• Korean Architects
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• s.574
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• pp.144-155
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• 2017

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.62
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• pp.33-53
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• 2014

This study examines the seller's liability for defects in title of goods under SGA. If the contracting parties choose SGA as a governing law, they should pay attention to whether a contractual stipulation for defects in title of goods is a condition or a warranty. It is because SGA divides contractual terms into a condition and a warranty. And its effects regarding a breach of a condition or a warranty are different. Under SGA s 12(1) as a condition, in a contract of sale, the seller has a right to sell the goods at the time of contract, and in the case of an agreement to sell, he will have such a right at the time when the property is to pass. Under SGA s 12(2) as a warranty, there is an implied warranty that (a) the goods are free, and will remain free until the time when the property is to pass, from any charge or encumbrance and (b) the buyer will enjoy quiet possession of the goods as long as the buyer retains an interest in the goods. But the seller will not be liable if the third party unlawfully interferes with the buyer's possession.

• Journal of Arbitration Studies
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• v.10 no.1
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• pp.92-113
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• 2000

Products liability refers to the liability of any or all parties along the chain of manufacture of any product for damage caused by that product. This includes the manufacturer of component parts (at the top of the chain), an assembling manufacturer, the wholesaler, and the retail store owner (at the bottom of the chain). Products containing inherent defects that cause harm to a consumer of the product, or someone to whom the product was loaned, given, etc., are the subjects of products liability suits. The goal of products liability system should be to maximize consumer welfare by efficiently providing just compensation for injuries incurred and deterring future injuries without unreasonably impeding the supply of the goods and services to consumers. Some advanced countries, apart from relying on products liability systems, also apply other policies and legislation directly aimed at the safety of the consumer. The application of general safety policies as well as products liability rules is not costless. An efficient system will not eliminate risk from society. An efficient system ... that maximises consumer welfare ... maximises the benefits while minimising the costs. Products liability claims can be based on negligence, strict liability, or breach of warranty of fitness depending on the jurisdiction where the claim is based. In view of international business and law circumstances, it should be stressed that international enterprises in Korea should consider how to cope with the situation of international transaction. International enterprises should have a correct perception about products liability which is to contribute the stabilization and improvement of the people's life and the sound develpement of the national economy. Products liability system creates incentives that influence behaviour and performance in ways that are desirable, such as more diligent monitoring to prevent defective products from reaching the market-place. At the same time, any liability system will impose burdens that are undesirable, such as greater costs imposed on business and consumers and reduced avaiability of consumer goods. The concern for society is to balance. The ideal situation is where the cost imposed on producers of goods and services pushes them to a desirable level of care but not so far that producers reach undesirable level of caution that may deprive consumers unnecessarily of the benefits from new and innovative products.

• IE interfaces
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• v.15 no.2
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• pp.107-113
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• 2002

Recent reports studied that injuries or deaths frequently occurred in consumer product accidents by product defects. Broadly speaking, product liability is liability which is imposed upon a manufacturer or other seller for personal injury, death, property damage and/or commercial loss arising with respect to a product or service provided by it. In this study, we want to search a method of prevention against appling PL laws. The way was researching on the level of appreciation of PL law, warning messages's means and design criteria for seller or consumer of child toys. As a result, most people didn't understand PL laws. Although they read them before purchasing child toy, many consumers didn't differentiate means of "Notice", "Warning", and "Danger" in warning messages. In addition, they considered important factors in warning messages as notice warning, safety mark(UL, etc), age recommendation and color in order. This study will be effective to search a method of prevention against PL laws.

• Journal of Applied Reliability
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• v.2 no.2
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• pp.99-112
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• 2002

Risk financing is defined as the methods applied to fund risk treatment and the financial consequences of risk. It is a major component of the transfer of risk and the retention of risk which are, in turn, parts of the risk treatment process. This study applied the general guidelines on risk financing to product liability risk. Product liability risk occurs when potential defects in the process of design, production, and distribution lead to accidents resulting in fatal, financial, and environmental loss. Risk on product liability may be financed in many different ways, each of which may be used singularly or in combination. The most popular and recommendable way suggested in the guidelines is the retention or use of reserves, transfer, credit or insurance.

