The lawyer my daughter, who died from school violence, sought to appeal her injustice...
Consecutive No-Shows in Lawsuits Lead to Defeat, Injustice Unresolved
Attorney Kwon Kyung-ae, the Party Involved, Suspended for 1 Year
Victimized Student's Mother: "How Should I Go to See My Daughter?"
Criticism has arisen that the one-year suspension penalty given to lawyer Kwon Kyung-ae, who repeatedly failed to appear in court in lawsuits concerning a student victim who died from school violence, is too lenient. The bereaved family, who are the clients, pointed out, "This is why there are criticisms of protecting one's own people."
Lawyer Kwon represented Lee Ki-cheol, the mother of the late Park Joo-won, who died by extreme means in 2015 after suffering from school violence, and filed a civil lawsuit against the perpetrators in 2016. However, he failed to appear three times during the appellate trial sessions from September to November last year, resulting in a loss in November. According to the Civil Procedure Act, if a representative or party to the lawsuit does not appear at the trial date, it is considered that the lawsuit has been withdrawn.
Ms. Lee, Park’s mother, said in an interview with MBC Radio on the 20th, "I am so devastated that I cannot even control myself, not knowing how to face Joo-won tomorrow."
The Bar Association's disciplinary committee announced its decision on the 19th, two days before Park Joo-won's trial date. Lawyer Kwon was given a one-year suspension, which is heavier than the 'six months or more suspension' recommended by the Bar Association's investigative committee but lighter than the 'permanent disbarment' demanded by the bereaved family. Types of lawyer disciplinary actions include permanent disbarment, disbarment (5 years), suspension of up to 3 years, fines up to 30 million won, and reprimands.
Lee Ki-cheol, a bereaved family member of a school violence victim who lost the lawsuit due to Attorney Kwon Kyung-ae's absence from the trial, is waiting for the disciplinary committee members on the afternoon of the 19th at the Korea Bar Association building in Seocho-gu, Seoul, where the disciplinary committee for Attorney Kwon is being held.
[Photo by Yonhap News]
In an interview with YTN, Ms. Lee said, "When the case first broke out, the Bar Association said they would impose a severe penalty, and if permanent disbarment was difficult, I thought they would at least disbar for 5 years. But when I saw the investigative committee suggesting 6 months, I was so shocked that I couldn’t stay silent."
She added, "The investigators said things like 'They considered that if Kwon Kyung-ae loses her financial power, she won’t be able to pay compensation.' Who should I be worried about now? How can I worry about the perpetrator? That’s why there are criticisms of protecting their own people and it’s their own league," she pointed out.
Regarding future plans, she said, "I don’t know what procedures can be taken. When I spoke with a lawyer, I was told that if the Bar Association opens a disciplinary committee ex officio, I cannot file an appeal, only Kwon Kyung-ae can."
When the case came to light late and controversy erupted in April, the consensus was that permanent disbarment is a severe penalty with strict requirements, making it practically difficult. According to Article 91 of the Attorney-at-Law Act, if a lawyer receives two or more suspensions or higher disciplinary actions and then commits the same disciplinary offense again, permanent disbarment can be imposed.
However, there are many voices calling for stronger disciplinary action because the lawyer neglected the basic duty to diligently represent the client in the lawsuit.
Lawyer Kim Jun-woo, who served as a preliminary investigator at a local bar association, said, "From an expert’s perspective and compared to previous precedents, this is a relatively strong punishment," but also agreed with the criticism that the disciplinary action is "protecting their own people."
In an interview with KBS Radio's 'Choi Kyung-young's Strong Current Affairs,' Lawyer Kim agreed with the criticism that the disciplinary standards do not meet public expectations, saying, "Strict punishment is not always the most important, but there is a feeling that the system favors insiders. The Bar Association should consider this, even though they cannot suddenly raise the disciplinary level."
Ms. Lee is currently pursuing a damages lawsuit worth around 200 million won against Lawyer Kwon and two others. She claims that the lawsuit has been delayed because Kwon did not accept the documents.
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She said, "Although Kwon admitted fault through the media, she did not provide her address, so the documents were not received until June 15. The lawsuit can only start once the documents are delivered, and three months have passed since the lawsuit began. She kept delaying by not accepting the documents. How can this be sincere as an apology?" she questioned.
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