SEAir International (XO, Angeles City Clark International) is struggling to gain access to the lucrative South Korean market after repeat attempts at securing traffic rights were rejected by the country's Ministry of Land, Infrastructure and Transportation (MLITT).

Speaking to ABS-CBNnews, chief operating officer Patrick Tan said an application to the MLITT, sent late last year, to begin charter flights between Kalibo and Seoul Incheon was rejected by the MLITT on the basis of SEAir's continued presence on the European Union's list of Banned Operators.

Tan contends that the basis of the MLITT's decision contravens the terms of the Philippines amended bilateral air services agreement with South Korea that states that requesting airlines found compliant with the laws and regulations of Korea on safety “shall immediately be allowed to operate the agreed services.”

“This is despite our submission of opinions from the European Commission saying that the ban does not apply in our case for flights between Korea and the Philippines, and specific provisions in the MOU arising from the 2012 Philippines-Korea Bilateral Air Talks that quoting the EU Ban as basis for denial, practically constitutes a breach of agreement,” he said.

SEAir has now sought the assistance of the Filipino Civil Aeronautics Board for assistance.

Currently, the Philippines-South Korea market is served by Air Busan, Jeju Air, Korean Air, Asiana Airlines, and Jin Air on the Korean side and by Philippine Airlines, AirAsia Zest, and Cebu Pacific Air on the Filipino part.