• 제목/요약/키워드: Product Liability Law

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Consumer Misperceptions, Product Liability Law and Product Safety

  • Lee Jong-In
    • International Journal of Human Ecology
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    • 제6권2호
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    • pp.63-72
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    • 2005
  • This paper considered the impact of changing the product liability rule from consumer to producer liability on product safety under asymmetric information. In particular, it has been attempted to remove several constraints on antecedent studies. The main results of the study are as follows: under the misperception of the risk on a product, consumers may underestimate the probability of product failure. In this case, the accident rate can be lowered under the producer's liability rule. However, even under the asymmetric information, a consumer's estimation on the probability may be converged with the expected risk level, which could be called the 'rational expectation.' In this situation the probability of product failure can be lowered under the strict liability with contributory negligence. Additionally, it is possible to reduce the probability of product failure when a legal rule that imposes liability on cheapest cost avoider is admitted.

PL 대응체계 구축 방안 (Building of PSMS in corporate of ISO 9000 certification)

  • 박재흥;황희;문재승
    • 품질경영학회지
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    • 제31권3호
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    • pp.19-36
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    • 2003
  • The manager of manufacturing industry just not to have known what to do related to the law of product liability(PL) that was put into operation in July 1, 2002. The law of PL is a public law about defective product, which was established in order to compensate consumer's damages of property and body caused by product, to make sound society by the safety products and to take international competitiveness. But the existing civil law has been having clause that compensation to be taken is limited. The law of PL is resolving this limitations and is characterized by the easy relief from damages of defective product. The decision in the case of Green-man has been a precedent since the court sentenced the manufacturer to liability. The law of PL has been in force in 27 countries, including all of the EU countries, Japan, Philippines and China. It has been shown that the corporations which meet the Global Standard, could survive in global competition. The economic effects by the law of PL are the increase of consumers relief production cost by the lawsuits. This paper will recommend more biref method that is able to cover PSMS by use of QMS. It will make domestic corporation improve in the plan, manufacture and sale of products to meet the Global Standard.

FMEA기법을 이용한 화학제품의 PL 대응체계 연구 (A Study on Product Liability Response System of Chemical Products by Using Failure Mode and Effect Analysis)

  • 고재욱;유진환;김대흠
    • 한국가스학회지
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    • 제7권4호
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    • pp.30-35
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    • 2003
  • 제조물책임(Product Liability : PL)이란 제조물의 결함으로 인하여 소비자 또는 제3자의 생명, 신체, 재산 등에 손해가 발생했을 경우 그 제조물의 제조자 또는 판매자 등에게 손해배상 책임을 부과시키는 법으로 국내에서는 제조물책임법은 2002년 7월 시행되었다. 본 연구에서 FMEA를 이용한 화학제품의 제조물책임 대응체계를 구성하였으며, 깍N-Dimethyethylamine을 사례로 적용하여 연구를 진행하였다. 우선 화학제품의 취급설명서 역할을 하는 MSDS(Material Safety Data Sheet)를 통해 제품의 정보를 파악하고, 제품의 결함으로 인한 영향을 분석하는 FMEA기법을 적용하여 결함의 심각도, 결함의 발생빈도 및 검출도의 곱으로 정의된 RPN(Risk Priority Number)에 의하여 위험성을 정량적으로 제시하였다.

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의약품 부작용과 손해배상 (A Liability for Damage caused by Drug)

  • 송진성
    • 의료법학
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    • 제21권3호
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    • pp.77-116
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    • 2020
  • 현대 과학의 경험과 성과가 반영된 의약품의 사용으로 인류에게 질병의 치료와 건강 상태의 개선이라는 혜택이 주어지고 있다. 그러나 의약품은 질병의 치료라는 혜택 이외에도 본질적으로 피할 수 없는 부작용도 내포한다. 각국은 부작용으로 인한 피해의 최소화를 위해 시장진입 규제나 시판후조사 등의 조치를 취하고 있으나, 부작용의 발생은 피할 수 없다. 부작용으로 인한 손해의 발생이 불가항력이라도 그 점이 사전에 알려진 것이었다면, 의약품의 종류와 사용 형태에 따라서 처방한 의사나 복약지도를 담당하는 약사 등이 손해를 배상해야 한다. 의약품에 결함이 있어 손해가 발생하는 경우도 있는데, 손해 배상의 일반원칙을 그대로 적용해서는 결함으로 인한 부작용 피해자가 손해를 배상받기 쉽지 않다. 우리나라를 비롯한 여러 나라가 제조물 책임법을 통하여 피해자의 보호를 도모하고 있으며, 의약품도 제조물에 포섭되기 때문에 제조물 책임법을 통한 손해배상을 문의할 수 있는데, 이 때 주로 설계상의 결함이나 표시상의 결함이 문제될 수 있다. 제조물 책임법이 제정·시행되기 이전에도 의약품의 부작용으로 인한 손해는 발생하여왔다. 이러한 경우를 위해서 판례는 제조물 책임법과 유사한 법리를 발전시켜 왔고, 의약품 결함은 혈액제제와 관련하여 판례가 형성되어 왔다. 제조물 책임법 시행 이전에 제조된 의약품으로 인한 손해는 향후에도 발생할 수 있기에 판례 법리는 중요한 검토의 대상이다.

