T’way Air has been ordered by the court to compensate the damages incurred by passengers as it delayed a flight to Osaka, Japan, by 11 hours.
According to the airline industry on the 21st, the Seoul Western District Court sent a mediation recommendation stating that T’way Air must compensate 150 passengers of the delayed flight for each emotional distress and proven economic damage by April 30.
This comes about six months after passengers collectively filed a lawsuit in July last year. They demanded damages of over 90 million won for losses due to transportation and accommodation costs, as well as cancellation of travel plans, asserting that the flight delay was caused by the airline.
The flight in question was TW283, which was headed to Osaka, Japan, on June 13 last year. The flight was originally scheduled to depart Incheon International Airport at 12:05 p.m., but it took off only at 11:04 p.m. due to aircraft malfunction.
Of the 310 passengers at that time, 204 canceled their boarding due to the delay. The remaining passengers had to wait in the cabin for about three hours after boarding, with one passenger collapsing due to panic disorder.
Passengers believed that the delay occurred because T’way Air replaced the aircraft. The aircraft originally assigned to the Osaka route (HL8500) did not have any issues.
However, a malfunction occurred on the Croatia Zagreb-bound flight (HL8501), which was scheduled to depart at 11:05 a.m. the same day, prompting the company to substitute the two flights.
Kim Ji-hye, the attorney representing the passengers in the collective lawsuit, stated, “The aircraft originally assigned to the Osaka route had no defects, but the boarding aircraft was canceled just before takeoff and then deployed on another route. It is difficult to expect that the airline took sufficient measures to avoid the passengers' losses, and thus the responsibility of the airline should be acknowledged.”
Claims also surfaced that T’way Air changed the aircraft to reduce the compensation amount. The European Union (EU) mandates that airlines provide up to 600 euros in compensation for delays or cancellations due to airline issues, in addition to refunds.
The court’s mediation recommendation is believed to have recognized a significant portion of the plaintiff’s claims. If T’way Air does not file an objection to the court’s decision within two weeks, it will have the same effect as a judicial settlement. If T’way Air files an objection, the legal battle will continue. A T’way Air representative noted, “We are reviewing the matter.”