A legal battle is intensifying over a school violence lawsuit, as lawyer Kwon Kyung-ae has filed an appeal against a court’s order to pay 90 million won (approximately $65,000 USD) to the plaintiff. The appeal stems from Kwon’s failure to appear for scheduled hearings, leading to a default judgment in the case representing the bereaved family of a victim of school violence.
Background of the Lawsuit
The original lawsuit was filed in 2015 by the bereaved family of Park Ju-won, who died as a result of school violence. They sought 500 million won (approximately $360,000 USD) in damages from the perpetrators and their guardians. Lawyer Kwon Kyung-ae represented the bereaved family, initially achieving partial success in the first trial.
However, during the second trial phase in September, October, and November of 2022, Kwon failed to attend three consecutive court sessions. Under South Korean civil procedure law, a lawsuit is presumed to be withdrawn if a party fails to appear for three or more hearings without a valid reason. This led to the default judgment against Kwon’s client.
The Default Judgment and Appeal
On March 14, the court ordered Kwon Kyung-ae to pay approximately 90 million won in contractual damages to Lee Ki-cheol, the mother of the deceased student. Additionally, the court ordered her to pay 1.63 million won (approximately $1,200 USD) in delayed damages on the court-approved legal costs of 65 million won (approximately $47,000 USD). This order was a direct mediation proposal from the court to the parties involved.
Kwon Kyung-ae, however, did not accept this mediation. Instead, she requested a formal trial to re-examine the case. Her appeal challenges the court’s decision, arguing that the matter requires a full trial rather than a mediated settlement.
The plaintiff’s side, represented by a different legal team, also filed an appeal with the court. They are seeking a judgment that includes an assessment of lawyer Kwon’s alleged misconduct. By filing appeals, both parties have nullified the court’s earlier mediation order, meaning the case will proceed to a full trial.
Consequences for Lawyer Kwon
Kwon Kyung-ae’s failure to appear in court and subsequent default judgment had significant repercussions. She did not inform her client, the bereaved family, about these developments for five months. Furthermore, she missed the deadline to appeal to the Supreme Court, solidifying the default judgment.
As a result of this incident, Kwon Kyung-ae received a one-year suspension from the Korean Bar Association.
Further Legal Action
In 2023, the bereaved family filed a separate lawsuit against lawyer Kwon Kyung-ae, seeking 200 million won (approximately $145,000 USD) in damages. They allege that Kwon’s negligent handling of the case deprived them of their right to a trial and appeal. The initial ruling in this damages suit ordered Kwon and a legal professional to pay 50 million won (approximately $36,000 USD) in damages.
The appellate court increased the damages to 65 million won (approximately $47,000 USD) and ordered a legal professional to pay 2.2 million won (approximately $1,600 USD). The plaintiff’s side appealed this decision, and the Supreme Court remanded the case back to the appellate court.
The mother of the deceased student has indicated plans to file a criminal complaint against lawyer Kwon Kyung-ae on suspicion of fraud, and to increase the amount of damages sought in the civil suit.
The Path Forward
With both parties appealing the court’s mediation order, the original school violence lawsuit will now undergo a full trial. The court will re-examine the evidence and arguments presented by both sides. The outcome of this trial will determine the final compensation for the bereaved family and address the alleged professional misconduct of lawyer Kwon Kyung-ae.
This case highlights the critical importance of diligent legal representation and adherence to court procedures. The appeals process ensures that all parties have the opportunity for a fair hearing, even after initial judgments or mediations.
