著者

池田 良彦

出版者

公益社団法人 日本航海学会

雑誌

航海 (ISSN:24331198)

巻号頁・発行日

vol.89, pp.64-70, 1986-09-25 (Released:2017-07-12)

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.

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.2, pp.17-29, 1993-03-30

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The investigation of the crash of the Japan Airlines Boeing 747 in August 1985, has ended without anyone being found criminally responsible. This seems less than satisfactory. The crash of the JAL jetliner in a mountain in Gunma-ken claimed 520 lives. The Maebashi District Prosecutor's Office decided not to indict anyone from Boeing Co., JAL or the Transport Ministry. These parties had been referred by the police to the prosecutors for possible involuntary manslaughter charges. The prosecutor's office said the direct cause of the crash was faulty repair on the bulkhead of the aircraft by Boeing technicians after the plane was damaged at Osaka International Airport in 1978. During its investigation, the Maebashi prosecution office applied to the U. S. Department of Justice to question the maintenance staff at the U. S. aircraft campany. The request was rejected by Boeing staff on the baisis of an amendment to Article 5 of the U. S. Constitution which guarantees Americans rights to refuse taking part in hearing that may bring criminal charges against them. In the United States, greater weight in an investigation is placed on preventing a recurrence of a similar accident than on pursuing a criminal indictment. Charges against JAL and Transport Ministry officials were dropped on the grounds that there were insufficient evidence to suggest responsibility. It could have been the first time that the safety design and repairs of an aircraft would figure in a judical case. In this article, author introduced and analyzed a new type of administrative and supervisory negligent liability.