A court has recommended a settlement in a remand trial for a damages lawsuit filed by a client against lawyer Kwon Kyung-ae, who caused the client to lose a case by failing to appear in court for a lawsuit involving a school bullying victim. The court recommended that the lawyer pay 90 million won in agreed-upon funds.

The 9-2 Civil Division of the Seoul Central District Court (Presiding Judges Byun Ji-young, Choi Hee-jung, and Seo Chang-seok) issued the settlement recommendation today (July 14) in the remand trial of the damages suit filed by Lee Ki-cheol, the mother of the late Park Ju-won, who passed away after suffering from school bullying.

The court decided that the lawyer should pay the 90 million won in agreed-upon funds as stipulated in a memorandum, along with accrued interest, as well as approximately 1.63 million won in interest on the 65 million won in consolation money confirmed by the Supreme Court ruling.

This decision follows the intent of the Supreme Court's remand, effectively accepting all of the plaintiff's claims.

If neither party raises an objection within two weeks of receiving the court's settlement recommendation, the decision will be finalized and carry the same legal effect as a court-mediated settlement.

The agreed-upon funds, which were the focal point of the remand trial, are based on the contents of an implementation memorandum written by Kwon when she belatedly informed Lee of the loss of the case.

Previously, the second trial court ruled that Kwon had no obligation to pay the agreed amount, reasoning that the agreement was conditional on the lawyer's misconduct not being publicized in the media, and that this condition was broken when it became a news story.

However, in May, the Supreme Court remanded the case, stating that the implementation memorandum did not contain any explicit condition regarding the prohibition of media coverage, and that the obligation to pay the agreed amount remained valid.

As the remand trial court issued a decision in favor of the plaintiff, Lee Ki-cheol's side plans to monitor whether Kwon will file an objection.

Lee Jae-sung, the lawyer representing the plaintiff, stated, "If Kwon's side files an objection to the settlement recommendation and the trial continues, the bereaved family plans to reveal the exact circumstances at the time the memorandum was written through cross-examination and receive a legal judgment on Kwon's claims."

Lee's side also submitted a written opinion to the court on this day stating that cross-examination of the parties is necessary.

Kwon had been representing Lee, the mother of Park, who died in 2015 after suffering from school bullying, in a civil lawsuit filed in 2016 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 did not appear in court and dismissed the remaining claims.

Lee's side appealed, but Kwon failed to appear at three consecutive appellate hearings between September and November 2022, resulting in a total loss of the case.

This was in accordance with the Civil Procedure Act, which stipulates that if a party fails to appear in court three or more times, the lawsuit is considered withdrawn.

Kwon did not inform the bereaved family of the loss 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, arguing that her right to a trial and her right to appeal had been infringed upon due to Kwon's unfaithful representation.

The first trial court ruled that Kwon and her law firm should pay 50 million won in consolation money, while the second trial court increased the amount to 65 million won and separately ordered the law firm where Kwon was employed to pay 2.2 million won to Lee.

Lee appealed to the Supreme Court, challenging the second trial court's dismissal of the claim for the agreed-upon funds.

(Photo: Yonhap News)