• Journal of Korean Institute of Industrial Engineers
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• v.26 no.3
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• pp.265-282
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• 2000

Despite manufacturers' effort to provide safe and reliable products, a number of product-related accidents occur all over the world resulting in much damage to property, personal injury and even loss of life. Considerable evidence indicates that some accidents arise from user negligence, but most are due to the design, manufacture, and distribution of unreasonably dangerous products when compared to their use. As a result, a tremendous number of product liability lawsuits have been filed, many times causing huge amount of financial damages to manufacturers. Furthermore, with increasing government regulation and growing power of consumer lobbies, manufacturers might be more exposed to product liability claims in the future than now. The objectives of this study are twofold: to provide a framework of future research on product liability and safety and to introduce a product safety policy. To accomplish these objectives, previous studies on product liability and safety were reviewed thoroughly. The product safety policy consists of two parts: (1) an engineering design strategy for reducing product-related risks and (2) a management program for a product liability loss prevention plan. The policy is essential to preventing manufacturers' liability exposure as well as designing a safer product.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.25
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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.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.34
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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.

• The Journal of Industrial Distribution & Business
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• v.8 no.6
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• pp.25-31
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• 2017

Purpose - This study examines car accidents that occurred in South Korea territory, and analyzes criminal liability of the offender and certain issues of driver's insurance, but a civil liability to the injured is excluded as civil liability belongs to auto insurance. Research design, data, and methodology - With carrying out this research, case study of driver's liability and literature review were adopted throughout. For this, car accidents that occurred in South Korean territory were examined and then criminal liability of the offender and certain issues of driver's insurance were analyzed. Results - From this case study on driver's liability it was found that the offender cannot receive insurance money from the insurer irrespective of the valid drive insurance, if there is no 'bill of agreement of criminal consensus'. This study suggests some ideas, offers suggestions of convenience and assistance of qualified claim staff to overcome a hurdle of drive insurance. Conclusions - As long as the accident is not a fraud and scam by the parties concerned, advance payment of agreement of criminal consensus is required to the insured, the policy holder within the limit of liability of driver insurance, on condition that the drive insurance is valid.

• Journal of Korean Society for Quality Management
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• v.26 no.1
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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.

• The Journal of Industrial Distribution & Business
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• v.12 no.11
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• pp.33-50
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• 2021

Purpose: In South Korea, two kinds of mandatory insurance, Fierce Liability Insurance and Outdoor Advertising Liability Insurance sells as of February 2021 according to relevant codes. This study analyzed third party liability and personal living liability insurance in terms of various risks not corporation side but personal side arising from normal living and life. Research design, data and methodology: Some cases of drone accident hit man and fierce dog accident were taken into analysis to verify blame ratio and insurance claim money. The former case is that on the way down the elevator, the dog, American pit bull terrier rushed in and bit the lower part of the knee against the visitor. The latter case is that while flying in the sky as usual, the drone suddenly crashed, fell, and hit the head of a young child while walking on the street. Further previous studies such as third party liabilities, liability insurance, mandatory insurance were deeply analyzed. Results: Based on some case studies and previous studies, the author suggested valuable comments in turn realization of insurer as provider, exhaustive creation and operation of mandatory insurance, realization of insured as demanded, and arrangements of laws and systems in special consideration of amendment of companion animal and exhaustive execution of mandatory insurance by the government. Conclusions: This study was about third party liability, personal living liability insurance and expansion of mandatory insurance caused by relevant laws by the government. In this study the author verified what issues were observed from two cases drone accident and fierce dog accident and then suggested some valuable comment as above both systemic plans and practical plans. First of all, the individual should get Comprehensive Property Insurance(CPI) that covers the risks of his/her own property arising from the everyday life. And then the individual should further buy Personal Living Liability Insurance(PLLI) in order to prepare 'accidents that may happen when, where, or how' and overcome the said accidents. Moreover, the individual should take a look every single insurance contract whether he/she has a special terms and conditions of Personal Living Liability Insurance(PLLI) or not.

• Journal of the Korean Society for Aviation and Aeronautics
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• v.12 no.3
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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.

• Asia-Pacific Journal of Business
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• v.12 no.4
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• pp.253-270
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• 2021

Purpose - The main purpose of this study is to measure and evaluate the level of national liabilities that Korea's national finances can afford. Specifically, the concepts of national debt and national liability are clarified, and the appropriate level of national liabilities is measured in terms of short-term fiscal crisis, mid-to-long-term fiscal crisis, and GDP. Based on these measurements of fiscal crisis, this study would like to propose national fiscal management plans. Design/methodology/approach - In order to clearly recognize the difference between the national debt and the national liability, this study examines the data from 2013 to 2020. In addition, this study uses data from the national financial statements from 2013 to 2018 to measure the appropriate level of national liabilities in terms of fiscal crisis management. Findings - Short-term fiscal crises, measured by current ratios, will not occur. Nevertheless, in view of the cash flow compensation ratio, the short-term bankruptcy of the national finances of Korea depends on the re-borrowing of short-term borrowings and current and long-term borrowings. In addition, in order to manage the mid-to long-term financial crisis, it is necessary to pay attention to the liability growth rate rather than the liability size. Research implications or Originality - While previous studies focused on the appropriate level of national debt, this study was differentiated as a study focused on the level of national liability coverage. It is expected that the results of this study will be used to manage the national fiscal soundness.

• Journal of Korean Society for Quality Management
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• v.25 no.4
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• pp.140-153
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• 1997

In this paper, we explain Production Liability(PL) law and research Protection and Deference of Manufacturing Company for Production Liability Law. As Protection of Manufacturing company for PL law, we suggest company wide strategy and check list of organization of PL, design, manufacturing field, explanatory note, warning and instruct passage, sales and after service etc as TQM(total quality management) strategic. TQM of protect management of PL, which are all systematic manage of company. We also suggest defence of PL law as inside of company and insure PL insurance as outside of company.

• Journal of Distribution Science
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• v.14 no.3
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• pp.5-10
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• 2016

Purpose - This paper analyzed the accident of drone and related insurance goods which can be coverable with regard to drone accident. The study range is limited in the owner's care, custody, and the control of drone in South Korea, but military area and law and regulation of the drone would be exceptional. Research design, data, and methodology - With regard to drone's flight, drone can make possible risks and can give severe damage to the people. To carry out this research, literature survey and review such as journal, thesis and publications were adopted. Results - As for the insurance coverage from drone's accident involved in the purpose of business, insurance coverage depends on 'commercial general liability insurance'. However, in case of personal hobby including leasure intention, insurance coverage depends on 'living liability insurance'. Conclusions - From a drone's accident, operator and owner of the drone may face the property damage to the drone itself, and then can give severe damage or loss to the people such as physical injuries and property damage. Peoples should be concerned about having the awareness of drone's accident with insurance coverage.