Lawyer accused of fraud by family of student she represented after 'trial no-show'

Lawyer Kwon Kyung-ae, already under scrutiny for allegedly missing court dates in a "trial no-show" case, is now facing a fraud lawsuit from the bereaved family of a student she represented. The family accuses Kwon of defrauding them by accepting legal fees while failing to adequately represent their interests, ultimately leading to their case being dismissed.

The lawsuit, filed with the Seoul Seocho Police Station, centers on allegations that Kwon missed two crucial hearings in the first trial. The family claims these absences occurred shortly after her own legal missteps came to light. They assert that Kwon only sought damages for the deceased student's pain and suffering, omitting claims for lost future earnings and other potential damages. Furthermore, they allege she did not inform them about issues concerning the statute of limitations, which arose due to her errors.

The family further contends that Kwon continued to represent them through the appellate stage, collecting fees, without disclosing the statute of limitations problem caused by her mistakes. They believe this conduct constitutes fraud, as she allegedly deceived her clients to obtain money. The student, Park Ju-won, suffered from school violence and died in 2015. The family hired Kwon the following year to sue the perpetrators, the school foundation, and the city of Seoul.

Although the family won a partial victory in the first trial, their appeal was deemed withdrawn, resulting in a final loss, after Kwon missed three consecutive appellate court hearings between September and November 2022. Separately from the fraud lawsuit, the family has also requested the Supreme Court to review the constitutionality of a law that allows a trial to be dismissed solely based on a lawyer's absence, arguing it infringes upon their right to a trial.