Lawyer's No-Show Seals Loss in School Violence Lawsuit; Family Anguished as Court Refuses Reopening

A South Korean court has denied a request to reopen a lawsuit that was effectively lost because the plaintiffs' lawyer failed to appear in court. The family of the victim, Park Ju-won, expressed anguish and disbelief, questioning the judge's decision. The Seoul High Court's Civil Division 8-2 ruled on June 24 that the case, a damages claim related to school violence, was definitively closed on November 10, 2022, due to the deemed withdrawal of the appeal.

The lawsuit was initially filed in August 2016 by the mother of Park Ju-won, who died in 2015. The suit targeted the parents of the student accused of school violence, as well as the Seoul Metropolitan Office of Education and the school's corporate body. The family sought damages for the tragic loss of their daughter.

However, the case took a critical turn during the appellate stage when the lawyer representing the family, Kwon Kyung-ae, failed to attend three scheduled court sessions. Under South Korea's Civil Procedure Act, if a party in an appellate case fails to appear twice, they can apply for a new date within a month. If no application is made or the party fails to appear at the new date, the appeal is considered withdrawn. This procedural rule ultimately led to the family's loss, despite the gravity of the underlying case.

“

Aren't you ashamed, Your Honor?