olasek:
We actually don't know where they were looking, maybe in fact they were looking out the window but not looking at their instruments, we simply don't know. Whether they were 'criminally negligent' is another matter, FAA has history of going after pilots whom they find 'criminally negligent' but a bar for this is pretty high, doesn't happen often in airline flying.
If criminal charges are filed against the crew, perhaps it would be by Korea.