• 무역상무연구
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• 제34권
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• pp.3-26
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• 2007

Product liability law lies at the center of the modem world. This law concerns liability for damages arising from the commercial sale of a product that causes personal injury or property damage because it was defective or falsely represented. One engaged in the business of selling or otherwise distributing products who sells or distributes a defective product is subject to liability for harm to persons or property caused by the defect. In short, product defectiveness is the heart of products liability law. Regardless of the underlying cause of action, the plaintiff in nearly every products liability case must prove that the defendant's product contained an unnecessary hazard that caused the harm. The purpose of this paper is to clarify the meaning of the product defectiveness to products liability claims in China. In China, Product to include most movable personal property, but to exclude services. And a product is defective when, at the time of sale or distribution, it contains a manufacturing defect, is defective in design, or is defective because of inadequate instructions or warnings.

• 한국건축시공학회지
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• 제4권4호
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• pp.127-134
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• 2004

The purpose of this study is to suggest the rational plans of Construction Policies under Product Liability Law. The results of this study are summarized as follows: 1) Analytical survey of actual Influence under Product Liability Law in Construction Industry. 2) Review of Business Strategies of Constructor and Building Material Supplier. Although real estate including apartment is excepted from the application of product liability law, constructor are not perfectly free to the product liability law. And the expectancies of this paper are that it can be used as efficient data for improvement of system to systematize contents of Product Liability Law in korea.

• 한국경영과학회:학술대회논문집
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• 한국경영과학회 2001년도 추계학술대회 논문집
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• pp.362-365
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• 2001

Human, physical damage is happened frequently to consumer's safety accident by product defect on modern industrial society. Accordingly, advanced nation including the United States of America enforce product liability law and is protecting consumer more actively from danger of product defect. Our country(Korea) may enforce product liability law since July, 2002, and if business does not grope effective confrontation way about PL, capital strength weak smaller enterprise and venture business corporation's competitive power may affect much corporation's competitive power enfeeblement and survival. This research supplement based on induction and operating QMS in smaller enterprise essential factor that corporations must equip according to product liability law enforcement. And we present integration quality management system model of Product liability to do so that smaller enterprises may can cope effectively at force of Product liability law.

• 의료법학
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• 제7권2호
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• pp.331-364
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• 2006

Medical supplies have contradiction of efficacy and side effect to the various diseases together. Therefore, people have tried to reduce the side effects and also provide various methods to cope with any damages from the medicine quickly. In the case of accidents by medical supplies, the victim can be protected with advantage by the Product Liability Law rather than the Torts. The limit of Product Liability Law's application depends on whether medical supplies belong to the product or not. According to Product Liability Law, the product should be processed. Therefore, medical supplied should be processed to be the category of product. It can be said that the medical supplies in pharmacy, Chinese medicine, medical herbs, biological medicine manufactures, blood manufactured medicine, cord blood, hemopoietic progenitior cell and stem cell belongs to the manufactured products. The mixture by the prescription of doctor or preparation of pharmacist can be recognized as the product because prescription or preparation is a manufacturing act. Therefore, applying Product Liability Law to manufacturer, doctor or pharmacist would achieve the goal which is protecting the victims extensively.

• 무역상무연구
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• 제25권
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• pp.243-266
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• 2005

Product liability is becoming a real issue to exporters, manufacturers world wide. The purpose of this study is to examine the product liability of Korean exporters, manufacturers, etc. under Product Liability Laws and Regulations of China. For this purpose, firstly we deal with the Product Liability Laws and Regulations of China. Secondly we analyze the case study concerning the Product Liability in China. From the analysis of case study, Korean exporters, manufacturers, etc. are required to pay close attention to the following : the correspondence of English with Chinese in the warning phrases, the possibility of application of strict global standard in case of existence of product liability, the proper treatment of evidence in the process of litigation, the application of strict liability and the shift of responsibility for evidence on to a defendant, the observance of procedures prescribed by the country in design and manufacture of the product, the manufacture of product to come up to country standard in quality, the consideration of diverse expression in the preparation of warning sign, the importance of quality control and inspection system in case of local procurement of parts and raw materials, Finally, this paper contributes to help the Korean Exporters, Manufacturers, etc. to build up the proper countermeasures regarding product liability under the product liability regulations of China.

• 품질경영학회지
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• 제26권1호
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• pp.27-47
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• 1998

The primary objective of this research is to provide the basis of total quality management policies by reviewing previous studies which investigated effective ways to reduce product liability exposure. Specifically, the present study intends (1) to examine recent patterns and trends of product liability law in OECD countries, (2) to propose quality management policies for preventing product liability litigations, and (3) to guide the proper implementation process of ISO 9000 certification programs. The survey results show that the shift from a negligence law theory to strict liability is evident in most countries. The trend has led to make it easier for consumers to bring product liability lawsuits. Furthermore, the damage awards won by consumers have been drastically increasing. To minimize product liability exposure, manufactures should reflect comprehensive product safety concepts in establishing total quality management policies. Cooperative activities are also required between departments in companies to reach safe and satisfactory quality level. These quality management activities should be performed consistently during the total product life cycle. Failure to comply with the ISO 9000 certifications might be used as an evidence of negligence or as evidence of a design defect in court. Previous lawsuit cases, however, reveal that ISO 9001-9003 registration process alone is not sufficient in terms of product liability pervention perspectives. Therefore, manufactures should take into account ISO 9004 before implementing any other section of ISO 9000 standards.

