may I finish the examination and continue with my argument?”
“Yes, counsel.”
“Thank you, Your Honor.”

After asking for permission, I turned around and spoke to the audience.

“The Doyeong Village that the witness mentioned is about an hour’s drive from Namseon Village, where Wooyang Rayon is located. The water source of Doyeong Village is also not that ‘Namseon River’.”

After looking at the stern-faced Jeong Myeonggyu once, I opened my mouth again.

“153 people. This is the combined number of residents of Namseon Village and factory employees. And 121 people. Among them, the number of victims.”

Step, step.

With a large stride, I returned to my seat and picked up the documents on the desk.

“I have investigated all the victims who could file a lawsuit in this case.”

In reality, it was the work of Jeong Donghyeok, who was watching me from beyond the set.

“Lawyer, this is the testimony of the victims at that time. There are consistent parts. The people whose symptoms were absent or mild.”

I opened the thick file and read the part that my hand landed on.

“‘Why didn’t you eat the food in the cafeteria?’ ‘I have atopic dermatitis, so there are only certain foods I can eat.’ Shall we look at other cases?”
“……”
“‘My wife packs me a lunch every morning, including lunch, because my house is far away.’ ‘The food in the cafeteria doesn’t suit my taste.’ A variety of reasons, right?”

Thump.

“But the people who gave these various answers have one thing in common.”

I closed the file and held it in my right hand, shaking it slowly.

“That is, their symptoms were mild or non-existent, and at the same time as they gave these answers, they were outsiders to Namseon Village.”

However, the court gave more credibility to their testimony on the pretext that their condition was ‘good’.
The reason was that the victims were suffering from paralysis and hallucinations, and had repeatedly changed their memories and testimonies.

“But, despite being outsiders who did not use the Namseon River for drinking water, their testimony was treated as more credible at that time.”

From somewhere, a sad sigh was heard.
I held the file in one hand and tapped it with my fingertips with the other.

“Under the court’s ruling that ‘the plaintiffs’ condition is not sound’. Even after Dr. Choi Unho had revealed that it was a disease caused by wastewater.”

Every time my words continued, the plaintiff hunched his shoulders as if in anger and gasped for breath.
I paused for a moment.
The plaintiff’s breath, filled with numerous emotions, filled the courtroom quietly and loudly.
It was his quiet cry that no one had listened to at that time.

“I would like to ask the witness a few more questions and then continue with my argument.”
“Yes, defendant’s counsel.”

Jeong Myeonggyu stood up from his seat and approached the witness.
His steps were faster than before.
Along with a speed that seemed to reveal his anxiety.

“Witness, what was your job when you worked at the other two factories in Namseon Village?”
“…I was in charge of managing pollutants.”
“Huk.”

Someone’s gasp was heard.
And rightly so, because the witness in this room was actually the key figure in that trial.
Jeong Myeonggyu, with a more relaxed expression, pressed on again.

“How did those two factories handle pollutants, including wastewater?”
“We processed it under government guidelines, or sometimes… we dumped it in the river.”
“The river? Are you talking about the Namseon River?”

The witness nodded with difficulty.

“Then, the plaintiffs are claiming that the defendant, ‘Wooyang Rayon’, dumped wastewater into the river, and that’s why they got sick. Does that mean that wastewater has been dumped into the Namseon River since before that?”

I hurriedly raised my hand and shouted.

“Objection. Counsel is now leading the witness.”
“Sustained. Counsel, please be careful.”
“I will do so, Your Honor.”

Jeong Myeonggyu grinned and nodded once.
I let out a small sigh.
My argument just now was a flow that did not exist in the original trial, but Jeong Myeonggyu’s examination and argument now were following the circumstances and order of decades ago.

“Let me change the question, witness. Did you have the same job at Wooyang Rayon?”
“…Yes.”
“Witness, do you know how serious the crime of perjury is?”
“I know.”
“Then please answer honestly. Did Wooyang Rayon ever instruct you to ‘dump the wastewater into the Namseon River’?”

The witness hesitated with a pained expression.

“That’s…”

Jang Myeonggyu raised his index finger and opened his mouth again.

“Witness, remember the crime of perjury.”

The witness answered, squeezing his reddened eyes shut.

“…No.”
“Thank you for your honest answer, witness.”

Jeong Myeonggyu turned away from the witness and approached the plaintiff.
As Jeong Myeonggyu approached, the plaintiff began to show a severe tic.
Soon, Jeong Myeonggyu was right in front of us.
Jeong Myeonggyu’s arrogant voice echoed right above our heads.

“This plaintiff’s side is claiming that the defendant, in order to save money, discharged the wastewater into the river instead of purifying it.”

I lowered my hand under the desk and gently patted the plaintiff’s trembling hand.
Jeong Myeonggyu turned his body slightly and pointed to the plaintiff and the witness with both hands.
His gaze was on Judge Hwang.

“But, Your Honor, this witness was a mechanic and manager in charge of the wastewater process at Wooyang Rayon. Furthermore, he is also personally acquainted with this plaintiff’s side.”

As soon as they heard Jeong Myeonggyu’s words, people immediately understood why the witness had muttered “I’m sorry” earlier.

“That witness is testifying to the actual facts, setting aside his personal acquaintance. This is no different from the witness’s honest testimony clearing the defendant’s name.”

