F-16 Pilot Receives National Compensation F-16撞山飛官殉職 法院判國賠466萬

More than three years ago, Air Force pilot Wu Yen-ting unfortunately crashed his F-16 fighter plane into the mountain and died during the Han Kuang Exercise. But Wu's parents believed that the military was negligent and filed for national compensation. The court recently ruled that the Air Force Command Headquarters should compensate NT$4.66 million. The military can file an appeal. 
 


Air Force officer Wu Yen-ting, unfortunately, crashed his F-16 into a mountain and died in a simulated attack during the Han Kuang Exercise in June 2018. Wu's parents then filed for national compensation. The Taipei District Court found that the Air Force Command Headquarters was negligent and should compensate a total of NT$4.66 million. 

Huang Pei-chen, Chief Judge, Administrative Court, Taipei District Court: “The officer's parents mainly requested three items. One is funeral expenses and the other is expenses to support his family in the future. And the final part is consolation compensation. In total, the father can receive NT$2.22 million in compensation and the mother can receive NT$2.43 million.”

The court believes Wu's parents had difficulty in collecting evidence, as many were classified by the military. Therefore, the military assumes the burden of proof due to this inequality. However, the Air Force Command Headquarters was unable to prove that it was not at fault or that it was not negligent. Thus, the court ruled that the military lost the lawsuit.

Huang Pei-chen, Chief Judge, Administrative Court, Taipei District Court: “The evidence is all on the defendant's side. And the defendant did not allow the plaintiff to review the evidence. So the judge thought that the burden of proof should be on the military. ”

The family claimed that at the time of the incident, Wu was flying at an altitude of two thousand feet, affected by the cloud. He asked to climb twice but was denied. In the end, he crashed into the mountain as it was too late to climb. 

The Control Yuan's investigation pointed out mistakes made by tactical air control personnel and air traffic control personnel. The report also demanded the Air Force Command Headquarters and the Civil Aeronautics Administration make changes. Wu's family has won national compensation in the first court review. The military says it respects the verdict and will discuss whether to appeal. 

 

 

 

飛官吳彥霆,2018年6月在漢光演習中,駕駛F-16戰機,在模擬攻擊時不幸撞山殉職。當時,吳彥霆父母請求國家賠償,而台北地方法院認定空軍司令部有疏失,應賠償共466萬多元。

台北地院行政庭長黃珮禎表示:「飛官的父母主要是請求三個項目,一個是喪葬費,一個是扶養費,還有一個是慰撫金的部分。總共父親的部分可以賠償222萬餘元,那母親的部分是243萬餘元。」

合議庭認為,許多證據軍方列為機密,吳彥霆雙親難以蒐證,兩方存在資力不平等等因素,因此,應改由軍方負起舉證責任。不過,空軍司令部無法證明沒有過失,或是未怠於執行職務等,所以判決軍方敗訴。

黃珮禎指出:「這些證據通通都是在被告的這一方,而且被告也不准原告去接觸,所以法官就認為說,那個舉證責任上面,應該要做一個轉換。」

家屬主張,事發當時吳彥霆以高度兩千呎飛行,受雲層影響,兩度要求爬高,遲遲沒有獲准,最後導致來不及爬升,撞山失事。

監察院調查報告也曾經指出,戰管、航管人員有違失,並對空軍司令部、民航局提出糾正,如今,吳彥霆家屬提起國賠一審勝訴,對於判決,軍方表示尊重,並會討論是否再上訴。

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