On the 5th, it was reported that the second trial ruling required Korea Aerospace Industries (KAI), the helicopter manufacturer, to compensate the state 2.2 billion won related to the Marine Corps helicopter 'Marion' crash incident that occurred in 2018. This amount has increased from the 1.4 billion won ruled in the first trial.
The Seoul High Court Civil Division 38-3 (Directors General Park Sung-yoon, Jung Kyung-geun, Park Soon-young) ruled on the 22nd of last month in the second trial of a lawsuit in which the state claimed damages of over 8 billion won against KAI, stating that 'KAI should pay the state 2.2 billion won,' resulting in a partial victory for the plaintiff. This amount is approximately 775.74 million won more than the 1.4 billion won ruled in the first trial.
On July 7, 2018, a crash occurred during a test flight of the Marine Corps amphibious assault helicopter Marion after maintenance at Pohang Airport, resulting in the deaths of five Marine Corps personnel on board. The joint civil, government, and military investigative committee concluded that the cause of the crash was the 'rotor mast' failure. The rotor mast is a component that receives power from the engine to rotate the helicopter's propeller.
Subsequently, the state filed a lawsuit in June 2021 against KAI, asking for compensation of 8.1 billion won for 'accident response expenses.'
The first trial ruled in February last year that 'KAI is liable for damages since it delivered a helicopter with defective parts,' resulting in a partial victory for the state. The first trial court accepted claims for the cost of the firefighting agent used in extinguishing the fire, the reconstruction of the flight runway, waste disposal service fees, psychological support activities for service members, and the death compensation for deceased personnel.
However, claims for the death compensation paid to the bereaved families, veterans' pensions until the bereaved family's life expectancy, and expenses related to the accident investigation were dismissed. The first trial court stated, 'Death compensation and veterans' pensions are funds paid under the law as a matter of respect and condolence for the deceased and the bereaved, and cannot be considered damages arising from this accident.' Both the state and KAI have appealed the first trial ruling.
Unlike the first trial, the second trial ruled that 'death compensation and veterans' pensions are also damages significantly related to the accident,' indicating that KAI must compensate. The second trial court noted, 'Since the obligation to pay death compensation and veterans' pensions is explicitly stipulated by law, it is reasonable to regard these as damages that KAI knew or could have known at the time of the accident.'
However, the second trial limited KAI's liability ratio to 65%. The second trial court stated, 'Considering that KAI conducted visual inspections of the helicopter's appearance and checked the product quality guarantee, it seems that they could not identify internal cracks in the rotor mast.'