Over the past half century, Korea has established itself as one of the regional hub for airline passengers and cargoes, with the Incheon Airport becoming one of the busiest airports in the world. Lee & Ko’s Aviation Practice Group grew along with the aviation industry. With the exponential growth in international trade and travelling, we have seen the steady rise in the number and the complexity of disputes concerning air transport services. Considering that, unlike other modes of transportation air transport disputes are governed by a relatively unique set of rules and standards based on the legal principles established under the framework of the Warsaw Convention and Montreal Convention, the past experience in the industry and the familiarity with these rules and standards are absolute musts for any legal service in this area.

Being led by the senior lawyers with more than 20 years of experience in the field of aviation law, the Group has the highest level of expertise and industry-specific experience that clients can depend on when they run into aviation-related disputes. Lee & Ko has handled countless cases in virtually all areas of aviation law including airline crash cases, cargo claims, passenger injury and death claims, delays in transport, air transport related insurance matters, etc. since 1970s, when the air transport business in Korea began. Since then, we have accumulated a wide array of experiences and knowledge in this practice area and have established a strong and close network with the major airline companies in the world and the leading overseas law firms specializing in aviation law.

Expertise

Aircraft Crashes

Although air transport is a reliable and safe means of transportation in comparison to other modes of transport, airplane crashes do occur, unfortunately, from time to time. Given the technological complexity associated with air travel, it is often difficult to pinpoint the causes of and the parties ultimately liable for airplane crashes when they occur. Lee & Ko has had handled a number of aviation accident cases and has considerable experience in this area.

Cargo Claims

Various types of incidents involving damage, loss or destruction of cargo occur during air transport. The Aviation Practice Group at Lee & Ko has handled hundreds of cargo-related cases since the inception of air transport business in Korea. It has defended airline companies against claims for damages filed by consignors for cargo damage or loss at times. At other times, it has represented the consignors in their claims against airline companies or cargo insurance companies for cargo damage or loss. Lee & Ko’s aviation lawyers have comprehensive knowledge and experience in all areas of cargo-related claims. Based on the foregoing, the Group at Lee & Ko continues to provide legal advice to airline companies, bonded warehouses and government authorities on matters relating to cargo handling.

Passenger Claims

Although air travel is recognized as a comparatively safe means of transportation, aircraft accidents by their nature almost always result in serious injuries or deaths of passengers. Accordingly, a special set of rules governing damages apply in the air transport industry. In addition, the expectations of airline passengers regarding airline services are often high due to the relatively high cost of airfares. These expectations result in a wide array of disputes between airline companies and passengers.

Aviation Insurance

Many types of insurance policies relating to air transport are available to mitigate the risks inherent in the air transport business and to promote the further development of the industry. The Aviation Practice Group at Lee & Ko handles a large volume of insurance-related cases and provides extensive advisory services relating to matters such as negotiating insurance agreements, analyzing the extent of coverage determining as to whether claims fall within the scope of policy coverage, claiming insurance proceeds, making insurance payouts, etc., all drawing upon the peerless experience and expertise that Lee & Ko has developed over decades as the leading provider of legal services in this area.

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Major Cases

Advisors on issues arising out of the 2013 helicopter crash at the I-Park Apt. complex in Samsungdong, Kangnam Gu, Seoul
Chinese Aircraft Crash around Gimhae Airport in 2002
Korean Aircraft Crash in Guam in August, 1997
French Aircraft Crash in Atlantic in June in 2009
Cambodian Aircraft Crash in June, 2007
Chinese Aircraft Crash in May, 2002
Air Force Helicopter Crash in March, 2002
Shoot-down of a Korean Aircraft in September, 1989
Fire Department Helicopter Crash in 1995
Theft of gold bars transported by a foreign airline based in Hong Kong : This is considered a leading case relating to the interpretation of "recklessly and with the knowledge that damage would probably incur" under Article 25 of the Warsaw Convention.
Perished deer.
Theft of semiconductors at Frankfurt Airport
Legal advice on Cargo Delivery Process and Customs Process
Passengers’ consolation claims against a domestic airline on the basis of a delay: The Aviation Practice Group at Lee & Ko successfully defended the Korean carrier against these claims and the court held that mental distress alone cannot be a cause of action under the Warsaw Convention.
Claim against a domestic airline for an alleged defect in in-flight meal.
Claim against a foreign airline for abnormal flight and delay.
Claim against a domestic airline for the heart attack suffered by a passenger: This case involved a passenger who died after suffering a heart attack prior to boarding a Korean airline’s flight. Lee & Ko has been efficiently defending the interests of the Korean airline.
Legal advice to a major Korean insurance company regarding an air warfare risk insurance policy
Legal advice regarding the coverage and exemption under aviation insurance policies
Legal advice regarding the exemption of liability for the crash of a helicopter insured with a Korean insurance company.
Numerous subrogation claims on behalf of a Korean insurance company in relation to its air cargo insurance policies.
Legal advice to a Korean airline regarding a renewal of aviation insurance policy