Who defends you?

Eric 2022-04-22 07:01:52

Let’s start with a little digression: I secretly think that in the current Asian film circle, Korean films are comparable to national football and occasionally weird Chinese films compared to Japanese films that are dead in the sunset and the west, and Indian films that are oriented towards the nation and have a lot of singing and dancing. , and Thai films full of bloody horror elements, whether it is the height of perspective, the depth of arguments, the storytelling of the script, and the cutting-edge technology, they are all leaders of Asian films. Of course, this is only in terms of the film industry. The author has never had a favorable impression of seriously stereotyped and low-minded Korean TV dramas. Compared with the increasingly mature Korean film industry, this is indeed a very interesting phenomenon.
Closer to home, the author, as a student from the Criminal Justice College, should be considered a law major. While watching this film, I should have more ideas than my non-law majors. If you have a certain degree of understanding of the history of the pro-democracy movement in South Korea in the 1970s and 1980s, you can guess that the prototype of lawyer Song Youshuo in the movie is the 16th President of South Korea, Roh Moo-hyun, who only has a high school education, and obtained national judicial qualifications in his 30s. Business lawyers have transformed into famous human rights lawyers, and behind all this is the dictatorship of the Chun Doo-hwan military government, the high-pressure attack on the pro-democracy movement and the white-hot process of the pro-democracy movement, which reached their peak during the Gwangju Incident in 1980. The case of the "Bu Duu Union" corresponds to the "Burim Incident" that Roh Moo-hyun was in charge of defending. It happened after the Gwangju Incident, at a time when the military government was complacent about its violent suppression and reign of terror.
Song Youshuo, you can also directly say that Roh Moo-hyun is indeed a grassroots citizen in Korean society, without any background, not even a beautiful diploma or education. Passed the national judicial examination. By the way, China's national judicial examination is known as "the best test in the world" for its breadth of scope, difficulty of test questions and a pass rate like hell, and South Korea's judicial examination is also called hell difficulty: divided into In the initial test, retest and interview, the final pass rate is even less than 3%, which is even higher than that of the Chinese Judicial Examination. The author is also preparing for the judicial examination, and I hope that my efforts will eventually be rewarded.
As an ordinary person, Song Youshuo is not a high-profile figure - at the class reunion, he even scolded the students who were demonstrating at the class reunion for being just too lazy to study, shouting a few slogans could not change the society, and then initiating a drunken madness. Before taking over the "Fu Du Dulian" case, he also looked around: on the one hand, the opportunity to accept the entrustment of a large enterprise, on the other hand, the ardent hope of his senior mentor; . Song Youshuo loves money, but he places more emphasis on feelings, which can be seen from the fact that he spent a lot of money to move into the building he built with his own hands, and prepared a generous reward to thank the proprietress who ate the overlord meal; he knew very well that once he was involved in this "National Security Law" case, either become an accomplice of the dictatorial state apparatus, or fight to the end with the inhumane military government, there is absolutely no gray area, and Song Youshuo chose to take the lead at the beginning of the trial without hesitation, pointing out that the defendant was bound conduct in violation of the Criminal Procedure Law.
In a modern country ruled by law, a sound and normal judicial system should at least realize the independence of the three parties of the public security, prosecutors and the law. In the film, the judges, prosecutors and police officers are all in unison, as if three mountains lie between the lawyer Song Youshuo, who is holding a pile of documents. In front of him, coupled with other defenders who had no intention of participating in the defense at all and just wanted to convict and close the case as soon as possible, he seemed to be a warrior fighting alone in court. The principle of presumption of innocence, the principle that the defendant shall not testify against himself, the rule of exclusion of illegal evidence, the rule of supplementary evidence for confessions, and even the criminal suspect's minimum rights to life and health and personal dignity have all been trampled under the ruthless state apparatus. Next; the police and soldiers teamed up to arrest criminal suspects without a warrant and tortured them to extract confessions, judges and prosecutors teamed up to lure defendants into confessions, and prosecutors and police teamed up to ambush and frame soldiers who dared to testify in court, originally to maintain normal judicial order. The three-legged action has become a stinger against the defender and the defendant in the court at this moment. This ugliness is not inferior to the medieval court of inquisition.
In order to find evidence to refute, lawyer Song Youshuo spent the night reading the so-called "banned books", and then contacted the British consulate to obtain a certificate; when he was exploring the place where the defendant was secretly detained, he was severely beaten by police who called themselves patriots . This police officer Che is a model figure of the military government's successful brainwashing. He regards progressive young people who love reading as red elements who bring harm to the country and the people, regards torture as a just act to safeguard national security, and regards the national security law that tramples on human rights as supreme. code. When extorting confessions from the young people in the little black house, all kinds of vicious torture methods were used to the extreme; until the end of the trial, he still tried every means to put the defendant in jail, and in this kind of person , you cannot see the possibility of its awakening of conscience and humanity.
Some sharp-eyed people may ask, in such a dark judicial system, why was Song Youshuo able to obtain the defendant's injury report? This is a good question, because even under the dictatorship of Chun Doo-hwan's military government at the time, South Korea's forensic identification institutions could still remain relatively independent, and defense lawyers could obtain the forensic injury report according to law, which became quite strong evidence , which is to be applauded. It is a pity that no matter how the police officer Che denied the existence of torture and even suggested that the defendant abused himself, with this injury report, at least the reasonable doubt of corporal punishment could not be ruled out. Even if Song Youshuo's strong evidence constitutes a strong chain of evidence, the judge cannot be expected to exclude the defendant's self-report of guilt.
In the last quite sensational plot in the film, nearly 100 Busan lawyers who make up Song Youshuo's defense lawyer team dare to stand up for judicial justice and democratic freedom, reflecting from one aspect that the dictatorial government's oppressive power over society is declining. Foresaw the final victory of the Korean pro-democracy movement. And Song Youshuo was ridiculed in front of his lawyers at the beginning of his career, until he became a defendant and was protected by a human wall built by his lawyers. The change in this period is indeed very sad.
The plot of the proprietress' crazy search for her son is not completely fictional. You must know that in some corners of some countries, secret arrests, corpses are still happening, and lawyers are threatened with life. . After watching the movie "The Defender", it is not only the plot in the film that is worth moving - Koreans are making such movies, Koreans are watching such movies, Koreans are telling such stories, Koreans are While doing this kind of reflection, no matter what prejudice you have about this country and this nation, at least at this moment please respect those who dare to stand up.
"The only reason why evil is rampant is that good people do nothing." - Edmund Burke

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Extended Reading

The Attorney quotes

  • Choi Soon-ae: Old debts are settled by face, not money.

  • Jin-woo: You can throw dozens of eggs, but it can't hurt a boulder... As weak as eggs are, they are still living things... Boulders will break into dust, but eggs will hatch with life.