• International Journal of Human Ecology
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• v.6 no.2
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• pp.63-72
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• 2005

This paper considered the impact of changing the product liability rule from consumer to producer liability on product safety under asymmetric information. In particular, it has been attempted to remove several constraints on antecedent studies. The main results of the study are as follows: under the misperception of the risk on a product, consumers may underestimate the probability of product failure. In this case, the accident rate can be lowered under the producer's liability rule. However, even under the asymmetric information, a consumer's estimation on the probability may be converged with the expected risk level, which could be called the 'rational expectation.' In this situation the probability of product failure can be lowered under the strict liability with contributory negligence. Additionally, it is possible to reduce the probability of product failure when a legal rule that imposes liability on cheapest cost avoider is admitted.

• Journal of Korean Society for Quality Management
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• v.31 no.3
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• pp.19-36
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• 2003

The manager of manufacturing industry just not to have known what to do related to the law of product liability(PL) that was put into operation in July 1, 2002. The law of PL is a public law about defective product, which was established in order to compensate consumer's damages of property and body caused by product, to make sound society by the safety products and to take international competitiveness. But the existing civil law has been having clause that compensation to be taken is limited. The law of PL is resolving this limitations and is characterized by the easy relief from damages of defective product. The decision in the case of Green-man has been a precedent since the court sentenced the manufacturer to liability. The law of PL has been in force in 27 countries, including all of the EU countries, Japan, Philippines and China. It has been shown that the corporations which meet the Global Standard, could survive in global competition. The economic effects by the law of PL are the increase of consumers relief production cost by the lawsuits. This paper will recommend more biref method that is able to cover PSMS by use of QMS. It will make domestic corporation improve in the plan, manufacture and sale of products to meet the Global Standard.

• Journal of the Korean Institute of Gas
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• v.7 no.4 s.21
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• pp.30-35
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• 2003

Product liability(PL) law imposes the liability on manufacturer or wholesaler when the product defects cause harm to consumers of the products or any other parties in their lives, bodies, or properties. In Korea, the law of product liability was enforced in July 2002. In this study the Product Liability Response System of chemical products was developed by using Failure Mode and Effect Analysis(FMEA). For a case study peformed for N,N-Dimethylethylamine. First, product information was gathered through Material Safety Data Sheet(MSDS)and which considered as an instruction manual of chemical product. And an effect caused by product defects is analyzed by FMEA to get Risk Priority Number(RPN) which is calculated by multiplying of severity, occurrence, and detection of the defects. Then hazard was estimated quantitatively by RPN.

• The Korean Society of Law and Medicine
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• v.21 no.3
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• pp.77-116
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• 2020

The use of drugs that reflect the experiences and achievements of modern science has given human being the benefits of treating diseases and improving health conditions. However, in addition to the benefits of those, medicines have inherently inevitable adverse reactions. Many countries are taking measures such as market entry regulations or post-marketing surveillance to minimize damage caused by drug side effects, but the occurrence of side effects cannot be eliminated. Although the damage is force majeure, in some cases, the doctor who prescribed the drug or the pharmacist who administered the drug may have to compensate for the damage. The liability depends on whether the side effects were known in advance, the type of medicine, etc. On the other hand, in some cases, drug manufacturer may have to take liability for the side effect itself. As it is not easy for victims to be compensated for damages in those cases, many countries, including Korea, are setting to protect victims through the Product Liability Act. Drugs are also one of the product, so liability set by the Product Liability Act may apply. Even before the enactment and enforcement of the Product Liability Act, damage caused by drug has occurred. To resolve them, precedents have developed case law, which have many similarities with the Product Liability Act, but also have differences. Damage caused by drug manufactured prior to the enforcement of the Product Liability Act may occur in the future. In this context, the legal principles of the case laws will remain valid and be applied. This is an important reason to review the case law of precedents.

• Journal of the Korea Safety Management & Science
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• v.3 no.4
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• pp.19-34
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• 2001

Since the introduction of product liability law from America in 1960s, product liability has been on the rise as an important problem to the quality management of company and consumer's safety. Together with this, before the legislation of product liability system in Korea, the sense and level of company and consumer about product safety are rapidly changing, In times like the present, ensuring more systematic product safety and consumer safety, and the buildup need of competitive power in accordance with product liability prevention of company grows raising. Therefore, this study presents the most effectively manageable ways of product liability the side of safety management of consumers and companies through the ensuring ways and activity models of product safety and certification system in company.

