• Asian Journal of Business Environment
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• v.14 no.1
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• pp.1-13
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• 2024

Purpose: This study explores the level of relevance of liability of foreignness (LOF) in foreign firms' decision to relocate or to expand their regional headquarters (RHQ) in Singapore. Research design, data and methodology: The research question is: what are the mitigating factors of LOF for RHQs operating in Singapore? This explorative study uses various resources from the government agencies: Singapore Economic Development Board such as annual reports between 2012 and 2022, investment programs and published interviews with RHQ's CEOs, Singapore Department of Statistics such as economic, socio-economic and investment data. Results: My study shows that years of nation-building toward a world-class infrastructure, identifying key-industries and conscientiously enhancing workforce skills and competency, developing and reviewing investment programs to attract and retain RHQs were the mitigating factors of LOF. Conclusion: This implies a low level of relevance of LOF in foreign firms' strategic choice to relocate or to expand their regional headquarters to Singapore. As such, the steady growth of multinational enterprises' (MNEs) RHQs in Singapore presents a challenge to the theoretical postulation of LOF positing that foreign firms are discriminated in host country-environment. As a result, incurring additional costs operating in an unfamiliar environment manifested by varying responses from the local actors. Singapore is a case in point.

• The Korean Society of Law and Medicine
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• v.15 no.2
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• pp.63-89
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• 2014

In 1976, the Dalkon Shield-intrauterine device injured several thousand women in U.S.A. which caused the changes of medical deivce regulation. The Medical Device Regulation Act or Medical Device Amendments of 1976 (MDA) was introduce. As part of the process of regulating medical devices, the MDA divides medical devices into three categories. The class II, and III devices which have moderate harm or more can use the section 510 (k), premarket notification process if the manufacturer can establish that its device is "substantially equivalent" to a device that was marketed before 1976. In 21 U.S.C. ${\S}$ 360k(a), MDA introduced a provision which expressly preempts competing state laws or regulations. After that, the judicial debates had began over the proper interpretation and application of Section 360(k) In February 2008, the U.S. Supreme Court ruled in Riegel v. Medtronic that manufacturer approved by the Food and Drug Administration (FDA)'s pre-market approval process are preempted from liability, even when the devices have defective design or lack of labeling. But the Supreme Court ruled in Medtronic Inc. v. Lora Lohr that the manufactures which use the section 510 (k) process cannot be preempted and in Bausch v. Stryker Corp. that manufactures which violated the CGMP standard are also liable to the damage of patient at the state courts. In 2009, the Supreme Court ruled in Wyeth v. Levine that patients harmed by prescription drugs can claim damages in state courts. This may cause a double standard between prescription drugs and medical devices. FDA Preemption is the legal theory in the United States that exempts product manufacturers from tort claims regarding Food and Drug Administration approved products. FDA Preemption has been a highly contentious issue. In general, consumer groups are against it while the FDA and pharmaceutical manufacturers are in favor of it. This issues also influences the theory of product liability of U.S.A. Complete immunity preemption is an issue need to be more declared.

• Journal of the Korea Academia-Industrial cooperation Society
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• v.18 no.6
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• pp.596-608
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• 2017

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.

• IE interfaces
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• v.15 no.3
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• pp.270-278
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• 2002

Product Liability(PL) is a legal policy to deal with global competition by improving domestic industrial competitive power and to reduce the cost of defect products. The purpose of this paper is to address the state of the art solutions to dispute on PL, in reality of a frequent occurrence of global product exchange focussing on product safety that is one of the most important functions of PL and to improve solution of the product safety and reliability responsive to PL. To minimize PL exposure, manufacturers should reflect comprehensive product safety and reliability concepts in establishing PL prevention policies. Total PL prevention policies are composed of total quality management and product safety management system in respect of safety design, risk, and reliability. These PL prevention activities should be performed consistently during the total product life cycle, especially product research and development periods.

• Journal of the Korea Institute of Building Construction
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• v.13 no.2
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• pp.102-111
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• 2013

During the administration of a construction project, various types of participants are engaged in the project. From the design phase to the maintenance phase, these participants may confront many risks. To avoid these risks, participants should utilize an insurance company or a bond company. The types of risks and liability that a construction manager may face are listed in the construction law or contract. But there are some arguments related to risk transferring and the content of risks. For this reason, construction managers must carefully consider any possible risks in the contract and the construction law. Therefore, for construction managers to deal with risks appropriately, the introduction of a legal requirement to carry professional liability insurance, a defined compensation range for damages, a method of guarantee in the event of defects, a defined compensation claim period for damage, and a method of damage claim were suggested in this study.

