• 대한안전경영과학회:학술대회논문집
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• 대한안전경영과학회 2001년도 춘계학술대회
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• pp.241-251
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• 2001

Subsequently in Korea product liability has been introduced. The position of consumers for defective products have been disadvantageous. Defective products should be broght under the law. Then, while consumers would be largely protected, a producer would take the heavy responsibility by law, Therefore, a producer would not be able to take countermeasures for product liability. Object of this paper to investigate and analyze the actual state of management for product liability in advanced countries, and to join it with our quality management system.

• 산업융합연구
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• 제1권2호
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• pp.193-203
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• 2003

As the law of Product Liability for consumer protection has operated in July, 2000, many firms of Korea are rapidly increasing concerns about it. This paper is compared actual states with the law of Product Liability among America, Japan and Korea, finds out some arguments between firms and consumers, investigates some countermeasures to increase between the knowledge accumulation related to risk management and capability confronted with it.

• 산업공학
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• 제15권2호
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• pp.133-146
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• 2002

In July 2002, law of product liability will be established in Korea. Therefore, prevention for product liability(PL) will be immediately needed for many companies. So, in this paper, following topics will be discussed: 1) what are product liability and product safety, 2) why they are needed, 3) why important, 4) what's the difference between considering PL and not considering PL for companies, 5 ) what are risk management methods and risk evaluation system, 6) what is SASA(Systematic Approach to Accident Scenario Analysis) method for applying PL, 7) providing a final conclusion and discussion for future PL law.

• 무역학회지
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• 제44권6호
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• pp.135-150
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• 2019

Under the Manufacturing Liability Act, consumers want to be protected from manufacturers by mitigating burden of proof as an important target to be protected. However, due to the complexity of the product, it is very difficult for consumers to prove defects from the manufacturing defect. This situation has led to a major revision of the Manufacturing Liability Act, which mitigates the burden of proof of consumers by applying fruitless liability. The Manufacturing Liability Act is comparable to the U.S., which has strong consumer rights and is protected by the Manufacturing Liability Act. The burden of proof can be regarded as the most necessary content for consumers within the manufacturing product liability law when responding to manufacturing defects. The U.S. intends to provide implications for achieving consumer protection in Korea's Manufacturing Liability Act by imitating the U.S. based on the burden of proof. Case comparison regarding burden of proof can be conducted based on various criteria, including criteria for each product and key features for determining the importance of the manufacturing product liability law. The Act on the Responsibility of Korean Manufacturing Products for the Protection of Consumers was developed based on the assessment criteria, and a remedy was proposed to protect consumers who suffered from manufacturing defects.

• 항공우주정책ㆍ법학회지
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• 제32권1호
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• pp.139-175
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• 2017

국회는 2017년 3월 30일 제조물책임법 일부개정법률안을 국회본회의에서 통과시켰다. 본 개정안에는 무엇보다 피해자인 소비자의 입증책임을 완화시키며 제조물책임의 배상책임을 3배까지 증액하는 신설조항이 있어서, 제조물책임관련 소송이 증대될 것이며, 제조물책임보험 가입이 증가할 것이다. 군용항공기 제작사는 군용항공기의 제작목적이 기동성 위주이며, 군의 작전성을 위주로 운용되기 때문에 현실적으로 군용항공기 제조사들이 군용항공기 제조물책임보험을 들 수 없는 현실 상황하에 군용항공기제작사는 제조물책임법과 하자담보책임, 채무불이행책임의 손해배상 위험에 직면하여 있다. 제조물책임법의 시원지인 미국은 1970년대 제조물책임법이 시행되게 되자, 군용항공기제작사의 책임한도에 대하여 학계, 법조계, 보험업계에서 큰 논란이 있었으며, 군용항공기 제작사의 책임문제를 해결하기 위하여, Government Contractor Defense (GCD, 정부계약자항변) 라는 법리를 판례로 만들어 냈다. 한국과 미국정부가 맺고 실제 적용하고 있는 Foreign Military Sales(FMS) 계약서에는 군용항공기제작사에 대한 면책조항이 있다. 군용항공기 제작사가 높은 제조물책임보험을 들 수 없고, 방산원가에도 제조물책임보험료를 반영시키지 않는 현실에서 외국의 수출을 확대하고 있는 군용항공기제작사는 위기 그 자체에 직면하고 있음을 정확히 알고, 시급히 이러한 위기를 해결할 수 있는 입법개정, 정책수립을 하여야만 한다.

• 대한안전경영과학회지
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• 제6권3호
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• pp.65-75
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• 2004

Product liability is the law of the manufacturer's responsibilities for the consumers' personal injuries or the losses of property resulted from defective products. In today's many countries, the product liability law are being enacted because of the safety of product use and the protection of consumer's right. In korea, the product liability is going to enforce on July 1, 2002. Though the construction of product liability response system is urgent situation, domestic manufacture company's PL response system is not nearly prepared in present. Consequently, the purpose of this study is to discuss the Quality Management's importance and the PL countermeasures by presenting the difference of PL response system construction degree by the Quality Management Maturity degree

• 한국마린엔지니어링학회:학술대회논문집
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• 한국마린엔지니어링학회 2005년도 후기학술대회논문집
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• pp.90-91
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• 2005

• 한국마린엔지니어링학회:학술대회논문집
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• 한국마린엔지니어링학회 2006년도 전기학술대회논문집
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• pp.129-132
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• 2006

• 한국기술사회:학술대회논문집
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• 한국기술사회 1994년도 제24회 한일기술사 합동 Symposium (일본편)
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• pp.138-140
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• 1994

Product liability law is published at 1st July '94 after long study and discussion. Product liability research commitee of Japan Consulting Engineer's Association that was started on september '91, is continuing the research of technical problems and consulting business for product liability. The Ministry of International Trade and Industry release the manual of product liability for an enter prise that is the standard to performe this problems in Japan. These gists of the manual and future business of Japan consulting engineer for these problems are mentioned.

• 무역상무연구
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• 제37권
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• pp.35-59
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• 2008

In most products liability cases, the only or principal defendant is the manufacturer that designed, manufactured, and marketed the product which injured the plaintiff. In this regards, most national laws and international convention stipulates the definition of the producer. But there is no rule about the definition of the producer in China. Yet parties in the product distribution chain other than ordinary manufacturers, notably retail seller, often profit from moving products from factories to consumers and so may bear some responsibility when product hazards injure consumers. The purpose of this paper is to clarify the definition of the "producer", "seller" who is responsible for products liability claims in China. This paper will contributes to help the Korean exporters, manufacturers to build up the proper countermeasures regarding products liability in China.