Liability of the Air Carrier in South Korea under Montreal Convention

The Montreal Convention for the Unification of Certain Rules for International Carriage by Air adopted by the ICAO in 1999 came into force on 4 November 2003. It has also exercised a considerable influence on national legislation. The main feature of the liability regime of the air carrier under the Montreal Convention is the two-tier liability system for death or injury of the passenger with strict liability up to 100,000 SDR and presumptive liability with a reversed burden of proof without any limit above that threshold. Korea has made the national legislation of the Part VI the Carriage by Air of Commercial Code on April 29,2011. The national legislation of the Part VI the Carriage by Air of Commercial Code of Korea has the provisions on the liability fordamage caused to passenger, the liability for damage caused to baggage, and the liability for damage caused to cargo. It has adopted the main principles of the liability of the air carrier under the Montreal Convention. The national legislation relating to the liability of the air carrier by the Korean government will contribute to the efficient settlement of the dispute on the carrier’liability in respect of the carriage of passengers, baggage and cargo by air,and provide proper compensation to the passenger or consignor who has suffered damage,subject to the defenses and limitations it sets out.