• 한국안전학회지
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• 제16권4호
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• pp.188-193
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• 2001

From July 1st 2002, the Product Liability Act will be efficacious in Korea, and its influence will be prevalent over all industrial folds. However, little attention has been paid to the Act and its influence in the area of Industrial Safety. Therefore, this paper aimed to call the people's attention to them, and to suggest some points for counterplans in that n As for counterplans to the Product Liability, there are two different approaches - Product Liability Prevention (PLP) and Product Liability Defense(PLD). Between them, PLP is more safety-oriented approach, and especially Product Safety(PS) will be the core of it. Related with this, it was noted that productive goods which are utilized as productive materials or tools in the later process or industries could be troublesome when the Act is efficacious. As a solution, the necessity of cooperation among manufacturing plants belong to the similar industry, and of development of qualitative techniques applicable to analyses of consumers behavior was emphasized. Ant the interest and participation of Human Behavioral Scientists, Ergonomists as well as Consumer Psychologists were called upon. Also, it was suggested that an integrative approach including administrative or governmental management system for industrial goods should be developed.

• 산업공학
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• 제15권2호
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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.

• 한국신뢰성학회지:신뢰성응용연구
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• 제2권2호
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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.

• 무역상무연구
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• 제64권
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• pp.155-185
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• 2014

Liability for the manufacture or supply of defective products can arise in two principle ways, in tort and in contract. English law has long regarded shipbuilding contract as agreement for the sale and purchase of goods. The consequence of which is that unless the Buyer and Builder agree otherwise, terms will automatically be implied into the contract between them as to the quality and performance of the completed vessel. The same principle applies to sub-contracts allied to the shipbuilding contract. On the other hand, one case decisions established that ".... a contract to build a ship, though a contract of sale of goods, has also some characteristics of a building contract", Recently the liability of a manufacturer in tort for physical damage i.e. personal injury and damage to property other than alleged to be defective is now well settled in most countries. Accordingly the Builder may face third party claims in tort more regularly than they have in the past, if the statutory implied terms have not been expressly excluded in contract. In such circumstances, it is necessary for the Builder to be prepared with counter measures to secure the stability of the vessel from its design development, building process, delivery and operation etc. The purpose of this paper is, from the case of "MSC Carla", to review product liability, jurisdiction and the initial date of extinctive prescription, then to suggest counter measures to the Builder.

• 의료법학
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• 제21권3호
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• pp.77-116
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• 2020

현대 과학의 경험과 성과가 반영된 의약품의 사용으로 인류에게 질병의 치료와 건강 상태의 개선이라는 혜택이 주어지고 있다. 그러나 의약품은 질병의 치료라는 혜택 이외에도 본질적으로 피할 수 없는 부작용도 내포한다. 각국은 부작용으로 인한 피해의 최소화를 위해 시장진입 규제나 시판후조사 등의 조치를 취하고 있으나, 부작용의 발생은 피할 수 없다. 부작용으로 인한 손해의 발생이 불가항력이라도 그 점이 사전에 알려진 것이었다면, 의약품의 종류와 사용 형태에 따라서 처방한 의사나 복약지도를 담당하는 약사 등이 손해를 배상해야 한다. 의약품에 결함이 있어 손해가 발생하는 경우도 있는데, 손해 배상의 일반원칙을 그대로 적용해서는 결함으로 인한 부작용 피해자가 손해를 배상받기 쉽지 않다. 우리나라를 비롯한 여러 나라가 제조물 책임법을 통하여 피해자의 보호를 도모하고 있으며, 의약품도 제조물에 포섭되기 때문에 제조물 책임법을 통한 손해배상을 문의할 수 있는데, 이 때 주로 설계상의 결함이나 표시상의 결함이 문제될 수 있다. 제조물 책임법이 제정·시행되기 이전에도 의약품의 부작용으로 인한 손해는 발생하여왔다. 이러한 경우를 위해서 판례는 제조물 책임법과 유사한 법리를 발전시켜 왔고, 의약품 결함은 혈액제제와 관련하여 판례가 형성되어 왔다. 제조물 책임법 시행 이전에 제조된 의약품으로 인한 손해는 향후에도 발생할 수 있기에 판례 법리는 중요한 검토의 대상이다.