• Journal of the Korean Home Economics Association
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• v.34 no.5
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• pp.67-84
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• 1996

This study examined two laws protecting consumer's safety, the 'Product Liability Law' and 'Legal Regulations on Recall Service.' and investigated the need for and importance of the laws. Second, the requirements regarding the procedures for implementing these laws were reviewed. Regarding the 'Product Liability Law', the study considered how the damage and injury of consumers caused by defects in production would be compensated and under what conditions. Regarding the law to regulate Recall service, this study reviewed when and how producers must recall their products because of their defects. Finally, the directions for enacting these laws were suggested, and several difficulties arising from their enactment were considered. Several suggestions were made to enact these two raws in order to enhance comsumer safety, consumer sovereignty, and consumer well-being.

• Journal of Korean Society of Industrial and Systems Engineering
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• v.26 no.1
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• pp.54-60
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• 2003

In this research, we investigate the countermeasure of Product Liability through existing research or books for reference about PL and ISO 9001 : 2000 quality management system. And we analyze relation between PL system and ISO 9001 : 2000 Quality Management System after compare ISO 9001 : 2000 and ISO 9000 : 1994. base on this analysis, we integrate the Quality Management System of company and an important factor of PL system in accordance with the product liability law. So we present a general improvable scheme of ISO 9001 quality management system that reduces overlap of quality business and utilize efficiently.

• The Korean Society of Law and Medicine
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• v.8 no.1
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• pp.235-277
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• 2007

In Product Liability law, the 'defection' of the manufactured products is its key concept, defined in detail. The concept had been already developed through the precedents and theories for the past years even before the PL law was enacted and the concept was listed. Especially, the medicine products need the different approach, because they might directly harm to the human life and body due to their being injected or taken, unlikely other manufactured articles. Since the medical products have the double contradictory functions such as effects and side effects, the defection decisions become so difficult. However, because there are high concerns that wrong medical products will directly harm the human life and body, the decision standards should be more strengthened. The decision standards should include the risk-effect standard as the considered components and make the customer-expecting standard as the final standard. The decision time for defection should be made considering the science technology level when the medical products were provided, not when the accident occurred. It is the most important for the manufacturers to prevent the damages by making and selling the non-defective medicine products for themselves, rather than by taking the legal remedy means afterwards. Therefore, the non-defective guidelines for the medicine manufacturers will help increase the effects and minimize the side-effects.

• Journal of the Korea Safety Management & Science
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• v.2 no.2
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• pp.57-69
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• 2000

Beginning from July. 2000, the product liability of Korea is designed for reduction of customer loss by defective products. Therefore, most of company are supposed to be ready for taking care of safety and quality of products. ISO9001：2000 quality management system reform to emphasize continual improvement of the process with customer satisfaction. First of all, this paper start with introduction motive of the product liability and examine distinctive mark of the ISO9001：2000 quality management system. We consider the correlation between ISO9001：2000 quality management system and product liability and would like to propose product liability prevention by ISO9001：2000 quality management system with classification a defect style of product, the management guide and the law case.

• The Korean Society of Law and Medicine
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• v.12 no.2
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• pp.65-117
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• 2011

This article analyzes the case (2008Da16776) which has the issue how patients have to prove causal relationship when patients claim against pharmaceutical companies alleging that patients were infected with virus due to contaminated blood products. The Supreme court held that: (1) if patients prove that they didn't have symptoms suggesting virus infection before administration of blood products, the virus infection had been confirmed after administration of blood products, and there were significant potential of contamination of the blood products with the virus, the defect in blood products or the negligence of pharmaceutical company in making blood products shall be presumed to cause the infection of the victim. (2) The pharmaceutical companies could reverse the presumption by proving the blood products were not contaminated, but the fact that the victims were treated with the blood products manufactured by other companies or had received blood transfusions is not enough to reverse the presumption. The case is the first decision whether the burden of proof about causal relationship could be reduced in pharmaceutical product liability lawsuit. Hereafter pharmaceutical product liability cases, it would be necessary to reduce the burden of proof about causal relationship in order to make substantive equality between patients and pharmaceutical companies.