Reading this particular petition, Sejong wore an expression of having struck gold.

“Legitimizing the External Legal Advisors[1]… Something I hadn’t even considered.”

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

The origin of those who came to be known as External Legal Advisors traced back to the Bureau of Slave Administration[2]. The bureau’s duties included managing slave documents and handling litigation concerning slave ownership.

Though their numbers had greatly decreased through the Economic Reformation, slaves remained important assets. Thus, litigation concerning them never ceased.

It was amid this situation that the profession of External Legal Advisors emerged. These were people who, though not officials of the Bureau of Slave Administration, were well-versed in relevant laws and conducted litigation on others’ behalf, receiving payment for successful cases. They were called External Legal Advisors because they operated outside the bureau while handling legal matters.

The problem with these External Legal Advisors wasn’t that they handled litigation on others’ behalf. Rather, it was that they frequently forged documents to win cases or instigated unnecessary litigation for their own profit.

The content of the petition submitted to Sejong could be summarized as follows:

“Our Joseon, like a young tree that has weathered storms to become a great tree, stands on the verge of declaring itself an empire.

The newly issued Foundation Law, judging by the beauty of its intent, is certainly worthy of becoming the empire’s fundamental law.

Furthermore, its subsidiary laws, like branches spreading from the roots, extend in all directions to aid the people’s comfort, which is truly beautiful.

However, these branches and their abundance could become problematic.

While there are detailed legal provisions for all matters, this conversely makes it difficult for common people to access them. Even officials handling litigation cannot possibly memorize all legal provisions.

Therefore, those making External Legal Advisory their profession will greatly increase. While it would be good if they genuinely helped people with litigation, the problem is that they often don’t.

Looking at the current situation, most who practice as External Legal Advisors are rogues. They incite people to litigation, use petty literary skills to mock the law, and confuse right and wrong, which is truly a serious problem.

As our Joseon advances toward becoming an empire, conflicts of interest will multiply with the population, and litigation will increase. If we leave External Legal Advisors unchecked, they will become a great evil.

Moreover, since people don’t know all laws in detail, they will find litigation difficult. Eventually, they will try to resolve matters through their own power, creating a situation where law exists but is effectively lawless.

As an alternative solution, I propose legitimizing External Legal Advisors.

Test their knowledge of both the Six Codes of Governance[3] and their supplements, as well as the new laws headed by the Foundation Law, examine their ability to debate legal matters, and grant External Legal Advisor qualifications to those who pass nationally established standards, giving them authority to handle litigation.

Furthermore, if External Legal Advisors debate right and wrong on behalf of plaintiffs and defendants, and judges make rulings after hearing their opinions, we can reduce disputes over litigation outcomes.”

“Hmm… seems good, what does the Crown Prince think?”

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

“I believe it’s a good idea. When disputes arise in the marketplace, the most common phrase is ‘let’s do it by the law.’ In fact, most documents coming up from the tribunal report rulings on litigation.”

At Hyang’s words, the ministers, especially Minister of Justice Hwangbo In who oversaw all judicial affairs, nodded vigorously. After taking a drink, Hyang continued.

“We shouldn’t prevent people from engaging in litigation. That they pursue litigation shows they trust in the law’s fairness and authority. If we forbid litigation, as written in the petition, it would create a situation where law exists but is ineffective, which would collapse the empire from its roots.”

Sejong nodded at Hyang’s response. As both the petitioner and Hyang suggested, if a situation arose where laws existed in name only, it was certain that powerful local figures would manipulate the common people at will.

This meant the potential reemergence of local scholar-officials like those before the Giyu Rebellion, a situation Sejong absolutely did not want.

Seeing Sejong’s positive response, Hyang spoke with more confidence.

“Moreover, if those with professional knowledge handle litigation, we can prevent current External Legal Advisors from making forced interpretations or irrelevant arguments with their two-bit knowledge.”

Sejong and the ministers nodded continuously at Hyang’s words.

It was well known that Joseon’s people enjoyed legal disputes. They also had considerable knowledge of laws. However, this was limited to matters directly affecting their interests.

