4 Asian Legal Business | January-February 2025 The Briefs Dec. 29, 2024, marked one of the darkest days in Korea’s aviation history, when Jeju Air Flight 7C2216, carrying 181 people from Thailand, crash-landed at South Korea’s Muan Airport. The devastating accident claimed the lives of all passengers and most crew members, leaving only two survivors and unleashing a wave of national grief. As investigations into this tragic incident unfold, multiple critical factors are being examined, particularly the complex legal framework governing liability and compensation. The case falls under the Montreal Convention’s jurisdiction, as both South Korea and Thailand are signatories to this international treaty, which takes precedence over Korean domestic laws in matters of damage compensation, as confirmed by a 2018 Korean Supreme Court Decision. Under the Montreal Convention, international carriers bear strict liability for passenger injuries or deaths in air accidents. However, this liability cannot be excluded or limited up to 151,880 Special Drawing Rights (approximately $200,000), establishing a baseline for compensation regardless of fault. “For damages exceeding this limit, the carrier may be exonerated from liability only if it proves that the damage was not due to its negligence, wrongful act, or omission, but solely due to that of a third party,” explains Woorin Sung, shipping and aviation partner at Korean law firm DR & AJU. Currently, the investigation has encountered a significant technical obstacle: Both the flight data recorder and cockpit voice recorder ceased functioning approximately four minutes before impact - an unusual occurrence suggesting a complete power failure, including backup systems. This premature failure of the black boxes not only complicates efforts to determine the crash’s cause but also raises questions about Jeju Air’s maintenance protocols, potentially expanding their liability exposure. The airline maintains that all maintenance procedures met international standards. While Korean courts typically maintain the carrier’s primary liability under the Montreal Convention in cases involving both operational decisions and manufacturing defects, carriers retain the right to pursue recourse claims against manufacturers. “If defects are found in the aircraft’s design, manufacturing, and labelling, the manufacturer may be liable for damages under the Korean Product Liability Act,” notes Sung. Multiple liability issues cloud investigation into Jeju Air crash In the news 1 International law firm Broadfield has established an office in Hong Kong after hiring three lawyers from Sidley Austin. The trio includes Effie Vasilopoulos, who headed the APAC investment funds group at the latter firm, as well as Sidley counsel Patrick Liu and Huberta Chow. Broadfield will operate in association with local firm Liu, Patrick Ling & Co, founded by Liu. 2 Trinity International, a specialist law firm focused on energy and infrastructure projects in emerging markets, has launched a Singapore office as part of its Asian expansion strategy. The Singapore office will be led by Fiona Gulliford, a former partner of Gide Loyrette Nouel, as head of the AsiaPacific practice, with Maxime Damphousse serving as managing director. 3 Tax and trade attorney Riza Buditomo has left the partnership at Armand Yapsunto Muharamsyah & Partners (AYMP) to launch Anagata Law Firm, which will focus on corporate, commercial, trade and tax work. Joining Buditomo as founding partners are former AYMP associate at Muhammad Ramzi, and former AHP associate Marvin Octavdio. The core team also includes counsel Mochamad Fachri. New disputes firms launched in Singapore by Drew, Oon & Bazul practice heads Siraj Omar SC, former co-head of dispute resolution at Big Four firm Drew & Napier, has launched his own law firm specialising in commercial dispute resolution, marking a significant departure from one of Singapore’s oldest law practices. The new firm, Siraj Omar LLC, will be jointly led by Siraj and Allister Tan, who also exits his director position at Drew & Napier. Joining them are Drew lawyers Larisa Cheng, Joelle Tan, Fitzgerald Hendroff, and Robbie Tan. Meanwhile, three partners of Singapore’s Oon & Bazul, led by former commercial arbitration head Suresh Divyanathan, have left the firm to set up a new disputes-focused law firm called Dauntless Law Chambers. Joining Divyanathan, who will be managing director of the new firm, in the move are partners Aaron Leong and Rachel Leong. Dauntless Law focuses on commercial and intellectual property disputes advisory, arbitration, litigation and mediation, the firm said. It initially has five fee-earners, including senior associates Sarah Khan and Nicole Ng.
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