• The Korean Journal of Air & Space Law and Policy
• /
• v.30 no.2
• /
• pp.279-310
• /
• 2015

The Montreal Convention is an agreement that governs the liability of air carriers for injury and death to passengers travelling internationally by air. The Montreal Convention serves as the exclusive legal framework for victims and survivors seeking compensation for injuries or death arising from accidents involving international air travel. The Montreal Convention sets monetary liability caps on damages in order to promote the financial stability of the international airline transport industry and protect the industry from exorbitant damages awards in courts that would inevitably bankrupt an airline. The Convention allows a litigant suing under the Convention to avoid the liability caps in instances where the airline's culpability for the injury or death is the direct result of negligence, another wrongful act, or an omission of the airline or its agents. The Montreal Convention identifies specific locations as appropriate venues to advance claims for litigants seeking compensation. These venues are closely tied to either the carrier's business operations or the passenger's domicile. In March 2015, in an act of suicide stemming from reactive depression, the co-pilot of Germanwings flight 9525 intentionally crashed the aircraft into the French Alps killing the passengers and the remaining crew. Subsequent to the crash, there were media reports that Lufthansa made varying settlement offers to families of the passengers who died aboard the flight ranging from $8,300 USD to $4.5 Million USD depending on the passengers' citizenship. The unverified offers by Lufthansa prompted outcries from the families of the decedent passengers that they would institute suit against the airline in a more plaintiff friendly jurisdiction such as the United States. The first part of this article accomplishes two goals. First, it examines the Montreal Convention's venue requirement along with an overview of the recoverable damages from countries comprising the citizenship of the passengers who were not American. The intentional crash of Germanwings flight 9525 by its First Officer encompasses the possibility that Lufthansa may be exposed to unlimited compensatory damages beyond the liability caps contained in the Convention. The second part of this article explores the application of the Convention's liability limits to the Germanwings flight to demonstrate that the likelihood of escaping the liability limits is slim.

• 한국항공운항학회:학술대회논문집
• /
• 2015.11a
• /
• pp.231-236
• /
• 2015

Ever since the permission of overseas travel by the Chinese government in 1983, the Chinese outbound travel market has been growing at an expanding rate. The Republic of Korea has been able to reap great benefits from this growth, and this has been noticeable especially in the aviation market. Chinese passengers count for 23.9% of the total passengers at Incheon International Airport (IIA), and it is no doubt Chinese passengers will remain important customers for IIA. Given the fact that China has such a huge territory and possesses a population of more than 1.3 billion, there rises the need to divide China into smaller regions. By doing so, the different thoughts Chinese passengers have, and the actions they show in terms of travel and airport service consumption according to differing regions can be figured out. With knowledge of the differences, IIA can provide different services to fit Chinese passengers from differing regions, hence increasing the total consumer value and satisfaction rate of IIA. This study has divided China into 5 different regions according to official regional recognition of China, and difference of economical, social factors, etc... With the results obtained from this study, different strategies can be implemented for the 5 regions.

• Journal of the Korea Academia-Industrial cooperation Society
• /
• v.20 no.5
• /
• pp.520-529
• /
• 2019

This paper has made an empirical research on airline staff working at Incheon international airport, who perceived safety culture in their organization and delivered safety information while the staff were providing service against passengers. The purpose of this paper was to analyze the relationship among safety culture, service quality and service provider efficacy to find out which factor of safety culture had a significant effect on both service quality and service provider efficacy. Following the results from empirical research, this paper would provide administrative implications which could be applied to improve airline's service quality and to manage effectively the airline staff at field. According to research, it was found fairness culture among safety cultures had a positive and significant effect on both service quality and service provider efficacy. However, reporting/studying culture had a negative effect on them. In other words, it would decrease airline service quality and prevent active service provider's efficacy at airport if a airline management focused reporting/studying culture of safety. It is important to settle down fairness culture of safety to motivate and improve service quality.