Therefore, when disputes arose in completely different areas, situations like this occurred:

“According to the law I know…”

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

“As far as I can infer…”

Thus, both sides would argue based on conclusions they had “inferred,” which would escalate into litigation where External Legal Advisors would become involved.

Listening to Hyang’s explanation, Hwangbo In continued.

“From reports coming up from the tribunal, I’ve heard there are quite a few External Legal Advisors who know the law better than tribunal judges. Rather than suppressing them, legitimizing their work would greatly help both the people and judges.”

“Isn’t the problem that they instigate litigation and forge documents?”

To Sejong’s point, Hyang stepped forward.

“Most documents forged by corrupt External Legal Advisors are slave documents and land deeds. The originals of these documents are in the General Affairs Ministry, with copies in each regional office, so they can be immediately verified. Actually, document forgery has greatly decreased. What remains is the instigation of litigation, which I think would be better legitimized.”

“Why?”

“For what reason?”

Both Sejong and the ministers expressed doubt at Hyang’s words.

“Because at least then they can rely on the law until the end.”

“Ah…”

Thus, legal provisions regarding External Legal Advisors were added.

One change resulting from this decision was that “External Legal Advisor” came to replace the term “lawyer.”

Another change was that despite the establishment of the tribunal, competition for the Legal Examination[4], considered second-tier among the “miscellaneous examinations”[5], became extremely fierce.

“Being a tribunal judge is good, and becoming an External Legal Advisor is good too!”

“Pass the Legal Examination and your path is set!”

“You can proudly work as an External Legal Advisor!”

This occurred as not only those seeking advancement but also those who had been working as External Legal Advisors flooded in.

As a side note, as External Legal Advisors were legitimized, litigation gradually increased, and related precedents continued to accumulate. As a result, the Records Bureau kept expanding.

When the law regarding External Legal Advisors was amended, Hyang began actively presenting opinions.

“You had no particular comments before, why suddenly now?”

To Sejong’s question, Hyang answered with a somewhat embarrassed smile.

“After seeing the petition about External Legal Advisors, I noticed some new aspects.”

“Is that so? That’s good.”

Watching Sejong’s pleased expression, Hyang muttered internally.

I had given up until now.

What Hyang wanted to add was the introduction of defense attorneys and a jury system in criminal trials.

But Hyang had previously abandoned this idea.

“You’re not mentioning it at all? Is it still too early?”

Unable to shake the feeling it was premature no matter how he looked at it, Hyang had kept quiet, waiting for a future opportunity.

However, seeing Sejong and the ministers show little resistance to bringing External Legal Advisors into the light, Hyang decided to take the challenge.

“Entrust defense work to External Legal Advisors?”

“Yes. Since they can see things from different perspectives, we can make more fair judgments.”

“Hmm… and a jury system…”

“It will reduce the burden on judges. And secure fairness too.”

Hearing Hyang’s answer, Sejong looked around at his ministers.

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

In the end, after quite intense debate, both the jury system and defense attorney system were added.

After such intense labor pains, the Foundation Law and its subsidiary laws were finally completed.

And after this revision process, the law books were printed again and distributed nationwide.

Meanwhile, Finance Minister Park Jong-wu sought out Kim Jeom.

“We have a bit of a problem.”

“What kind of problem?”

“It’s about the limited edition Foundation Law.”

“Wasn’t it clear from the start that the limited edition would be printed after the revisions were complete?”

“That’s not the problem.”

“Oh?”

As Kim Jeom expressed confusion, Park Jong-wu sighed.

“Sigh… There are too many people wanting to buy them. By rough calculation, those stepping forward to buy exceed twenty times the number available.”

“What? Even at thirty gold nyang?”

“That’s right.”

“My word…”

At Park Jong-wu’s words, Kim Jeom wore a dumbfounded expression.

Though prices had risen considerably, an average commoner’s monthly earnings were about two silver nyang. Thirty gold nyang was equivalent to a minister-level official’s annual salary.

Kim Jeom unconsciously muttered.

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

***

[Note 1] Korea Classical Translation Institute https://m.itkc.or.kr/bbs/boardView.do?id=75&bIdx=31916&page=1&menuId=125&bc=6