"Even a Small Court Can Deliver Great Law and Justice" A Heated Mock Trial Rivaling Real Court Proceedings

Scenes from the Competition
Intense Legal Debates Unfold in Civil and Criminal Finals
Judges Emphasize the Importance of Social Norms and Amicable Solutions

"The deposit is subject to the commercial statute of limitations from the time the contract is concluded, so there is no obligation to return it."

"No, since it is a contract without a fixed term, termination is valid at any time, and the deposit must be returned."

On the 21st, the final round of the 16th Gain Courtroom Debate Competition in the criminal division is being held at the Seoul Central District Court Criminal Courtroom.

On the afternoon of the 21st, at the Civil Grand Courtroom of the Seoul Court Complex in Seocho-dong, Seocho-gu, Seoul, the Civil Division 47 held a hearing for 2024gahap135796, a lawsuit for the return of a deposit. This was the final round of the 16th GAIN Moot Court Competition in the civil category. Prospective legal professionals engaged in intense legal debates while cooperating and cheering for their colleagues.

In the civil final, the issues presented included △the starting point of the statute of limitations for the right to claim the return of deposited goods △the method of notification as a requirement to recognize the effect of suspension of the statute of limitations on the debtor △waiver of the benefit of the statute of limitations after its completion and the limitation of statute of limitations defense based on the principle of good faith. The arguments proceeded in the order of summary of issues by plaintiff and defendant, main arguments, rebuttals, and comprehensive arguments. The bench asked participants questions intermittently to verify their reasoning.

The presiding judge of the civil final, Moon Gwangseop (59, 23rd class), Chief Judge of the Seoul High Court, said, "Participants engaged in thorough debates on complex legal issues such as the statute of limitations, acknowledgment of debt, good faith, and the principle of changed circumstances," and added, "The judges highly appreciated that participants prepared written submissions based on concrete grounds and effectively conveyed them during the arguments." He further emphasized, "In legal judgment, it is important to reflect once again whether the logical conclusion aligns with social norms and public expectations after deriving it," and urged, "In practice, it is also necessary to seek amicable solutions through mediation rather than compulsory judgments."

At the same time, the criminal final was held at the Criminal Grand Courtroom of the Seoul Central District Court. "The defendant consistently testifies that they entered the building without intent to steal. The prosecution must clearly prove whether there was intent to steal during the nighttime trespassing," argued a defense participant. The prosecution countered, "The defense claims it is inappropriate to consider personal characteristics in determining intent, but this is tantamount to demanding proof of intent without considering personal characteristics." After intense legal debates, when the arguments concluded, law school students playing the roles of defense attorneys and prosecutors exchanged bright smiles and said, "Thank you for your hard work."

The criminal final issues included △whether breach of trust is established in cases of double sale (disposition) of real estate △whether breach of trust is established due to double disposition △whether videos filmed by investigative agencies without a warrant for investigative purposes are admissible as evidence △whether the police officer’s courtroom testimony regarding witnessing the crime scene in the video is admissible as evidence.

The presiding judge of the criminal final, Nam Seongmin (55, 24th class), Chief Judge of the Seoul High Court, praised the participants’ efforts and passion, saying, "Despite being a mock trial, the arguments were so intense and serious that it was hard to distinguish from an actual trial." He added, "Especially in criminal trials, it is important to always keep in mind that it involves people and to approach substantive truth through dialogue with the opposing party," and encouraged, "Rankings are just numbers; based on today’s experience, I hope everyone walks the path of a legal professional with the mindset that they are all winners."

Cheon Dae-yeop, Director of the Court Administration Office, delivering a congratulatory speech. Photo by Baek Seong-hyun, Legal News Reporter

Cheon Daeyeop (61, 21st class), Director of the Court Administration Office, expressed deep gratitude to the law school students participating in the competition, saying, "We must pursue ‘awakened justice’ that aligns with the constitutional values of the community, socio-cultural contexts, and the spirit of the times, rather than blind pursuit of justice." He advised, "It is important to argue not only relying on legal texts and precedents but also to see through the substance of the case and the values contained within, remembering that great law and justice can emerge even in small courtrooms." He encouraged, "In the era of artificial intelligence and changing legal environments, I hope you develop expertise as legal professionals and become trusted by the public based on courage, a sense of justice, human rights awareness, and balance."

Reporter An Jaemyung, Reporter Kim Jihyun, Legal Times

※This article was written using content provided by Legal Times.

※This article is based on content supplied by Law Times.

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