The appeals court case for damages filed by the bereaved family of the late Park Ju-won, a victim of school bullying, against the perpetrators has been declared closed, deemed as a withdrawal of the appeal.

The family's request to resume the trial was not accepted.

The Seoul High Court's 8-2 Civil Division (Presiding Judges Oh Young-sang, Im Jong-hyo, and Choi Eun-jung) declared the end of the appeals trial today (June 24), ruling that the appeal filed by Lee Ki-cheol, Park's mother, against the perpetrators is considered withdrawn.

The court addressed Lee, stating, "Regardless of the outcome, our panel would like to express our regret regarding this case," adding, "We wish to offer our condolences to the plaintiff."

The court further stated, "The act of lawyer Kwon Kyung-ae, who caused the appeal to be deemed withdrawn by failing to appear in court three consecutive times during the appellate proceedings, constitutes a willful or grossly negligent violation of the duties entrusted by the plaintiff and the duty of care of a good manager," adding that "the illegality is very serious."

However, the court concluded that the legal effect of the appeal being deemed withdrawn cannot be nullified solely on the grounds that the legal representative failed to appear in court due to willful misconduct or gross negligence.

The court's position is that the requirements of Article 268 of the Civil Procedure Act, which stipulates that a lawsuit is considered withdrawn if the party fails to appear in court three or more times, have been met and cannot be reversed.

Regarding the plaintiff's argument that the court should have served notice of the next hearing date to the party directly if the representative failed to appear, the court stated, "While this could be discussed in terms of institutional improvement, it is difficult to use it as a basis to exclude the effect of the appeal being deemed withdrawn."

As the ruling concluded, Lee shouted at the court in an agitated voice, "Is this the result of your deliberation?" and "Are you not ashamed, judges?"

Although a court security officer issued a warning, Lee protested, "Is it acceptable for the law to do this?" and added, "I asked you to judge the person who committed the wrongdoing, so why didn't you call them as a witness?"

Speaking to reporters, Lee said with tears in her eyes, "If I am a citizen who should be protected by the state, shouldn't there be a way for me to be granted relief?" adding, "It is deeply unfair that I cannot even enjoy the basic rights guaranteed by the Constitution."

Lee stated that she would "try everything possible" and review future response measures.

This lawsuit was filed by Lee, the mother of Park, who took her own life after suffering from school bullying, to claim damages from the perpetrators.

Lawyer Kwon represented Lee, and they achieved a partial victory in the first trial.

However, Kwon failed to appear in court three times during the appellate stage between September and November 2022. Under the Civil Procedure Act, which states that a lawsuit is considered withdrawn if the party fails to appear three or more times, Lee's appeal was deemed withdrawn.

Because Lee was unaware of the loss, she was unable to appeal to the Supreme Court, effectively resulting in the family's appeal being withdrawn without ever having the case heard in the second trial.

Due to Lee's protest, the declaration of the end of the appeal was delayed. After one additional hearing was held in May of this year, the appellate trial was concluded today.

Separately from this case, Lee has filed a damages and consolation money lawsuit against lawyer Kwon.

(Photo: Yonhap News)