Korea Trade Review (무역학회지)

Korea Trade Research Association (한국무역학회)
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Study on Proof of Product Liability Act

제조물책임법 입증책임에 관한 연구

  • Kim, Eun-Bin (Department of International Trade, Pusan National University) ;
  • Ha, Choong-Lyong (Department of International Trade, Pusan National University)
  • Received : 2019.11.27
  • Accepted : 2019.12.16
  • Published : 2019.12.31
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Abstract

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.

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