Court Orders Lawyer to Pay Damages for Missing School Violence Trial

The Supreme Court has finalized a ruling requiring attorney Kwon Kyung-ae to pay 65 million won in damages to the bereaved family of a school violence victim. In addition to the alimony, the court determined that a previously promised agreement amount of 90 million won must also be paid.

Professional Negligence and Trial Absence

The case stems from a lawsuit filed by the family of Park Joo-won, who passed away in 2015 after suffering from school violence. The family had pursued legal action against the perpetrators and the school, but the proceedings ended unexpectedly due to the actions of their legal representative.

Attorney Kwon Kyung-ae failed to appear at three separate appellate hearing dates. Under the Civil Procedure Act, this resulted in the lawsuit being deemed withdrawn. The attorney failed to notify the bereaved family of this development for five months, causing the deadline for a final appeal to pass and the judgment to become permanent.

The Path to Financial Restitution

The bereaved family subsequently filed a lawsuit seeking 200 million won in compensation, citing the infringement of their right to a trial. Both the first and second trial courts recognised the attorney’s gross negligence.

The award for alimony increased from 50 million won in the first instance to 65 million won in the appellate court, a figure that has now been upheld by the Supreme Court.

The 90 Million Won Agreement Dispute

A significant point of contention involved a 90 million won agreement Kwon had signed promising payment after the family learned of the loss. The second trial court had previously denied this payment, arguing that the agreement was conditional upon a ban on media coverage, which had been violated.

However, the Supreme Court overturned this reasoning, stating that the agreement document did not explicitly list the prohibition of media coverage as a condition for payment. The case has been sent back to ensure the agreement amount is paid.

Potential Next Steps

The bereaved family has expressed their intention to hold the attorney fully accountable for the failure to hold the perpetrators responsible for the school violence.

The family has requested that the court reopen the original school violence damages case. A decision on this request is expected on the 24th of next month. Should the court declare the litigation closed, the family plans to appeal the decision to the Supreme Court.

Frequently Asked Questions

Why was the original lawsuit deemed withdrawn?
The lawsuit was considered withdrawn under the Civil Procedure Act because the representing attorney, Kwon Kyung-ae, failed to attend three appellate hearing dates.

What was the Supreme Court’s decision regarding the 90 million won agreement?
The Supreme Court ruled that the money must be paid because the agreement did not explicitly state that the payment was conditional on the absence of media coverage.

What is the current status of the original school violence case?
The bereaved family has requested a retrial of the case, with a court decision expected on the 24th of next month.