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A Study on System Construction to the Product Liability Law-with focus on a small & medium business

제조물책임법에 대응하기 위한 시스템 구축에 관한 연구 -중소기업을 중심으로-

  • Han, Min-Suk (College of Humanities and Fusion, Hoseo University)
  • 한민석 (호서대학교 인문융합대학)
  • Received : 2017.03.02
  • Accepted : 2017.06.09
  • Published : 2017.06.30

Abstract

In 2002, the government arranged an institutional strategy to make it possible for a consumers to make a claim for damages caused by product defects against a business that produces and sells a product by enforcing the Product Liability Law(hereinafter referred to as 'PL'). On the other hand, due to the recent humidifier sterilizer accident, approximately 12 cases of related bills, such as a revised bill for the product liability law, have been proposed to the National Assembly at present in an effort to introduce the group action system and punitive compensation system for the purpose of the strengthening of the corporate product liability, and consumer damage relief. Ironically, as much as 62.6% of small & medium businesses, which are actual interested parties to this bill, are unaware of this. Many companies are responding to PL with the rationalization of document preparation & storage, clarification of responsibility relations with related business operators, and PL insurance policy purchase, or securing compensation funds as a means of Product Liability Defense(PLD), but the methods of preparation such as this leave much room for limits on the considerations of product design and product safety. This paper presents the individual management system model with more focus on product safety by looking into the clear concept of PL and the countermeasures against it, grasping the relevance between the PL system and individual management system, and integrating the PL response system in preparation for the PL. It is hoped that the result of this research objective will be evaluated as a rational countermeasure for small & medium businesses to respond effectively to the PL.

Keywords

Integrated Model;ISO Integrated Management System;Small & Medium Business;Punitive Damages;PL Law

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