• Proceedings of the Korea Society for Industrial Systems Conference
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• 2001.05a
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• pp.95-98
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• 2001

PL(product Liability, 제조물 책임)이란 제품의 결함에 의하여 소비자에게 생긴 손해를 배상할 의무를 부담하는 것을 말한다. 선진국에서는 제조자에게 엄격 책임(Strict Liability)을 인정하는 민사 책임 법을 시행하고 있으며, 우리 나라에서도 2002년 7월부터 PL 법의 시행을 앞두고 있어 그 방어대책이 절실한 시점이다. 제품의 안전성, 신뢰성 문제의 80%이상인 대부분의 요인이 설계에 있으며, 문제 해결의 근원은 단적인 의미로 설계품질을 높이는 것이라 할 수 있다. 본 발표에서는 PL법 시행에 대비한 제조물 책임 예방대책을 알아 보고, QFD, 신뢰성 전개, FTA, FMEA를 단계별로 연결하여 신뢰성, 안전성 평가의 결과를 정확히 분석할 수 있는 QDRD 기법을 소개하고자 한다.

• Journal of Korean Society for Quality Management
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• v.30 no.4
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• pp.164-173
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• 2002

The first product liability laws went into effect in Korea in July 2002. A person who suffers personal injury or damage to property due to defects in a product may sue both the manufacturer and the seller of the product under the principles of Korea tort law. This paper presents an integrated methodology which is called the QDRD(Quality deployment and reliability deployment) for hazards analysis in new product designs. QDRD applies QFD, FMEA and FTA to identify the hazards component, hazardous situations and hazardous events which could lead to an accident. An example is provided to demonstrate hazards analysis on a product using the QDRD method.

• Journal of Korea Society of Industrial Information Systems
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• v.11 no.1
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• pp.58-68
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• 2006

The purpose of this study is to find empirical relationship between PL activities and firm performance. Five categories of PL activities and three performance measures were examined. Using a sample of 135 companies, we found that activities related to TQM practices and manufacturing defect had significant impacts on all three measures of performance. Activities related to design defect, warning defect and sales partially influenced performance measures. The result suggests that performance could be maximized by the mutual organic combination of the product safety efforts with the overall process from design to sales.

• Asian-Australasian Journal of Animal Sciences
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• v.33 no.11
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• pp.1787-1796
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• 2020

Objective: The objective of this study was to determine the digestible energy (DE) and metabolizable energy (ME) of yellow dent corn sourced from different meteorological origins fed to growing pigs and develop equations to predict the DE and ME of yellow dent corn from southwestern China. Methods: Sixty crossbred barrows were allotted to 20 treatments in a triplicate 20×2 incomplete Latin square design with 3 replicated pigs per dietary treatment during 2 consecutive periods. Each period lasted for 12 days, and total feces and urine during the last 5 days of each period were collected to calculate the energy contents. Results: On dry matter (DM) basis, the DE and ME in 20 corn grain samples ranged from 15.38 to 16.78 MJ/kg and from 14.93 to 16.16 MJ/kg, respectively. Selected best-fit prediction equations for DE and ME (MJ/kg DM basis) for yellow dent corn (n = 16) sourced from southwestern China were as follows: DE = 28.58-(0.12×% hemicellulose)+(0.35×% ether extract)-(0.83×MJ/kg gross energy)+(0.20×% crude protein)+(0.49×% ash); ME = 30.42-(0.11×% hemicellulose)+(0.31×% ether extract)-(0.81×MJ/kg gross energy). Conclusion: Our results indicated that the chemical compositions, but not the meteorological conditions or physical characteristics could explain the variation of energy contents in yellow dent corn sourced from southwestern China fed to growing pigs.

• The Journal of The Korea Institute of Intelligent Transport Systems
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• v.19 no.1
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• pp.107-120
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• 2020

This study aims to analyze the importance of key elements and clauses of the preliminary ethical guideline for Automated Vehicles(AV) using the Analytic Hierarchy Process(AHP). Reflecting previous researches on AV ethical guideline, we developed the questionnaire for the AHP survey. According to the AHP results of key elements and detailed clauses, Protecting human dignity and life are most important as a top priority in overall clauses. Also, clauses related to the user's liability are high priorities, but clauses related to the administrator's liability are low priorities. These results implied that the government should enact a law and draw up an ethical guideline in a neutral attitude to respect the private areas and enjoy the public interests. In order to declare Korean ethical guidelines and improve social acceptance, it is necessary to conduct a seminar and make an educational program, also gather the opinions of citizens and experts.