'12-Hour Departure Delay Due to Aircraft Damage' Passenger Lawsuit Against Korean Air with 91 Plaintiffs Dismissed

Court: "Aircraft defect not due to maintenance negligence... Appropriate measures taken such as arranging alternative flights"

On the 26th, marking the start of the peak vacation season, Terminal 1 of Incheon International Airport is bustling with travelers heading overseas.
Yeongjongdo - Photo by Kim Hyunmin kimhyun81@

[Asia Economy Reporter Yoo Byung-don] Passengers who filed a lawsuit against an airline claiming a 12-hour flight delay due to aircraft damage lost the compensation lawsuit.

On the 10th, Judge Yoon Sang-do of Civil Division 4 at the Seoul Southern District Court announced that the court dismissed the plaintiffs' claim in the lawsuit filed by 91 Korean Air passengers, including Mr. Kim, demanding 700,000 KRW per person in compensation from Korean Air.

At 9:40 PM on August 4th last year, a sharp scratch was found on the wing of a Korean Air aircraft scheduled to depart from Gimhae Airport to Guam. As a result, the airline had to stop the boarding process 16 minutes before the scheduled departure time.

Subsequently, the airline announced boarding delays six times before finally resuming the boarding process. Passengers completed boarding at 10:57 PM, but the airport did not grant takeoff permission, citing the approaching nighttime operation restriction (11 PM).

Passengers had no choice but to disembark, and the airline designated two hotels to transport the passengers. Some passengers chose to stay overnight at the airport due to the late hour. They departed for Guam at 9:38 AM the next day, about 12 hours later than scheduled.

Because of this, passengers filed a lawsuit claiming that the airline caused schedule disruptions due to its mistake but provided no compensation. The airline countered that it bore no legal responsibility, leading to the lawsuit.

The court judged that the airline took all reasonably required measures.

The plaintiffs argued that Korean Air might have damaged the aircraft while loading in-flight meals or baggage and that the airline should have carried spare parts to prepare for such damage, but the court rejected these claims.

The court stated, "The damage to the aircraft at that time was caused by external factors such as foreign substances on the runway, unrelated to aircraft defects or the defendant's maintenance negligence," and "It was impossible for the defendant to take preventive measures in advance."

It added, "It is difficult to view the time taken for Korean Air to inquire with the aircraft manufacturer about repairs and receive a response as unreasonably long," and "The airline provided accommodations, shuttle buses, and meals for passenger convenience, and there is no basis to consider that the time taken for arranging alternative flights, boarding procedures, and departure significantly exceeded normal durations."

This content was produced with the assistance of AI translation services.