# Air Passenger Rights and Protections: Comparative Analysis of US and South Korea Regulations

Air travel, a crucial mode of transportation globally, necessitates comprehensive legal frameworks to ensure passenger safety, rights, and compensations. Different countries have varying approaches and specific laws that address these concerns. This document explores the regulations in the United States and South Korea by examining two pivotal regulatory frameworks: CFR Title 14 Part 250 in the United States and the Aviation Business Act along with the Commercial Act in South Korea.

## 1. United States: CFR Title 14 Part 250

### 1.1 Overview

In the United States, air passenger rights are chiefly governed by the Code of Federal Regulations (CFR), specifically Title 14, which deals with Aeronautics and Space. Among various parts, Part 250 stands out as crucial for addressing issues related to "Oversales" commonly referred to as overbooking.

### 1.2 Legal Provisions

CFR Title 14 Part 250 establishes the procedures and compensations for passengers denied boarding involuntarily due to overbooking by an airline. It mandates airlines to ask for volunteers to give up their seats in exchange for compensation before forcing anyone to give up their seat. If not enough volunteers come forward, the airline must compensate those who are involuntarily denied boarding.

### 1.3 Compensation Framework

The compensation depends on the delay that the passenger will face after being denied boarding. The Federal Aviation Administration (FAA) sets these amounts, which are subject to periodic adjustments. Importantly, this regulation ensures transparency and fairness in how airlines handle overbooking, significantly enhancing passenger protections.

### 1.4 Impact

This regulatory approach emphasizes passenger rights and airlines' obligations, promoting a balance that minimizes inconvenience while ensuring that air travel remains efficient and commercially viable.

## 2. South Korea: Aviation Business Act and the Commercial Act

### 2.1 Overview

South Korea regulates its airline industry and passenger rights through various statutes, chief among them being the Aviation Business Act and the Commercial Act. These laws create a framework that addresses various aspects of air travel, from safety to consumer protection.

### 2.2 Aviation Business Act

The Aviation Business Act specifically targets aviation operations and safety. It outlines the obligations of airlines towards their passengers, establishes mechanisms for addressing consumer complaints, and sets penalties for non-compliance with operational standards. This Act is crucial for maintaining high standards of safety and passenger service in the Korean aviation sector.

### 2.3 Commercial Act

While the Commercial Act covers a broad range of commercial practices, its application to the aviation sector involves provisions that protect consumers, including air passengers. This Act supplements the Aviation Business Act by providing general consumer protection rights that apply to transactions including air travel, such as rights to information, rights to cancel bookings, and protections against unfair practices.

### 2.4 Impact and Enforcement

Together, these acts ensure comprehensive protection for air passengers and maintain robust regulatory oversight of the aviation industry. Korean authorities actively monitor airline compliance, and there are structured processes for passengers to claim compensations and resolve disputes.

## 3. Comparison and Global Context

Both the United States and South Korea provide robust legal frameworks tailored to the needs and challenges of their respective air travel sectors. While the U.S. uses a more focused approach targeting specific issues like overbooking, South Korea employs a broader legislative framework that addresses various aspects of consumer protection in air travel.

Globally, the variation in air passenger rights laws reflects differences in legal traditions, market conditions, and regulatory philosophies. Nonetheless, the goal remains the same worldwide: to ensure safe, reliable, and fair air travel for all passengers.

## Conclusion

Understanding these regulations is crucial for passengers, policymakers, and airlines, as they navigate the complexities of international air travel and its local legal contexts. Both the United States and South Korea, through their respective laws and regulations, showcase their commitment to protecting air passengers, highlighting the global importance of these protections in the increasingly interconnected world of air travel.