The Supreme Court has upheld a ruling requiring lawyer Kwon Kyung-ae to pay 65 million won to the family of a school violence victim after she failed to appear in court three times during the appeals process. The court also stated that the validity of a 90 million won payment agreement Kwon signed after the fact must be reassessed, potentially increasing her financial liability.
On May 29, the Supreme Court's first division, led by Justice Seo Kyung-hwan, overturned part of the lower court's ruling regarding the settlement claim filed by Lee Gi-cheol, the mother of the late Park Joo-won, and sent the case back to the Seoul High Court.
The Supreme Court confirmed the lower court's decision that Kwon and her law firm, Haemir, must pay Lee 65 million won in damages. The court also upheld the ruling that Haemir must pay an additional 2.2 million won in settlement fees.
At the center of the case is the 90 million won payment agreement Kwon drafted after informing the family of her defeat in the appeals process. Kwon stated she would pay 30 million won annually for three years, totaling 90 million won.
However, the second court did not recognize the validity of this agreement, determining it was based on the assumption that Kwon's misconduct would not be publicly reported. Once the case received media attention, the conditions for payment were deemed unmet.
The Supreme Court disagreed, stating, "The payment agreement does not specify any conditions for the payment, nor does it contain any language that could lead to differing interpretations regarding the existence of such conditions."
The court added, "The objective meaning of the content is clear and leaves little room for alternative interpretations," noting that Kwon, as a legal professional, likely understood the implications and content of the agreement well.
The Supreme Court's reversal of the lower court's ruling on the agreement's validity means the family's claim for the 90 million won settlement will be reconsidered. Depending on the outcome of the retrial, Kwon's compensation could exceed the currently confirmed 65 million won.
The case began when Kwon represented the family of Park Joo-won, a victim of school violence, in their damages lawsuit. The family filed the suit in 2016 against the parents of the perpetrator, the school corporation, and the Seoul Metropolitan Office of Education, with Kwon acting as their legal representative.
However, Kwon failed to appear in court for three consecutive hearings during the appeals process. Under the Civil Procedure Act, repeated failure to attend court without just cause is treated as a withdrawal of the appeal, leading to the confirmation of the plaintiff's loss in this case.
Kwon did not inform the family of her defeat for about five months, causing them to miss the opportunity to appeal. Subsequently, the family filed a separate damages lawsuit against Kwon and Haemir.
The first court deemed Kwon's actions as "gross negligence bordering on intent," ordering her to pay 50 million won in damages. The second court increased the amount to 65 million won, emphasizing that the family's long-standing pursuit of justice for their daughter's death ended in vain due to their lawyer's mistakes.
The Supreme Court found no legal misunderstanding in the lower court's rulings regarding damages and property loss, maintaining those decisions.
As a result of this case, Kwon received a one-year suspension from the Korean Bar Association in 2023.
Meanwhile, the main lawsuit for damages related to the school violence incident is currently being retried at the Seoul High Court. The family argues that Kwon's absence constitutes an "abuse of agency rights," and thus the withdrawal of the appeal should not be recognized. The Seoul High Court has recently resumed hearings and is expected to deliver a ruling on June 24.
* This article has been translated by AI.
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