• 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.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.64
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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.

• IE interfaces
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• v.15 no.2
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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.

• Proceedings of the Korean Society of Marine Engineers Conference
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• 2005.11a
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• pp.88-89
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• 2005

• Fire Science and Engineering
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• v.22 no.5
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• pp.105-111
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• 2008

Improvement of fire investigation system is required to supplement problem that can happen after product liability law enforcement of our country. This treatise searches special quality of inside and outside of the country fire investigation that was enforced present with theoretical background of manufacture water responsibility law and compared. And is based and grasped objective and hangup in police fire investigation, fire fighting fire investigation, engine fire investigation of private fire judgment. By improvement way accordingly first, proposed fire emotion connection studies and establishment and connoisseurship qualification system establishment etc. in the common people private fire diet, judgment, analysis company's necessity second, fire fighting of fire investigation system, police's member anger third, college.

• The Korean Society of Law and Medicine
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• v.17 no.2
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• pp.3-28
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• 2016

While product liability has been settled as a technical term in civil law, criminal law does not commonly accept technical term for it. Not like civil law, product liability in criminal law point outs individual responsibility and disability of normative order. Meaning that causation between individual's action of violation of duty and the result of danger of legal interest or infringement of legal interest must be proved. In criminal law excluding "non-result-constituted crimes (Unternehmensdelikt)", charge of injuring, accidental infliction of injury, homicide or involuntary manslaughter is problematic in product liability. Of course, it is necessary to distinguish whether the action related to the outcome is act or ommission. Also the causal relationship between the action and the result must be proved, and the intention or negligence should be recognized. In this paper, it analyzes cases that were problematic in Korea, Germany, Spain, etc. Mainly focusing on the problems revealed in the determination of causal relationship, especially recognizing criminal liability related to products. Furthermore it is followed by the view of reviewing the cause-and-effect relationship by 2 steps, dividing natural scientific causation and the normative causal relationship. In this process, to acknowledge criminal product liability in accordance with recognizing cause-and-effect relationship, there should be general risk of specific substance causing the outcome. This only premise can be meaningful to examine the casual relationship from specific cases. As it shows in some cases and theories, it is not contradicting general law of cause and effect by determining specific causal relationship by free evaluation of evidence if a general causal relationship does not exist. Also since judge's testimony does not hold a dominant position from rule of thumb, it is possible to recognize specific causal relationship. However this paper takes position that if there is no objective and reasonably undeniable cause and effect law. If there is no objective and reasonably undeniable causal law, which is the premise for recognizing concrete causal relations, judge should sentence guilty according to "in dubio pro reo" principle. In addition, it is not allowed for the defendant to burden unproven fact by free evaluation of evidence which has an effect of shift of burden of proof.

• Journal of Korean Society for Quality Management
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• v.31 no.1
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• pp.62-75
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• 2003

The PL(Product Liability) Law has been going into effect in Korea since July 2002. Accordingly, a company's responsibility for customers who are damaged by the defect in the product safety has been gradually strict and imposed burden on management. This paper gives suggestions as to PL prevention of manufacturing companies through the case research of PL prevention strategies and the prevention systems of the domestic S-company.

• Journal of Arbitration Studies
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• v.10 no.1
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• pp.92-113
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• 2000

Products liability refers to the liability of any or all parties along the chain of manufacture of any product for damage caused by that product. This includes the manufacturer of component parts (at the top of the chain), an assembling manufacturer, the wholesaler, and the retail store owner (at the bottom of the chain). Products containing inherent defects that cause harm to a consumer of the product, or someone to whom the product was loaned, given, etc., are the subjects of products liability suits. The goal of products liability system should be to maximize consumer welfare by efficiently providing just compensation for injuries incurred and deterring future injuries without unreasonably impeding the supply of the goods and services to consumers. Some advanced countries, apart from relying on products liability systems, also apply other policies and legislation directly aimed at the safety of the consumer. The application of general safety policies as well as products liability rules is not costless. An efficient system will not eliminate risk from society. An efficient system ... that maximises consumer welfare ... maximises the benefits while minimising the costs. Products liability claims can be based on negligence, strict liability, or breach of warranty of fitness depending on the jurisdiction where the claim is based. In view of international business and law circumstances, it should be stressed that international enterprises in Korea should consider how to cope with the situation of international transaction. International enterprises should have a correct perception about products liability which is to contribute the stabilization and improvement of the people's life and the sound develpement of the national economy. Products liability system creates incentives that influence behaviour and performance in ways that are desirable, such as more diligent monitoring to prevent defective products from reaching the market-place. At the same time, any liability system will impose burdens that are undesirable, such as greater costs imposed on business and consumers and reduced avaiability of consumer goods. The concern for society is to balance. The ideal situation is where the cost imposed on producers of goods and services pushes them to a desirable level of care but not so far that producers reach undesirable level of caution that may deprive consumers unnecessarily of the benefits from new and innovative products.

• Journal of Korean Society for Quality Management
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• v.46 no.4
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• pp.911-922
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• 2018

Purpose: This study provides an overview of the Product Liability Act which was revised in 2017 and took effect in 2018. It analyzes the effects of the revised Act on corporate management from internal and external perspectives to present coping strategies so that companies can synthetically respond to such effects. Methods: In order to achieve the purpose of this study, experts like companies, academia, governmental institutions, and consultants were invited, and Delphi techniques were applied to derive means, standard deviations, and Content Validity Ratio. Results: In this study, based on two expert questionnaire surveys, strengths and weaknesses of the internal environment of companies and opportunities and threats of the external environment were derived, followed by provision of S/O, W/O, S/T, and W/T strategies. Conclusion: To fundamentally remove the causes of accidents on their products, the relevant companies should strengthen the activities to increase product safety. They shall cooperate with suppliers to arrange the measures to speedily secure safety of consumers.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.20
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• pp.3-22
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• 2003

The CISG has been effective since January 1,1988. Even if both parties of international sales contract are located in ratifying countries, the CISG does not apply to certain excluded transactions. The CISG does not apply if the parties have opted out of the CISG. When the parties opt out, they usually agree on the law that is to replace the CISG. In the context of international sales, the frequent and difficult choice of law problems will arise when the CISG applies to a transaction but does not resolve all the legal issues before the tribunal. So this article deals with the question. What should we select the applicable law in such situations? (1) For products liability issues excluded from the CISG by article 4 and 5, the court should apply the substantive law of the market state and the statute of limitations law of the forum, (2) For validity issues excluded from the CISG by article 4(a). the court should apply the UNIDROIT Principles when its rules resolve the issue.