Exclusive: Family of School Bullying Victim Loses Due to Attorney Kwon Kyung-ae's No-show, Decides to Seek Judicial Review
The family of a school bullying victim has requested the court to reopen proceedings, claiming their right to a fair trial was violated when attorney Kwon Kyung-ae failed to attend hearings and thus led to their loss in a damage compensation lawsuit.
The family of the late Park Ju-won, who committed suicide due to school bullying, has requested the Seoul High Court to reopen their case, arguing that their right to a fair trial was violated by attorney Kwon Kyung-ae's absence from hearings. Kwon, who filed a damage compensation suit on behalf of Park's mother, had previously won in the first instance but faced a loss in the appeal due to multiple no-shows, leading to the assumption that the appeal was withdrawn. The family claims they were not informed of the loss in a timely manner, which prevented them from exhausting their legal options within the appeal period.
The family’s legal representative has submitted a request for a hearing to the civil division of the Seoul High Court, citing legal provisions that allow for the revival of a case if a party claims that withdrawal of a suit is invalid. This claim rests on the assertion that Kwon's absences could potentially be interpreted as willful and therefore should not warrant an assumed withdrawal of the appeal. Furthermore, they argue that the court's notification was only sent to the attorney and not to the family, infringing upon their constitutionally guaranteed right to a fair trial.
If the application is accepted, the appeal proceedings could be reinstated, though experts suggest that the probability of this happening is low based on existing legal precedents. In the absence of reopening the case, the court is likely to dismiss the application, which would lead to the conclusion of the lawsuit. Consequently, the family plans to utilize the upcoming judicial review to challenge the Supreme Court's final decision as they seek to uphold their rights and recover damages for their loss.