• Proceedings of the Safety Management and Science Conference
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• 2001.05a
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• pp.241-251
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• 2001

Subsequently in Korea product liability has been introduced. The position of consumers for defective products have been disadvantageous. Defective products should be broght under the law. Then, while consumers would be largely protected, a producer would take the heavy responsibility by law, Therefore, a producer would not be able to take countermeasures for product liability. Object of this paper to investigate and analyze the actual state of management for product liability in advanced countries, and to join it with our quality management system.

• Journal of Industrial Convergence
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• v.1 no.2
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• pp.193-203
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• 2003

As the law of Product Liability for consumer protection has operated in July, 2000, many firms of Korea are rapidly increasing concerns about it. This paper is compared actual states with the law of Product Liability among America, Japan and Korea, finds out some arguments between firms and consumers, investigates some countermeasures to increase between the knowledge accumulation related to risk management and capability confronted with it.

• IE interfaces
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• v.15 no.2
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• pp.133-146
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• 2002

In July 2002, law of product liability will be established in Korea. Therefore, prevention for product liability(PL) will be immediately needed for many companies. So, in this paper, following topics will be discussed: 1) what are product liability and product safety, 2) why they are needed, 3) why important, 4) what's the difference between considering PL and not considering PL for companies, 5 ) what are risk management methods and risk evaluation system, 6) what is SASA(Systematic Approach to Accident Scenario Analysis) method for applying PL, 7) providing a final conclusion and discussion for future PL law.

• Korea Trade Review
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• v.44 no.6
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• pp.135-150
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• 2019

Under the Manufacturing Liability Act, consumers want to be protected from manufacturers by mitigating burden of proof as an important target to be protected. However, due to the complexity of the product, it is very difficult for consumers to prove defects from the manufacturing defect. This situation has led to a major revision of the Manufacturing Liability Act, which mitigates the burden of proof of consumers by applying fruitless liability. The Manufacturing Liability Act is comparable to the U.S., which has strong consumer rights and is protected by the Manufacturing Liability Act. The burden of proof can be regarded as the most necessary content for consumers within the manufacturing product liability law when responding to manufacturing defects. The U.S. intends to provide implications for achieving consumer protection in Korea's Manufacturing Liability Act by imitating the U.S. based on the burden of proof. Case comparison regarding burden of proof can be conducted based on various criteria, including criteria for each product and key features for determining the importance of the manufacturing product liability law. The Act on the Responsibility of Korean Manufacturing Products for the Protection of Consumers was developed based on the assessment criteria, and a remedy was proposed to protect consumers who suffered from manufacturing defects.

• The Korean Journal of Air & Space Law and Policy
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• v.32 no.1
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• pp.139-175
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• 2017

The Assembly plenary session on December 3, 2017 passed a Product Liability Amendment bill that introduced clauses concerning consumer burden of proof and punitive damage reimbursement. More specifically, these newly approved provisions will reduce the burden of proof placed on consumers and levy triple punitive damage on suppliers. Significant increases in the number of product-liability lawsuit and the number of related insurance contracts are expected. Since military aircraft are designed for operational purpose(seeking greater combat effectiveness over greater safety) and used in high-risk environment, it is practically impossible to obtain an affordable product-liability insurance, Without having any backup plan, military aircraft manufacturers directly face all sort of liability risks under Product Liability Act, Warrant Liability Act and Non-Performance of Contract Act. The U.S. experienced similar problems when they first implemented their product-liability law in 1970s. There had been a big dispute among legal practitioner, insurance professionals and scholars concerning military aircraft manufacturer's liability. In order to settle the issue, the U.S. Supreme Court has established a new precedent of Government Contractor Defense(GCD). The U.S. government also included an indemnity clause for military aircraft manufacturers in their FMS Contract with the Korean government. Likewise, Korean military aircraft manufacturers should 1) clearly understand their current position that they cannot afford expensive product-liability insurance and the cost is not accounted in the military procurement calculation, 2) estimate potential liability risks with the ongoing overseas export expansion in mind, 3) set up appropriate risk management measures through regulatory reform and policy development.

• Journal of the Korea Safety Management & Science
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• v.6 no.3
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• pp.65-75
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• 2004

Product liability is the law of the manufacturer's responsibilities for the consumers' personal injuries or the losses of property resulted from defective products. In today's many countries, the product liability law are being enacted because of the safety of product use and the protection of consumer's right. In korea, the product liability is going to enforce on July 1, 2002. Though the construction of product liability response system is urgent situation, domestic manufacture company's PL response system is not nearly prepared in present. Consequently, the purpose of this study is to discuss the Quality Management's importance and the PL countermeasures by presenting the difference of PL response system construction degree by the Quality Management Maturity degree

• Proceedings of the Korean Society of Marine Engineers Conference
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• 2005.11a
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• pp.90-91
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• 2005

• Proceedings of the Korean Society of Marine Engineers Conference
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• 2006.06a
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• pp.129-132
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• 2006

• Proceedings of the Korean Professional Engineer Association Conference
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• 1994.12a
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• pp.138-140
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• 1994

Product liability law is published at 1st July '94 after long study and discussion. Product liability research commitee of Japan Consulting Engineer's Association that was started on september '91, is continuing the research of technical problems and consulting business for product liability. The Ministry of International Trade and Industry release the manual of product liability for an enter prise that is the standard to performe this problems in Japan. These gists of the manual and future business of Japan consulting engineer for these problems are mentioned.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.37
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• pp.35-59
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• 2008

In most products liability cases, the only or principal defendant is the manufacturer that designed, manufactured, and marketed the product which injured the plaintiff. In this regards, most national laws and international convention stipulates the definition of the producer. But there is no rule about the definition of the producer in China. Yet parties in the product distribution chain other than ordinary manufacturers, notably retail seller, often profit from moving products from factories to consumers and so may bear some responsibility when product hazards injure consumers. The purpose of this paper is to clarify the definition of the "producer", "seller" who is responsible for products liability claims in China. This paper will contributes to help the Korean exporters, manufacturers to build up the proper countermeasures regarding products liability in China.