• 한국항공운항학회지
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• 제12권3호
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• pp.41-63
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• 2004

The area covered by product liability in broadest sense is so vast that an attempt to analyse all its impact on the aviation world risk. Every effort has been made to confine our review of subject a closely as possible to its influence on aircraft manufacturers, airlines and passengers, in spite of strong connections with other spheres of commercial. Product Liability in aviation is the liability of aircraft's manufacturer, processor or non-manufacturing seller for injury to the person or property of a buyer or third party caused by a product which has been sold. Here-in a product is aircraft, third party is passengers who suffered damage by defective design, defective construction, inadequate instructions for handling in aircraft. Whenever a product turns out to be defective after it has been sold, there are under Anglo-American law three remedies available against the aircraft's manufacturer (1) liability for negligence (2) breach of warranty (3) strict liability in tort. There are Under continental law Three remedies available against the aircraft's manufacturer (1) liability for defective warranty (2) liability for non-fulfillment of obligation (3) liability in tort. It is worth pointing out here an action for breach of warranty or for defective warranty, for non-fulfillment of obligation is available only to direct purchaser on the basis of his contract with the aircraft's manufacturer, which of course weakness its range and effectiveness. An action for tort offers the advantage of being available also to third parties who have acquired the defective product at a later stage. In tort, obligations are constituted not only by contract, but also by stature and common law. In conclusion, There in no difference in principle of law. In conclusion I would like to make few suggestions regarding the product liability for aircraft's manufacturer. Firstly, current general product liability code does not specify whether government offices(e.g. FAA) inspector conducted the inspection and auditory certificate can qualify as conclusive legal evidence. These need to be clarified. Secondly, because Korea is gaining potential of becoming aircraft's manufacturer through co-manufacturing and subcontracting-manufacturing with the US and independent production, there needs legislation that can harmonize the protection of both aircraft's manufacturers and their injured parties. Since Korea is in primary stage of aviation industry, considerate policy cannot be overlooked for its protection and promotion. Thirdly, because aircraft manufacturers are risking restitution like air-carriers whose scope of restitution have widened to strict and unlimited liability, there needs importation of mandatory liability insurance and national warranty into the product liability for aircraft's manufacturers. Fourthly, there needs domestic legislation of air transportation law that clearly regulates overall legal relationship in air transportation such as carrier & aircraft manufacturer's liability, and aviation insurance.

• 대한가정학회지
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• 제38권4호
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• pp.85-98
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• 2000

PL law seeks consumers'just compensation and effective deterrence through shirting liability principle from negligence to strict liability. Impact analysis of Product Liability(PL) Low requires consumers' perspectives. This paper performed a policy delphi to predict the impact of PL law on consumers. The study surveyed the opinions of 30 specialists in PL area, ranging from government, officials, professors, researchers, consumer activists, to business executives, for three times. The consumer are as follows: first of all, PL law can contribute to damage compensation significantly in that it stimulates consumer complaints through non- court procedures. It is very unlikely that suits will be increased rapidly due to PL because of the current law environment. The degree of influence of PL law on damage compensation will very according to the content of PL law. Secondly, PL law can contribute to deterrence in that it encourages companies' efforts for product safety while it doesn't undermine consumers' attentions to safety. The influence on companies' efforts will vary according to the content of PL law.

• 한국벤처창업학회:학술대회논문집
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• 한국벤처창업학회 2008년도 추계학술대회
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• pp.285-334
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• 2008

2002년 제조물책임법이 시행된 이후 정부에서는 종합시책을 확정하고, 업종별 PL센터를 설립하여 소비자 상담과 분쟁에 적극 대응하고 있다. 그러나 아직 많은 기업들이 제품고유의 안전성 확보를 위한 철학과 기술을 가지고 있지 못하여 제조물책임법에 대한 대응체계가 미흡한 것이 사실이다. 본 연구의 목적은 제조물책임 관련 안전사고와 리콜실태, 소비자 위해실태, Pl보험사고 소송사례 등을 실증적 사례중심으로 검토 분석하여 이를 토대로 제조물책임이 기업가치에 어떠한 영향을 미치는지 상호관계를 연구하고, 기업의 제조물책임 대응전략을 제시하는데 그 의미가 있다.

• 벤처창업연구
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• 제3권3호
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• pp.17-65
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• 2008

2002년 제조물책임법이 시행된 이후 정부에서는 종합시책을 확정하고, 업종별 PL센터를 설립하여 소비자 상담과 분쟁에 적극 대응하고 있다. 그러나 아직 많은 기업들이 제품고유의 안전성 확보를 위한 철학과 기술을 가지고 있지 못하여 제조물책임법에 대한 대응체계가 미흡한 것이 사실이다. 본 연구의 목적은 제조물책임 관련 안전사고와 리콜실태, 소비자 위해실태, Pl보험사고 소송사례 등을 실증적 사례중심으로 검토.분석하여 이를 토대로 제조물 책임이 기업 가치에 어떠한 영향을 미치는지 상호관계를 연구하고, 기업의 제조물책임 대응전략을 제시하는데 그 의미가 있다.