• 대한인간공학회지
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• 제30권1호
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• pp.9-17
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• 2011

Consumer products are produced on the premise that consumers can use their products safely and effectively no matter how serious human errors they may make. However, different careers and educational experiences of them may induce diverse human errors when they want to use them. In that sense, not a few policies to reduce human errors may show some implications for human error prevention and industrial design of consumer products. In this paper, producers' safety efforts required by Product Liability(PL) Act were reviewed in view of human error prevention, and legal aspects of manufacturers' responsibility for consumer products were discussed in relation to Product Liability Act. Then, principal approaches for them were introduced under the title of System Safety Precedence. After that, major key points for preventing human errors related with consumer products - such as ergonomic design and effective labeling - were discussed with reference to ISO standards. Therefore, it was shown that all the efforts required by PL Act would be correspondent to human error prevention in the whole manufacturing processes if understood by ergonomists. To make a conclusion, it could be said that, for human error prevention, the principle of System Safety Precedence would be indispensable, and that all the efforts for preventing human errors should be systematically organized in Product Safety Management Systems.

• 한국디자인학회:학술대회논문집
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• 한국디자인학회 2003년도 봄 학술발표대회논문집
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• pp.78-79
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• 2003

• 전기학회논문지P
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• 제58권4호
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• pp.632-632
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• 2009

The purpose of this study is to present the range of defects mentioned in the Product Liability (PL) and to establish an objective basis and grounds for the analysis of accidents expected to happen by analyzing and presenting the external flame pattern and electrical characteristics of an LED streetlight lamp, a new lighting lamp. From the analysis of the cross-section of a cable carbonized by an external flame, it was observed that the wire's strand and insulation material had solidly adhered, and that greater voids were formed at the surface than at the center. Irregular carbide lumps were formed in the globe directly exposed to the flame, and the globe carbonized by the indirect flame showed characteristics that they had melted and flowed downward. It was found that the forward and backward resistances of the normal LED were approximately 1.74 [$M{\Omega}$] and 140 [$M{\Omega}$], respectively. The lamp burnt by the strong flame exhibited infinite forward and backward resistances and the LED did not emit light. The carbonized LED lamp was gray and exhibited fine delaminations. According to the Product Liability, a product defect signifies a simple product defect. Most of the defects were caused by the lack of stability, and the defect of the product itself occurred during the design and manufacture. The defects in warnings and markings include an insufficiency of handling manuals and warnings, expressive warranty violations, defective markings, etc. In order to prevent an accident resulting from a product, it is necessary to prepare safety warnings and documentation, establish clear-cut lines of liabilities, and subscribe insurances. However, it could be seen that important factors against the Product Liability were product improvement, response to compensation requests and law suits, credit restoration, etc.

• 한국신뢰성학회:학술대회논문집
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• 한국신뢰성학회 2001년도 정기학술대회
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• pp.385-387
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• 2001

This is a brief report oil the characteristics of elderly persons in Korea for product liability and product safety. Recently. the elderly persons rapidly go on increasing in number. So, the considerations of their characteristics in product design become more and more important not only for product safety but for the commercial target. We describe a result from the survey on some of the characteristics such as Stereotypical or common expectations in type, size, motion characteristics, and direction of control operation(i.e., population stereotypes), depth perception, and tracking performance through a structured interview and experiments. This basic study will go on.

• Journal of Korea Trade
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• 제27권1호
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• pp.159-175
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• 2023

Purpose - This paper empirically investigates the relationship between born global strategy and the accounting- and market- based financial performance of Korean firms. Further, this study identifies the characteristics of born global firms (BGs) in comparison with non-BG counterparts in terms of size, R&D, and liability. Design/methodology - Using a database of listed Korean SMEs in the manufacturing sector from 2010 to 2020, this study applies panel generalized least squares (GLS) estimation and logistic regression techniques. Findings - This study finds that BG strategy is negatively related to the firm's accounting-based financial performance, while it is positively related to the market-based financial performance. This study also finds that BGs have higher sales volume and more total assets compared to their non-BG counterparts. In addition, Korean BGs spend more on R&D, and at the same time have higher liability. Originality/value - BGs, by definition, are firms that are actively penetrating foreign markets from the early stages of their establishment. Previous studies of Korean BGs have tried to identify the determinants of BGs' rapid internationalization and their superior performance. However, most of these studies have utilized either qualitative case- or survey-based analyses with relatively limited numbers of observations. From a different perspective, this study provides more objective evidence by investigating how the BG strategy affects the financial and market performance of firms, and by characterizing BGs in terms of financial data.