NASC Ruled to Pay NT$13m in State Compensation 海巡士官長出勤殉職 一審判國賠1300萬

A Coast Guard sergeant surnamed Ke died during a rescue mission over 3 years ago. Taipei District Court recently handed down the first ruling, which found the National Airborne Service Corps negligent and awarded more than NT$13 million in compensation. 

Helicopters fly back and forth. Whenever there is a natural disaster or a major accident, the National Airborne Service Corps is often seen dispatching helicopters to provide support. However, a Coast Guard officer surnamed Ke, took a NASC helicopter more than three years ago on a rescue mission around the waters of Pengjia Island. When lowered by the helicopter lines, he hit the ocean surface violently, causing a coma. Ke passed away at the hospital and his family subsequently filed for state compensation.
 

Huang Pei-chen, Spokesperson, Taipei District Court: “The defendant, National Airborne Service Corps has two negligence. The first is violating its own regulations of not dispatching helicopter type AS365N3 during twilight time for ocean rescues. The crew was also not provided with necessary night training.”

Ke's family could never have imagined that he would die from the rescue mission. They advocate that the NASC was negligent. The case was tried by the Taipei District Court. According to the Taiwan Transportation Safety Board's investigation, the aircrew did not pay attention to the rescue time as the helicopter dispatched was not geared for nighttime rescues. The helicopter crew also didn't assess the risks and chose the wrong method to carry out the rescue. The NASC was sentenced to pay more than NT$13.19 million in compensation.

Cheng Jung-feng, Deputy Director, NASC: “Our colleagues risk their lives during missions. The court wants to put the burden of some of these mission results on our colleagues. This, we will discuss with our lawyer again to file an appeal.”

The NASC responded that the rescue mission complied with regulations and the helicopter crew also carried out its mission in an appropriate way. They regret the court's ruling. The NASC also emphasized that morale has been severely damaged due to the ruling. It will discuss with its lawyers and file an appeal.

直升機來回飛行，只要發生天然災害，或是重大意外事故，往往看見空勤總隊，出動直升機投入支援，不過有一名海巡署柯姓士官長，3年多前搭乘空勤直升機，在彭佳嶼海域吊掛救援，因為吊掛下降時，猛力撞擊海面，昏迷休克，送醫搶救不治，讓家屬難以接受，提起國賠。

台北地院發言人黃珮禎指出:「被告空勤總隊有兩個疏失，第一個就是違反他自己的規範，終昏時間不得派遣AS365N3型的直升機，執行海上救援的規定，以及沒有提供機組員必要的夜間訓練。」

家屬怎麼也想不到，明明是投入救援，換來的卻是親人殉職的噩耗，主張空勤總隊有疏失，案經台北地院審理，根據運安會調查結果，認定空勤總隊沒注意救援時間，已經逼近太陽下山後，派遣的直升機，不適合夜間吊掛，機組人員也沒有評估風險，以不安全作為，選擇錯誤的救援方式，作出錯誤的操作及判斷，判空勤總隊須賠償1319萬多元。

空勤總隊副總隊長鄭榮豐表示:「我們的同仁冒著生命危險在救災，這中間過程產生的一些結果，要讓我們同仁來負擔的話，這部分我們會再跟律師研議提起上訴。」

空勤總隊則回應，救援任務符合規定，機組員也以最適當的方式搶救，認為沒有過失，對判決表示遺憾，更強調已經嚴重打擊士氣，將和律師研議，提起上訴。