Jeju Air, which was involved in a collision with the external wall during the landing process at Muan International Airport, resulting in 179 fatalities, is expected to face challenges avoiding responsibility, including potential business suspension, depending on the outcome of the investigation. Previously, Asiana Airlines also received a flight suspension due to a collision incident that occurred while landing at San Francisco International Airport.
Experts noted that although the exact cause of the Muan tragedy has not been determined, if it is not concluded to be an unavoidable accident caused by a bird strike, Jeju Air is unlikely to evade responsibility.
According to the aviation industry on the 3rd, Asiana Airlines received a 45-day suspension for its direct flight route from Incheon to San Francisco due to the landing accident involving flight 214 that occurred in July 2013. The incident happened when a Boeing 777-28E/ER collided with a seawall while attempting to land at San Francisco International Airport. Three people died, and 187 were injured (49 seriously, 138 with minor injuries).
The accident occurred when the pilots, who were not in a stable approach state for takeoff and landing operations, failed to execute a go-around and landed with a high descent rate, flying lower than the normal glide path.
The investigation revealed that Asiana Airlines had assigned a trainee pilot performing the role of captain for the first time alongside a flight instructor also performing their role for the first time. The Ministry of Land, Infrastructure and Transport found that Asiana Airlines violated its significant duty of care regarding the airline's seniority and supervision, taking disciplinary action 1 year and 4 months after the incident in November 2014.
At the time, the aviation law (now abolished) stated that the incident warranted a 90-day flight suspension, but the ministry applied the maximum reduction of 50% considering the dedicated response of the crew that minimized casualties. Asiana Airlines filed a lawsuit to cancel the flight suspension, but in October 2019, the Supreme Court ruled that the suspension was justified, confirming the disciplinary action.
Industry insiders believe that Jeju Air, the subject of the recent tragedy, is also likely to face disciplinary action when viewed in light of Asiana Airlines' case. Since it is presumed that multiple factors contributed to the accident, if any negligence is found on the part of the airline, it will bear the responsibility for the accident under current law.
According to current aviation safety law, if the Minister of Land, Infrastructure and Transport causes an aircraft accident due to willful or gross negligence, or if there is a significant failure in the management and supervision of the airline's workers, he or she may revoke the air traffic business certification or order a suspension for a period not exceeding six months.
If negligence on the part of the airline is established in the Muan Airport accident that resulted in 179 fatalities, a business suspension of up to 150 days may be imposed on the Thailand-Muan route. This corresponds to the second-highest level of punishment. In the highest case, with 200 fatalities, certification revocation or a 180-day suspension may be imposed.
Oh Se-cheol, a legal expert in aviation law, noted, "So far, the airline's fault cannot be seen, but we cannot say it is 100% absent. If it is determined that there was human error based on the black box or communication records, the airline will also bear responsibility; however, if the issue was due to an unavoidable bird strike or an aircraft defect despite the airline following the manual for maintenance, the airline may not be held accountable."