Constitutional Court Dismisses Appeal by Family of School Violence Victim Against Lawyer Kwon Kyung-ae

▲ Lee Ki-cheol, mother of a school violence victim

The Constitutional Court has dismissed a constitutional complaint filed by the family of a school violence victim, who argued that a Supreme Court ruling ordering lawyer Kwon Kyung-ae to pay 65 million won in damages for losing their lawsuit due to her absence from court hearings was insufficient.

A designated panel of the Constitutional Court dismissed the complaint filed by Lee Ki-cheol, the mother of the late Park Ju-won, who died after suffering from school violence, during a preliminary review today (June 23), stating that the grounds for the claim were not met.

Previously, on May 29, the Supreme Court partially overturned a lower court ruling in the damages suit filed by Lee against Kwon and her former law firm, ordering a retrial on the issue of the agreed-upon legal fees. However, it upheld the lower court's decision that Kwon and the firm were jointly liable for 65 million won in consolation money.

In response, Lee’s side filed a constitutional complaint, arguing, "The Supreme Court dismissed the remaining six grounds for appeal, excluding the legal fee portion, in a single sentence. This is a clear infringement of the right to receive a reasoned judgment on one's claims and the right to a trial."

In 2016, lawyer Kwon represented Lee, the mother of Park—who died in 2015 after being subjected to school violence—in a civil lawsuit against the perpetrators, the school foundation, and the Seoul Metropolitan Government.

At the time, the first trial court only accepted the claim against one parent who had failed to appear in court and dismissed the rest of the claims.

Although Lee appealed, Kwon failed to appear at three consecutive appellate hearings between September and November 2022. Under the Civil Procedure Act, this resulted in the lawsuit being deemed withdrawn, leading to a loss for the plaintiff.

Kwon did not inform the bereaved family of this fact for five months, and because Lee was unaware of the loss, she was unable to appeal to the Supreme Court, causing the ruling to be finalized in 2022.

Subsequently, Lee filed a lawsuit seeking 200 million won in damages, claiming that Kwon's negligent representation had infringed upon her right to a trial and her right to appeal.

(Photo: Yonhap News)

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