Browse > Article
http://dx.doi.org/10.5762/KAIS.2017.18.6.596

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

Han, Min-Suk (College of Humanities and Fusion, Hoseo University)
Publication Information
Journal of the Korea Academia-Industrial cooperation Society / v.18, no.6, 2017 , pp. 596-608 More about this Journal
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;
Citations & Related Records
Times Cited By KSCI : 2  (Citation Analysis)
연도 인용수 순위
1 J. S. Seo, "A study on the integration method of ISO 9001, ISO 14001, OHSAS 18001, ISO 50001 management system" M. A. dissertation graduate School, Pusan National University, 2012.
2 K. I. Song, J. S. Jang, "Comparative Analysis among ISO 9001, ISO 14001, OHSAS 18001 and ISO 50001 and Case Study for Integration Management System", Journal of the Korean Institute of Plant Engineering, vol. 18, no. 3, 2013.
3 W. J. Yoo, "Research about Integrated System construction design of ISO 9001;2000, KS and Product Safety Management by PL(Product LiabilityO law practice" Journal of the Korean Society for Quality Management, vol. 31, no. 4, 2003.
4 B. W. Kim, "A Study of Constructing Integration System with ISO 9001:2000, Korean Industrial Standard and Product Safety Management Under the Execution of Product Liability Law" M. A. dissertation graduate School, Konkuk University, 2003.
5 G. B. Chong, "A Study on the Effective Countermove of P/L System by Integrated Quality Management System : the Case of Medical Instruments Industry in the Nation", M. A. dissertation graduate School, Hongik University, 2003.
6 Product Liability Law.
7 KS Q ISO 9001:2015 Quality Management System Requirements, Korean Agency for Technology and Standards, 2015.
8 KS I ISO 14001:2015 Environment Management System Requirements, Korean Agency for Technology and Standards, 2015.
9 KS A ISO 50001:2011 Energy Management System Requirements, Korean Agency for Technology and Standards, 2011.
10 OHSAS 18001:2007 Occupational Health and Safety Assessment System Requirements, British Standards Institution, 2007.
11 K. C. We, "Rechtsvergleichende Untersuchung uber Produkthaftung fur reinen Vermogensschaden", Kyungpook National University, Law Journal, vol. 42, pp. 275-306, 2013.
12 J. I. Hong, J. H. Park, ISO New paradigm of management system HLS, Korea Standards Association Media, 2015.
13 J. H. Seo, S. M. Bae, "Identifying Inderstry-Specific Components of Product Liability Response System Using Delphi-AHP Method", Management and Production Engineering Review, vol. 7, no. 4, pp. 29, 2016. DOI: https://doi.org/10.1515/mper-2016-0033   DOI
14 LS Cable & System Ltd, Quality Management Teaching materials, 2007.
15 J. H. Kim, "Die verschuldensunabhangige Haftung fur fehlerhafte Produkte - Zur Notwendigkeit der Beweislasterleichterungen" Legal Research, vol. 44, pp. 59-7, 2014.
16 S. L. Kwon, D. Y. Han, "A Study on Issues and Improvement Plans concerning the Product Liability Act", Korea Law Association, vol. 51, pp. 173-194, 2013.
17 Ansoff. H. I, "The Sate of Practice in Planning System", Sloan Management Review, Winter, 1972.
18 T. H. Jung, S. Y. Han, Occupational Health & Safety Assessment System Deployment guide, Future Publisher, 2015.
19 J. H. Seo, B. S. Ko, S. M. Bae, "Extracting Priorities of Strategic Components of Product Liability Response System using AHP", J Korean Soc Qual Manag vol. 42, no. 2. pp. 235-252, 2014. DOI: https://doi.org/10.7469/JKSQM.2014.42.2.235   DOI
20 Korea Federation of SMEs, Actual situation and opinion investigation of small & medium business product liability law K-BIZ, 2016.
21 S. H. Lee, "A Study on the Integrated Management Systems Establishment and Operation of the KS, QMS and EMS", M. A. dissertation graduate School, Chungju National University, 2010.
22 Y. S. Kim, "A strategy for the Integration of management system and the methodology of operational efficiency", M. A. dissertation graduate School, Kyonggi University, 2010.
23 K. S. Kim, G. C. Lim, S. S. Chung, "A Study on the PL Response by Integrated Management System", Journal of the Korean Society for Quality Management, vol. 39, no. 1, p. 129, 2011.
24 Y. H. Choi, J. K. Yang, S. B. Lee, " A Development of Integration System Process for the integrated operation of the ISO Working - Concentrated on Construction Industry", Journal of Architectural Institute of Korea, vol. 14, no. 4, 2012.