[Seocho-dong Legal Talk] Pilot's Promotion Path Blocked by Brake Mistake

"It was just a minor mistake, but receiving such a severe penalty is unfair." Captain A of a certain airline expressed his grievance over the disciplinary action by the Ministry of Land, Infrastructure and Transport (MOLIT) and filed an administrative lawsuit in January 2021.

In April 25, 2020, just before takeoff while piloting a passenger plane, Captain A mistakenly operated the aircraft brakes during the pushback process, where a tow vehicle pushes the aircraft backward, causing the plane to stop. As a result, his pilot license was suspended for 15 days.

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◆ Bolt worth 80,000 KRW damaged, yet 'pilot license suspension' imposed

At the time of the incident, Captain A activated the parking brake by mistake during the pushback when the tow vehicle was pushing the aircraft backward. The aircraft suddenly stopped, but the tow vehicle continued moving, resulting in the breakage of two safety pins and two bolts connecting the tow bar. The replacement cost for the parts was about 80,000 KRW. The 137 passengers disembarked and were distributed onto subsequent flights.

According to the airline’s pilot operation manual and flight regulations, brakes must not be used during pushback except in emergencies. The MOLIT suspended Captain A’s "transport pilot certificate" for 15 days, citing violation of this regulation.

The Aviation Safety Act stipulates that "MOLIT may order suspension of the validity of certificates of aviation personnel who do not comply with the operating regulations of the airline to which they belong."

Captain A argued that the regulation prohibiting brake use during pushback refers only to the pedal brake, not the parking brake. Aircraft have two types of brakes: pedal brakes and parking brakes. MOLIT considered both as functions to stop the aircraft and thus prohibited the use of the parking brake during pushback. However, Captain A insisted that he only used the parking brake, which is manually operated by hand, and did not use the pedal brake operated by foot, so the MOLIT’s disciplinary grounds were invalid.

◆ Pilot’s 15-day license suspension... How severe is this penalty?

Captain A eventually filed an administrative lawsuit against MOLIT. During the trial, Captain A’s side pleaded, "The brake operation was a simple mistake, and the damage was minor, limited to an 80,000 KRW bolt."

In particular, "MOLIT’s excessive penalty causes significant disadvantages, such as preventing me from serving as an examiner (instructor) in the future."

Becoming an examiner in an airline carries more significance than a promotion. It is considered an honorary position responsible for training and supervising junior pilots. Examiners receive an additional 35-40% flight time credit and extra duty allowances, significantly increasing their annual salary.

◆ Captain claimed "minor mistake," but court ruled "serious negligence"

According to legal sources on the 3rd, the Seoul Administrative Court’s Administrative Division 5 (Presiding Judge Kim Sun-yeol) ruled that "Captain A’s brake misoperation was serious negligence" and found no problem with MOLIT’s disciplinary action.

The court first noted, "Pilots providing public air transportation services to the public ultimately hold a position to protect the lives, bodies, and property of the people. They have a high duty of care regarding aircraft safety."

The court stated, "Judging by the extent of aircraft damage and repair costs, Captain A’s mistake does not seem to have affected actual flight safety," but added, "Disciplinary action cannot be ruled out solely because the material damage was minor." The court also considered the "inconvenience caused to passengers who had to transfer to other flights."

The court referenced a previous case in 2018 where another captain who operated brakes during pushback received a 30-day suspension of certificate validity. In that incident, the parking brake operation broke the tow bar and caused damage to the aircraft’s nose landing gear, front wheel tires, and tow connection parts. Based on this, the court emphasized that "brake misoperation during pushback poses a considerable risk to aircraft safety."

The court ruled that the parking brake is included in the brakes mentioned in the operating regulations. It explained, "The pedal brake operates gradually according to the pressure applied by the pilot’s foot, but the parking brake stops the aircraft instantly, making it more dangerous."

Furthermore, the court added, "Even considering the fact that Captain A can no longer serve as an instructor, MOLIT’s 15-day suspension of Captain A’s pilot license is not an abuse of disciplinary authority."

Since Captain A did not appeal, the first-instance ruling was finalized as is.

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