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Union Concerned Over Fate of Air China Pilot

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Union Concerned Over Fate of Air China Pilot

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Old 30th Apr 2002, 14:50
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Union Concerned Over Fate of Air China Pilot

Union Concerned Over Fate of Air China Pilot
Held on Criminal Charges in South Korea


The head of the United States' oldest and largest airline pilot union today urged Korean authorities not to conduct criminal prosecutions of the Air China pilot involved in a B-767 accident in Pusan, South Korea earlier this month ("Air China 767 Down In S Korea," 04-15-02, ANN).
"Under the International Civil Aviation Organization (ICAO) Annex 13 and the terms of the Warsaw Convention, pilots should be liable to criminal prosecution only if their actions involve willful and wanton misconduct. The goal is to promote safety by allowing pilots to report accurately and completely on the events of an accident. A threat of criminal prosecution can only hamper aviation safety," said Capt. Duane Woerth, president of the Air Line Pilots Association, International (ALPA), which represents 62,000 pilots at 43 airlines in the U.S. and Canada.
"The world community of pilots already has expressed this concern through the International Federation of Air Line Pilots' Associations; but I want to make this abundantly clear on behalf of our pilots who fly into South Korea: not only does the threat of criminal prosecution not make for safer pilots -- it is an insult to our professionalism to even think it might do so -- but it actually is counterproductive to aviation safety," Woerth said. "Therefore, I urge the South Korean authorities to allow the pilot to return to his country after he is released from the hospital and has dealt with any necessary preliminary inquiries."
FMI: http://www.alpa.org, www.airchina.com.cn


The above article is proof positive that there are advantages to belonging to a professional organisation. This isn't the first time the Koreans have put crew in jail after an incident. An expat Canadian working for one of their own airlines was incarcerated until the union he belonged to at home as well as his government got him out. The Japanese have detained crew after incidents, including CX crew, and so have other governments in Asia.

If you are considering employment in this region, remember that many of the countries that CX operates to put crew in jail first and ask questions later when it comes to investigating an incident/accident. If I was in jail in a foreign country I sure would like someone at home with the resources and contacts to get me out as soon as possible.
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Old 1st May 2002, 10:01
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This, of course, raises very fundamental questions, such as the existence or otherwise of unions in China.

On the one hand, it's interesting to see how a union (in this case ALPA) advocates the perceived rights of a non-union member employed in an overseas jurisdiction, whereas in another part of China (HK), pilots who give a monkey's about any union are being ostracized (apparently from all over the world, if we believe the origins as declared by posters) on a daily basis in the Fragrant Harbour forum.

Last edited by Alpha Leader; 1st May 2002 at 10:05.
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Old 2nd May 2002, 04:39
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A number of countries in this part of the world operate legal systems that presume guilt ahead of innocence.
Confessions are "extracted" from detainees by offers of lenience. The main aim is to secure a prosecution and in that they are very successful. You only have to look at the success rates for prosecutors in Japanese and Korean courts.

Many detainees, including those innocent will sign confessions and get off with a lighter sentence rather than trying to fight the system.

You may recall a KAL 747 that undershot R16 at Kimpo in early morning fog in the ealry 1980's. The Capt chose to sit on the flight deck and burn rather than face what he knew would be a slower and more agonising "death".

If you are planning to survive a CFIT....don't do it in Korea.
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