• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.34
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• pp.3-26
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• 2007

Product liability law lies at the center of the modem world. This law concerns liability for damages arising from the commercial sale of a product that causes personal injury or property damage because it was defective or falsely represented. One engaged in the business of selling or otherwise distributing products who sells or distributes a defective product is subject to liability for harm to persons or property caused by the defect. In short, product defectiveness is the heart of products liability law. Regardless of the underlying cause of action, the plaintiff in nearly every products liability case must prove that the defendant's product contained an unnecessary hazard that caused the harm. The purpose of this paper is to clarify the meaning of the product defectiveness to products liability claims in China. In China, Product to include most movable personal property, but to exclude services. And a product is defective when, at the time of sale or distribution, it contains a manufacturing defect, is defective in design, or is defective because of inadequate instructions or warnings.

• 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.

• 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.

• Proceedings of the Korean Institute of Navigation and Port Research Conference
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• v.2
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• pp.21-26
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• 2006

A contract for shipbuilding is usually a complicated process and involves a statement of rights, and obligations and responsibilities to which each party agrees vis-a vis the other. Most countries are now well settled with regard to liability of a manufacturer in tort for physical injury and on the other hand, for pure economic loss to remote owners of chattels. Where there is a breach of either contractual warranty or an implied warranty, there may be admiralty jurisdiction, depending once again on the situs of the event and its relationship to traditional maritime activity. First of all, this thesis deals with the contents of contract under English Law. Secondly, this thesis analyse ' s the liability of shipbuilders in Products Liability under English, United States, German and korean Law comparisons. In conclusion, the author gives some suggestions as countermeasures to Products Liability for the shipbuilders in Korea.

• Journal of Korean Institute of Industrial Engineers
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• v.26 no.3
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• pp.265-282
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• 2000

Despite manufacturers' effort to provide safe and reliable products, a number of product-related accidents occur all over the world resulting in much damage to property, personal injury and even loss of life. Considerable evidence indicates that some accidents arise from user negligence, but most are due to the design, manufacture, and distribution of unreasonably dangerous products when compared to their use. As a result, a tremendous number of product liability lawsuits have been filed, many times causing huge amount of financial damages to manufacturers. Furthermore, with increasing government regulation and growing power of consumer lobbies, manufacturers might be more exposed to product liability claims in the future than now. The objectives of this study are twofold: to provide a framework of future research on product liability and safety and to introduce a product safety policy. To accomplish these objectives, previous studies on product liability and safety were reviewed thoroughly. The product safety policy consists of two parts: (1) an engineering design strategy for reducing product-related risks and (2) a management program for a product liability loss prevention plan. The policy is essential to preventing manufacturers' liability exposure as well as designing a safer product.

• 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 the Korea Safety Management & Science
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• v.7 no.3
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• pp.109-120
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• 2005

A company is liable for its products and has the responsibility to make good on any loss or damage incurred by the user of its product. The purpose of the Product Liability Act(PLA) is to protect consumers against damage caused by defective products, and contribute to the safety of the citizen's life and the sound development of the national economy by regulating the liability of manufacturers, etc. for damages caused by the defectiveness of their products. In this study, the cognition levels of consumers and producers for PLA were surveyed. The cognition levels of four factors of acknowledgement, comprehension, necessity and impact for PLA were assessed. The results were as follows : i) Acknowledgement and comprehension levels of consumer were assessed low but they assessed necessity and impact of PLA high; ii) Producers assessed necessity and impact of PLA higher than their acknowledgement and comprehension levels; iii) Overall cognition levels of producers were higher than those of consumers.

• 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.

• Proceedings of the Korean Society of Marine Engineers Conference
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• 2005.11a
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• pp.92-93
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• 2005

A contract for the shipbuilding is usually a complicated and involves statement of rights, obligations and responsibilities which each party agrees vis-a vis the other. The ultimate purpose of the contract is the sale and transfer of the finished ship by the builder to the buyer. Contracts for the construction and sale of ships are categorized as contracts for the sale of goods under English, United States, Germany and some countries law. On the other hand, The shipbuilding contract may be classified, not as a contract of sale but as a contract for work and materials under Korea, Japan and some countries law. Especially, most of countries are now well settled with regard to liability of a manufacturer in tort for physical injury and on the other for pure economic loss to remote owners of chattels. Where there is either a breach of contractual warranty or an implied warranty, there may be admiralty jurisdiction, depending once again on the situs of the event and its relationship to traditional maritime activity. Contract principles will be applied to the first type of warranty and tort principles will be applied to the second. First of all, this thesis is dealt with the contents of contract under English Law. Secondly, this thesis is analysed into the liability of shipbuilder in Products Liability under English, American and Korean Law comparisons. In conclusion, the author tries to give some suggestions as countermeasures of Products Liability to the shipbuilder in Korea.

• Asia Marketing Journal
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• v.21 no.4
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• pp.59-76
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• 2020

Though crowdfunding has emerged as a cost-effective means to market innovative products and a channel for financial resource acquisition, our understanding about what makes a successful crowdfunding is still limited. This study is motivated by the presence of the inconsistency that both entrepreneurs and investors pay more attention to capabilities required for developing prototype products rather than capabilities needed to deliver the promised products in crowdfunding. By drawing insights from studies about liability of newness and legitimacy in institutional theory, this study argues that startups can overcome the liability of newness, earn investor trust, and successfully complete crowdfunding campaigns by effectively presenting visible and invisible capabilities. This study presents a set of testable propositions predicting the likelihood of crowdfunding success and explains the theoretical and practical value of the proposed conceptualization of startup capabilities.