The final ruling in a damages lawsuit against attorney Kwon Kyung-ae, who caused a loss by failing to appear in court after taking on the case of a school violence victim's bereaved family, will come on the 29th.
The Supreme Court's First Division (Presiding Justice Seo Kyung-hwan) will open the sentencing hearing that day in the final appeal of a damages suit filed by Lee Gi-cheol, the mother of a girl surnamed Park who died after suffering school violence, against attorney Kwon and a law firm.
In 2016, Lee filed a lawsuit seeking 500 million won in damages against the perpetrators who bullied the girl. Representing Lee, attorney Kwon secured a partial win at the first trial.
However, from September to November 2022, attorney Kwon failed to appear three times in a row at the appellate hearings and lost. The Civil Procedure Act deems a case withdrawn if a party fails to appear in court three or more times.
Attorney Kwon did not inform the bereaved family of the loss at the appellate level for five months. The family missed the period to appeal to the Supreme Court, and the loss became final.
In response, Lee filed a suit seeking 200 million won in compensation, saying attorney Kwon's negligent representation infringed the rights to a trial and to appeal.
In June 2024, the first trial ordered attorney Kwon and Haemir, the law firm to which Kwon then belonged, to jointly pay 50 million won to the bereaved family. In Oct. last year, the appellate court ordered attorney Kwon and the law firm to pay 65 million won. Lee's side appealed the appellate ruling.
Separately, Lee asked the court to reopen the damages suit against the school violence perpetrators, in which a loss became final because attorney Kwon failed to appear. The Seoul High Court accepted the request and on the 20th held a hearing to determine whether to resume the case. The issue is whether the deemed withdrawal (loss) due to attorney Kwon's failure to appear can be nullified.