Jeju Air Faces 'Flight Suspension' Risk After Filing Fine Cancellation Lawsuit

Incheon International Airport / Yeongjongdo Photo by Kim Hyunmin

[Asia Economy Reporter Kim Daehyun] Jeju Air, which transported hazardous materials on its aircraft, filed a lawsuit against the fine imposed but is now facing a potential 'suspension of operations' penalty.

According to the legal community on the 27th, the Administrative Court of Seoul, Administrative Division 7 (Chief Judge Kim Gukhyeon) recently ruled in favor of Jeju Air in a lawsuit seeking to cancel a fine of approximately 1.2 billion KRW imposed by the Minister of Land, Infrastructure and Transport. However, the court stated that "imposing a fine instead of suspending operations was illegal." If the ruling is finalized, the Ministry of Land, Infrastructure and Transport may reimpose the suspension of operations on Jeju Air.

Previously, from January 1 to April 25, 2018, Jeju Air transported a total of 546 pieces of equipment containing lithium-ion batteries (ELI) or lithium metal batteries (ELM), designated as hazardous materials under the Aviation Safety Act, on the route between Incheon and Hong Kong 20 times without permission from the Ministry of Land, Infrastructure and Transport. In response, the Ministry imposed a fine on Jeju Air. This was done instead of suspending operations, considering the expectation that international air transport would recover with the start of COVID-19 vaccinations.

However, Jeju Air filed an administrative lawsuit seeking to cancel this penalty. During the trial, Jeju Air argued that it was difficult to know whether the transported items required permission as hazardous materials, that the official documents from the authorities were unclear, and that this violated the Basic Korean Language Act.

The court ruled in favor of the plaintiff. However, it emphasized that "the conditions for imposing a fine instead of ordering suspension of operations were not met." It stated that there was insufficient evidence to prove that suspending operations would cause severe inconvenience to aircraft users or harm the public interest.

Furthermore, the court pointed out, "Air transport operators can predict the content and scope of hazardous materials regulated by technical standards under the Aviation Safety Act," rejecting Jeju Air's claim that it was difficult to know whether the items were hazardous materials.