[이데일리 이배운 기자] It was later revealed that lawyer Kwon Kyung-ae, co-author of “The Black Book of the Fatherland,” failed to attend a trial for compensation for victims of school violence and lost the case. comes out
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Attorney Park Sang-soo, former vice president of the Korean Bar Association, argued on his social media on the 8th that “this case that caused irreversible damage to the client is a matter that can be severely punished.”
Attorneys are given the duty of sincerity, the duty to consult on case handling, and the duty to maintain dignity under the Attorney Law and the Code of Ethics. Attorney Kwon did not diligently handle the acceptance affairs and did not notify the client even though the lawsuit could not proceed, violating the duty to consult on case handling, and this is a diagnosis that corresponds to ‘expelling’ according to the Bar Association Disciplinary Rules.
Attorney Park pointed out, “In similar cases, disciplinary action has been confirmed, from minimum suspension to maximum expulsion.
Some argue that the lawsuit should be pursued again or a retrial should be requested to relieve the victim’s injustice, but it is observed that the possibility that the court will accept this is very small. A retrial is a procedure in which a judgment is retried when there is a serious error in the judgment of the court.
In the case of the first trial, even if the lawsuit is withdrawn due to non-appearance, the lawsuit can be filed again. However, if you do not appear in the trial of the second trial, you will not be able to file a lawsuit for the same reason again because the judgment of the first trial is finalized.
In addition, Article 451 of the Civil Procedure Act presents 11 reasons for retrial, but lawyer Park explains that the case where the plaintiff’s representative does not appear is not applicable anywhere, and there is no related precedent, so the possibility of being cited is extremely small.
However, since this case is a case where the lawyer’s unfaithful handling of work has caused irreparable damage, it is expected that attorney Kwon may claim damages either individually or at the law firm to which he belongs.
Attorney Park said, “Recently, most law firms and practicing lawyers have liability insurance, so if you file a claim for damages, the insurance pays you.” pointed out
Regarding the issue of compensation for litigation costs following a loss, he pointed out, “Currently, the Seoul Metropolitan Office of Education has announced that it is considering not claiming litigation costs, but it is unknown whether other defendants will do the same.”