著者

池田 良彦

出版者

東海大学

雑誌

東海大学紀要. 開発工学部 (ISSN:09177612)

巻号頁・発行日

vol.9, pp.1-10, 2000-03-10

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The Nagoya District Public Prosecutor's Office has decided not to indict four employees of China Airlines who were suspected of professional negligence in the 1994 crash at Nagoya Airport that claimed 246 lives. Prosecutors said that they believe successive operational mistakes by pilot A, 42, and copilot B, 26, led to the disaster. Both A and B were killed in the crash of the Airbus A300-600R on April 26, 1994. Prosecutors allege that the pilot and copilot made successive operational errors over eight stages, including mistakenly aborting a landing approach and then manually forcing a landing while the autopilot was in the abort-landing mode. The pilot's manual warns that attempts to interfere with the autopilot during a landing could result in a sudden steep ascent of the aircraft and dangerous loss of speed. "If the pilot and copilot had had basic operational skills, they could have avoided" the crash by correcting the aircraft's position during one of the eight stages, prosecutors said. "There is insufficient evidence to file charges against the four officials as the airline's crew training and qualification system was not inferior to those of other airlines", prosecutors said. In September 1996, police sent to prosecutors their investigation reports on the six CAL employees, including a former vice president of CAL who was in charge of safety measures at the time. In this article, the author introduces and analyzes a new type of administrative and supervisory negligent liability.