항공사 마일리지의 유효기간을 규정한 약관조항이 무효인지 여부

Abstract

Today, as air travel has become routine, airlines are providing various services to customers to gain an edge over competition with other airlines. Among them, the airline’s mileage program is a useful device that allows the airline to secure loyal customers and provide high-quality customer management. In Korea, Korean Airlines has been implementing a mileage system under the name ‘Frequent Traveler Bonus System (FTBS)’ since 1984, and Asiana Airlines has also introduced the ‘Asiana Bonus Club’ since 1989. However, following changes in international accounting standards, the two major domestic airlines introduced a mileage expiration date system for Korean Airlines in July 2008 and for Asiana Airlines in October 2008. Accordingly, the mileage that will expire as of January 1, 2020 is estimated to be KRW 394 billion for Korean Airlines and KRW 99.6 billion for Asiana Airlines, totaling KRW 493.6 billion. This expiration of mileage is not expected to be temporary, but is expected to apply to mileage accumulated and not used every year for the past 10 years. The two major domestic airlines view mileage as a ‘Bonus’ at the level of gratitude provided as compensation for the use of air transportation services or goods or services of affiliated companies. On the other hand, customers think of mileage as an economic incentive for giving up other competing airlines and continuing to use a specific airline, or as a bond acquired for a fee included in the purchase price of an airline ticket. Therefore, it is necessary to review whether the airline’s act of expiring the customer’s air mileage that has expired is legal or an act of infringing on the customer’s property rights. In this study, I will examine in detail what air mileage is, its legal nature, and how to view the validity period of air mileage. Based on this, I will also look into whether the airline’s terms and conditions stipulating the validity period of air mileage are unfair.