Seoul, July 15 (Korea Bizwire) - The ex-vice president of Korean airlines, Cho Hyun-ah, submitted a motion to dismiss a case filed against her by flight attendant Kim Do-hee, regarding the infamous “nut rage” incident that occurred last year.
Kim, who served macadamia nuts in a way that contravened company policy, causing Cho to lose her cool and order the plane to return to the gate, filed a lawsuit against the former executive and Korean Air in New York. Kim claims that she was traumatized by the violent words and actions of Cho, which caused damage to her reputation and career.
Cho argued that “Everyone concerned in the affair and the witnesses are all Korean. The investigation was conducted in Korea, and the related materials were all written in Korean. Kim has no restrictions in getting compensation in Korean courts. This makes it reasonable to hold the trial in Korea”.
As a logical basis, Cho also suggested that calling in everyone concerned in the trial to the American court and translating 7,000 to 8,000 pages of materials related to the investigation was inefficient.
Cho is claiming that there would be many inconveniences and inefficiencies if the trial were held in America, and that executing the whole process in Korea is much more convenient. Her logic is that the case should be dismissed according to the ‘Forum non Convenience’ rule.
Cho also claimed that Kim is ‘Forum Shopping’ – choosing a court in order to get more compensation and find a sympathetic jury – and that there should be regulations against this type of behavior.
Also, according to the employment contract between Kim and Korean Air, the jurisdiction should fall under Seoul Southern District Court.
Cho’s lawyer explains, “Since the incident occurred in a Korean airplane at an airport in New York, it is hard to say New York has no jurisdiction on the matter, but based on the Forum non Convenience rule, we are asking for the case to be dismissed.”
Cho’s party demanded that Kim’s lawyers submit an answer to the court by July 29.
The New York court will decide after hearing the opinions of both parties. If the trial is executed, American citizens will be selected as members of the jury.
Cho and Korean Air have hired law firm Meyer Brown to represent them, and Richard Ben-Beniste, who was one of the special prosecutors of the Watergate Affair, will be defending the case.
By M.H. Lee (email@example.com)