• Proceedings of the Korean Institute of Building Construction Conference
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• 2017.05a
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• pp.274-275
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• 2017

Decree on the Management of Apartment Houses. Article 36 (Liability for warranty Repair Defects), Article 37 (About Repair Defect, etc), and its implementing ordinances, Article 36 (Term of warranty liability) Article 37 (Defect criteria), Article 38 (procedure of Repair defect), Article 39 (type of warranty liability), Enforcement Rule Article 17 (Certifiation of warranty liability). On the basis of the upper Decree, In spite of Standard and forms of 'Completion of Repair Defect' was exist, it was hard to receive 'End of Confirmation' in practice. The purpose of this study is to propose basics in order that Practitioners can apply problems and improvements about Decree on the Management of Apartment Houses.

• Journal of the Korea Safety Management & Science
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• v.2 no.3
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• pp.151-169
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• 2000

Product Liability(P.L) is designed for system which charge with a compensation for demages that has nothing to do with whether manufacturer make a mistake or not in that case suffer heavy losses anyone of body or property by defect of product. Now and then, most people interest of safety of product and main countries already carry out Product Liability. This paper analyzes newly studied cases by defects, products, countries in Korea and some developed countries (USA and Japan mainly) in order to prepare for Product Liability, which will be enforced on July 1, 2002 in Korea. Before P.L. began to enforce, many cases have happened and resulted in sues. Therfore, each country have revised the current P.L. after many trials and errors. From this respect, the cases of other countries and Korea will be compared and analyzed.

• Journal of the Korean Institute of Landscape Architecture
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• v.40 no.4
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• pp.104-113
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• 2012

This study aimed to find out the improvement plan through analyzing the perception of the expert group engaged in landscape architectural construction and to focus on analyzing the expert groups' experience on Landscape Construction Defects (LCD), defect liability, warranty period, and implementation of the defect liability. The results are as follows: 1. Regarding the experience on the LCD, landscape construction contractors were an awareness of the LCD issue at a serious level, while public-sector clients recognize moderately the LCD issue; and on the first priority in defect implementation, landscape construction contractors considered repair cost while public-sector clients value the identifying causes of defects. 2. In disagreement on the defect liability, landscape construction contractors attributed it to client's lack of responsibility for maintenance while public-sector clients ascribed it to the absence of dealing a criteria with LCD, and regarding the appropriate defect implementation, public-sector clients preferred the following objective by dealing the criteria with LCD while landscape construction contractors advocates by sharing the responsibilities for dealing with LCD based on the identified causes of construction defects. 3. Regarding the warranty period, the public-sector clients considered the 2-year warranty period as appropriate while landscape construction contractors considered it comparatively long, and concerning the commencement of defect warranty period, the public-sector clients viewed it as it should commence to cover the overall completion of the construction while landscape construction contractors perceived it to start on the completion of each work. 4. As for the improvement of the defect implementation system, public-sector clients considered it necessary to establish the objective dealing the criteria with LCD while landscape construction contractors viewed the legislation of maintenance duty. Also, with regard to the important value in establishing and dealing the criteria with LCD, public-sector clients pointed out the objective of the criteria for determining the defects per work type while landscape construction contractors suggested client (user)'s maintenance duty. Because of research, because the system in dealing with LCD is an absence of LCD management agency and dealing the criteria with LCD, it is needed to establish an LCD management agency and make the system in dealing with LCD.

• Journal of Arbitration Studies
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• v.31 no.4
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• pp.119-136
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• 2021

Due to the restriction of movement caused by the Corona epidemic and the expansion of the "big face" through human distance, the "unmanned system" based on artificial intelligence and the Internet of Things has been widely used in modern life. "Self-driving," one of the transportation systems based on artificial technology, has taken the initiative in the transportation system as the spread of Corona has begun. Self-driving technology eliminates unnecessary contact and saves time and manpower, which can significantly impact current and future transportation. Accidents may occur, however, due to the performance of self-driving technology during transportation albeit the U.S. allows ordinary people to drive automatically through experimental operations, and the product liability law will resolve the dispute. Self-driving has become popular in the U.S. after the experimental stage, and in the event of a self-driving accident, product liability should be applied to protect drivers from complicated self-driving disputes. The purpose of this paper is to investigate whether disputes caused by defects in ordinary cars can be resolved through arbitration through U.S. precedents and to investigate whether disputes caused by defects in autonomous cars can be arbitrated.

• Proceedings of the Korean Institute Of Construction Engineering and Management
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• 2004.11a
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• pp.366-369
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• 2004

Construction demands will become high. Defects liability is treating with a consumer on a defect. Maintenance bond is overlooking excessive responsibility of construction industry participants. This study classified the problem that are divided to systematic and internal matter. And this study presented an improvement proposal. An improvement proposal of a process may reduce a financial burden of contractors and sub-contractors. And improved rate decision will do additional consideration of the study result, so that it is appropriated a rate rationally.