The Regulatory Standards of Extraordinary Circumstances in Carriage of Passengers by Air: An Analysis of EU law and Implications for Korea

Abstract

Purpose - The purpose of this paper is to review the statutory framework and Court of Justice of the European Union (CJEU) case law concerning the extraordinary circumstances under EC 261/2004 Regulation (the Regulation). This paper also conducts an examination of the compensation liability system of air carriers within the context of Korean aviation transportation laws. Design/Methodology/Approach - This paper studies the scopes, application, and requirements of the extraordinary circumstances in EC 261/2004 Regulation by analyzing cases of CJEU. It seeks to conduct a detailed analysis of extraordinary circumstances in the Korean Aviation Business Act, and contains a comparative analysis between the Regulation and the stance of Korean law. Findings - This paper confirms that previous CJEU cases have taken a stringent and passive stance in recognizing extraordinary circumstances that exempt carriers from compensation liability. Also, it presents some critical views against CJEU perspectives and offers several implications for Korean law in its conclusion. Research Implications - This paper sheds light on legal issues surrounding applications of the extraordinary circumstances in EC 261/2004 Regulation via case law review. In conclusion, it emphasizes the need for amending the Regulation by explicitly specifying the criteria for the application of extraordinary circumstances to better ensure the appropriate fulfillment of air passenger rights protection. This suggests that it is essential to establish uniform legal standards for procedures related to compensation for air passengers in cases of denied boarding, flight cancellation, or flight delays, rather than solely relying on the flight compensation terms and conditions in Korea.