Anticipated Effect of Serious Accident Punishment Act on Air Transportation Industry's Flight Safety Promotion

Seong-Nam Koo, Jang Ryong Lee
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Abstract

The Serious Accident Punishment Act has the significance that strict legal penalties are applied to managers who cause damage to human lives in violation of safety and health measures obligations. In the aviation sector, even before the enforcement of the Serious Accident Punishment Act, the role and responsibility of CEO have long been emphasized through the application of the SMS or HFACS proposed by the ICAO. However, it was not clear what to do legally if such roles and responsibilities were not fulfilled. During COVID-19, many pointed out that Korean low-cost carrier managers lacked interest and investment in flight safety, and that they lacked consideration for recognition and immunity of mistakes to encourage employees to report on company safety issues. Since the implementation of the Major Accident Punishment Act, which was the first case on April 6, 2023, implies that not only pilots but also air transport business managers should consider safety issues together and fulfill their roles and responsibilities, air transport business managers are expected to commit more in detail and actively to promoting flight safety.
严重事故处罚法》对促进航空运输业飞行安全的预期影响
严重事故处罚法》的意义在于,对违反安全和健康措施义务而造成人员伤亡的管理者实施严格的法律处罚。在航空领域,即使在《严重事故处罚法》实施之前,首席执行官的作用和责任早已通过应用国际民航组织提出的 SMS 或 HFACS 得到强调。但是,如果这些角色和责任没有得到履行,在法律上应如何处理并不明确。在 COVID-19 期间,许多人指出,韩国低成本航空公司的管理者对飞行安全缺乏兴趣和投入,他们缺乏对错误的承认和豁免的考虑,以鼓励员工报告公司的安全问题。2023年4月6日实施的首例《重大事故处罚法》意味着不仅飞行员,航空运输企业管理者也应共同考虑安全问题,履行自己的角色和责任,因此希望航空运输企业管理者能更加细致、积极地致力于促进飞行安全。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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