A Comparative Legal Study on the Protection of Air Consumer

The demand for air travel, which had been depressed for a while after the pandemic, is gradually recovering, and accordingly, the number of airline operations and the number of passengers transported are increasing. This recovery is revitalizing the air transport industry, and at the same time, interest in protecting the rights of air transport users as consumers is also increasing. The main purpose of this paper is to closely examine the laws related to the protection of air transport users in Korea in this situation of increasing social interest and to analyze legislative cases in major advanced countries to suggest the direction of future legislative improvement.First, this study examined the case of the European Union (EU), which is a pioneer in the protection of air transport users. The EU clearly stipulates the obligations of airlines and has prepared various measures to protect the rights of users. This legislation imposes certain responsibilities on airlines and strengthens the right of users to receive compensation for damages.Next, we analyzed the case of the United States, which has the largest air traffic volume in the world. The United States adopts a relatively passive regulatory approach and tends to emphasize market autonomy. However, this approach sometimes causes problems in which users’ rights are not sufficiently protected.In addition, we looked at the case of Canada, which recently reorganized its air traffic user protection legislation. Canada is establishing a more strengthened legal framework by clarifying the responsibilities of airlines and introducing new regulations for user protection. These changes are moving toward providing better protection to users.Through the analysis of cases from advanced countries overseas, we need to consider the legal approach that Korea should adopt in the future. In other words, we need to make a clear judgment on whether to impose active protection obligations on airlines like the European Union or to choose a passive regulatory approach like the United States. In particular, when revising the air traffic user protection legislation in Korea in the future, we need to fully consider the balance of rights and obligations between airlines and passengers. This suggests that legislation should be made in the direction of maintaining a fair transaction order by reflecting the interests of both sides rather than one-sided regulations.In conclusion, careful review and social consensus formation are essential for legislation on air traffic user protection. Future legislation should maintain a balance between airlines’ responsibilities and user protection while ensuring that aviation safety is not compromised. Based on this direction, we hope that Korea's air traffic user protection laws will develop further and an aviation environment that consumers can trust will be created.