In contrast to the confident Jeong Myeonggyu, a cold silence fell on the courtroom.
The plaintiff had turned his hand and was now holding my hand tightly.
His palm was hot.
I moved my hand and held his hand even tighter.
Shame, guilt… and anger.
Hoping that these feelings I was feeling now would be conveyed.

And so, the virtual trial ended.
The result was no different from reality.
Judge Hwang Yoonhak’s calm and firm voice spread throughout the set.

“The purpose of this trial is to determine whether the wastewater ‘intentionally’ discharged by Wooyang Rayon had a direct impact on the victims’ illnesses.”

I knew that I couldn’t overturn the situation with just this level of a variable.
But I wanted to do whatever I could, no matter how trivial.

“There is credibility in the plaintiff’s lawyer’s argument, but it is not without some shortcomings in proving the exact causal relationship of this ‘illness’.”

Judge Hwang maintained his upright posture without wavering and read the verdict.

“Considering the witness’s testimony and various circumstances, it is difficult to see that the defendant committed the serious wrongdoing of ‘intentionally’ discharging wastewater. Accordingly…”
“……”
“The defendant wins.”

I slowly let out the breath I had been holding.
Fortunately, I had already been informed that this loss would not be counted, but the reason I felt bad was elsewhere.

“Both counsels, do you have any last words before the trial is concluded?”

Judge Hwang, who had exchanged glances with my back for a moment, opened his mouth again.
It seemed to be a question from the program’s script.
Jeong Myeonggyu glanced at me and uttered a single word.

“I’ll do my best in the next broadcast. Thank you.”

After my turn came, I moved my lips, holding the microphone close to my mouth.

“If you will allow me, I would like to say one thing.”
“Go ahead, Lawyer Cha Yohan.”

Instead of getting up from my seat, I continued to speak, still holding the plaintiff’s hand.

“I would like to apologize to the many plaintiffs in this case, and to the many victims of cases like this.”
“……”
“I am a legal professional.”

I took a short breath and then moved my lips again.

“The law that always puts me back in this seat has these words.”

From behind, to the side of my face, and in front of me.
I could feel the gazes of everyone in this room from everywhere.

“…When in doubt, in favor of the defendant.”

Judge Hwang looked at me as if he were observing me, with eyes that could not be fathomed.
I pronounced each syllable clearly.
Hoping that these words would be conveyed beyond the screen.

“Why is it that when there is doubt, we prioritize the defendant’s interests? Why is it that the defendant’s interests are prioritized over the victim’s?”

It was a question I had once had.
Why the law was not on their side, not on the side of the people who were holding onto me, a judge, and asking for help.

“It is to avoid creating a victim by this law. Because no innocent and wronged victim should be newly created within the confines of the law.”

I spoke for the first time the conclusion I had reached after long thought.

“A single doubt that becomes a clue to innocence.”
“……”
“That is why that doubt must become the defendant’s greatest interest. Because that is the minimum salvation for people who are truly wronged.”

A device for the what-ifs, and sometimes the last line that can truly save someone.

“But this place, this situation now is a domain that the criminal law cannot reach. It is a place to prove, not to ask for guilt. As the law.”
“……”
“Situations like today have existed countless times and will continue to exist in the future.”

The hand I was holding with the plaintiff was so hot that I couldn’t tell whose body heat it was.

“I believe that the reason for a lawyer’s existence lies there.”

I bowed my head to the many people who would be watching this broadcast.

“I’m sorry. I couldn’t win. I only managed to represent your past. But I will not be content with the fact that this failure, this courtroom, is a ‘re-enactment’ of the past.”

In this huge silence, there were a few who moved their lips, but the only one who moved their tongue to speak was me.
This was also a promise I was making to myself.

“As a lawyer, I will strive to be of more help to those who have faced a situation like this in reality.”

From the seat next to me, I could hear a suppressed sob.
I left our clasped hands as they were.

“I, a legal professional, also know. The ‘law’ is unkind. It demands proof from the victim countless times. If you were hurt, if you were in pain, it demands that you prove it yourself and come this far. But…”

I felt my lips go dry.
It was a promise and a thought I had had countless times while throwing off my judicial robes, but it was the first time even I had said it out loud.
I had to pause for a moment, feeling a lump in my throat.
Is the reason why my eyes are hot now because I lost this trial, or…
The only thing that was clear was that it was not an unknown guilt.

“But please do not forget that a lawyer is on the client’s side.”

This time, the plaintiff patted the back of my hand.

Judge Hwang also said a word before he left the bench.
It was a simple and concise story, as bland as he was, with as much emotion as possible excluded.

“As a presiding judge, as a judge, I know this case. I remember being amazed at the unbelievable result at that time.”

It was the first time that Judge Hwang had said something other than the verdict from the judge’s bench.

“The law is not perfect. The verdict I have given today may also be wrong.”

Judge Hwang stood up from his seat and bowed deeply to the plaintiff.

“But I also want to apologize. For the share of decades ago, all gathered in this place.”

The plaintiff, for the first time, stood up from his seat and bowed his head to Judge Hwang.
The broadcast, which had concluded like that, became a minor topic of conversation for a few days.
Among them, what particularly caught our ears was the news that Jeong Myeonggyu had been fired from Justice.