초록 열기/닫기 버튼
The Montreal Convention 1999 is intended to replace the current complex of the ‘Warsaw Convention’ 1929 and other seven related instruments so as to restore legal clarity and transparency, while ensuring continuity as well as the required modernization in substance.The new Convention has a considerable number of modernized major elements including unlimited passenger liability regime and a supplementary fifth jurisdiction. Regarding liability regime for passengers, an unlimited passenger liability is realized. The Convention introduces a two-tier liability system in case of eventual death or injury of passengers. Under this system, the air carrier would, in the first tier, be subject to a regime of strict liability of up to 100,000 SDRs, irrespective of the carrier's fault, and in the second tire, a regime of presumed fault liability without numerical liability limits. In both tiers, only actual compensatory damages are recoverable and must be proven by the plaintiff. However, simple negligence is sufficient to establish air carrier's liability so that the claimant is no longer confronted with the requirement of proving “willful misconduct” in order to receive full compensation. The Montreal Convention has been hailed as consumer friendly and progressive in nature. If this Convention is ratified by Korea, the airlines in Korea as well as Korean consumers of international air carriage will immensely benefit from the ratification.
키워드열기/닫기 버튼
Montreal Convention, Warsaw Convention, Liability of International Aircarrier, Two-Tier Liability System, Unlimited Passenger Liability, The 5th Jurisdiction.