사고시나리오(SASA)의 제조물책임(PL)법에의 적용 (Adaptation to the product liability of systematic approach to accident scenario analysis (SASA))

  • 권영국;김진윤
    • 대한안전경영과학회지
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    • 제3권4호
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    • pp.19-34
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    • 2001
  • Since the introduction of product liability law from America in 1960s, product liability has been on the rise as an important problem to the quality management of company and consumer's safety. Together with this, before the legislation of product liability system in Korea, the sense and level of company and consumer about product safety are rapidly changing, In times like the present, ensuring more systematic product safety and consumer safety, and the buildup need of competitive power in accordance with product liability prevention of company grows raising. Therefore, this study presents the most effectively manageable ways of product liability the side of safety management of consumers and companies through the ensuring ways and activity models of product safety and certification system in company.

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리콜제도와 제조물책임법에 관한 고찰 (The Review of Legal Regulations on Recall Service and Product Liability Law)

  • 허경옥
    • 대한가정학회지
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    • 제34권5호
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    • pp.67-84
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    • 1996
  • This study examined two laws protecting consumer's safety, the 'Product Liability Law' and 'Legal Regulations on Recall Service.' and investigated the need for and importance of the laws. Second, the requirements regarding the procedures for implementing these laws were reviewed. Regarding the 'Product Liability Law', the study considered how the damage and injury of consumers caused by defects in production would be compensated and under what conditions. Regarding the law to regulate Recall service, this study reviewed when and how producers must recall their products because of their defects. Finally, the directions for enacting these laws were suggested, and several difficulties arising from their enactment were considered. Several suggestions were made to enact these two raws in order to enhance comsumer safety, consumer sovereignty, and consumer well-being.

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제조물책임(PL)법 시행에 따른 품질경영시스템 개선방안 (A Study on the Improvement of Quality Management System under Product Liability Law)

  • 배성아;김복만
    • 산업경영시스템학회지
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    • 제26권1호
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    • pp.54-60
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    • 2003
  • In this research, we investigate the countermeasure of Product Liability through existing research or books for reference about PL and ISO 9001 : 2000 quality management system. And we analyze relation between PL system and ISO 9001 : 2000 Quality Management System after compare ISO 9001 : 2000 and ISO 9000 : 1994. base on this analysis, we integrate the Quality Management System of company and an important factor of PL system in accordance with the product liability law. So we present a general improvable scheme of ISO 9001 quality management system that reduces overlap of quality business and utilize efficiently.

제조물책임법상 제조물로서 의약품의 결함 (Defective Medicine according to Product Liability Law)

  • 전병남
    • 의료법학
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    • 제8권1호
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    • pp.235-277
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    • 2007
  • In Product Liability law, the 'defection' of the manufactured products is its key concept, defined in detail. The concept had been already developed through the precedents and theories for the past years even before the PL law was enacted and the concept was listed. Especially, the medicine products need the different approach, because they might directly harm to the human life and body due to their being injected or taken, unlikely other manufactured articles. Since the medical products have the double contradictory functions such as effects and side effects, the defection decisions become so difficult. However, because there are high concerns that wrong medical products will directly harm the human life and body, the decision standards should be more strengthened. The decision standards should include the risk-effect standard as the considered components and make the customer-expecting standard as the final standard. The decision time for defection should be made considering the science technology level when the medical products were provided, not when the accident occurred. It is the most important for the manufacturers to prevent the damages by making and selling the non-defective medicine products for themselves, rather than by taking the legal remedy means afterwards. Therefore, the non-defective guidelines for the medicine manufacturers will help increase the effects and minimize the side-effects.

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제조물책임(PL) 대응방안으로의 ISO9001:2000 품질경영시스템 (Product Liability Prevention by ISO9001:2000 Quality Management System)

  • 최성운;이락구
    • 대한안전경영과학회지
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    • 제2권2호
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    • pp.57-69
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    • 2000
  • Beginning from July. 2000, the product liability of Korea is designed for reduction of customer loss by defective products. Therefore, most of company are supposed to be ready for taking care of safety and quality of products. ISO9001:2000 quality management system reform to emphasize continual improvement of the process with customer satisfaction. First of all, this paper start with introduction motive of the product liability and examine distinctive mark of the ISO9001:2000 quality management system. We consider the correlation between ISO9001:2000 quality management system and product liability and would like to propose product liability prevention by ISO9001:2000 quality management system with classification a defect style of product, the management guide and the law case.

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혈액제제 제조물책임 소송과 증명책임 -대법원 2011. 9. 29. 선고 2008다16776 판결과 관련하여- (Pharmaceutical Product Liability and the Burden of Proof)

  • 문현호
    • 의료법학
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    • 제12권2호
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    • pp.65-117
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    • 2011
  • This article analyzes the case (2008Da16776) which has the issue how patients have to prove causal relationship when patients claim against pharmaceutical companies alleging that patients were infected with virus due to contaminated blood products. The Supreme court held that: (1) if patients prove that they didn't have symptoms suggesting virus infection before administration of blood products, the virus infection had been confirmed after administration of blood products, and there were significant potential of contamination of the blood products with the virus, the defect in blood products or the negligence of pharmaceutical company in making blood products shall be presumed to cause the infection of the victim. (2) The pharmaceutical companies could reverse the presumption by proving the blood products were not contaminated, but the fact that the victims were treated with the blood products manufactured by other companies or had received blood transfusions is not enough to reverse the presumption. The case is the first decision whether the burden of proof about causal relationship could be reduced in pharmaceutical product liability lawsuit. Hereafter pharmaceutical product liability cases, it would be necessary to reduce the burden of proof about causal relationship in order to make substantive equality between patients and pharmaceutical companies.

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