• Journal of radiological science and technology
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• v.30 no.4
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• pp.305-311
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• 2007

Contrast medium is a useful drug for radiological examinations and usability of it gradually increases while it has some inevitable adverse reaction and it is difficult to predict the occurrence and the degree of adverse reactions. Although the patient consented permission for the use of contrast media, the hospital could not be exempted from the responsibility for the adverse contrast media reaction. During radiological contrast media examination, the radiologist and the contrast media producer have the duty of precaution, prediction and avoid adverse results. In addition, they have reliabi lity of patient remedy for neglecting the duty. Since contrast medium are manufactured or processed as movable properties, the manufacturers are bound to the product liability if damages occur due to the defects in pharmaceuticals. In consideration of the characteristics of product liability, it is necessary to demand high degree of duty of care and diligence from producer or to reduce patient's burden of proof in a product liability lawsuit. For securing compensation ability and liability implementation, products compensation liability insurance is required for contrast medium manufacturers. In conclusion, contrast medium producer has legal liability for adverse reactions and the contract concluded with producer and hospital including legal liability will reduce liability of hospital and radiologist, patient.

• Korean Journal of Construction Engineering and Management
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• v.23 no.2
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• pp.65-75
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• 2022

On 11 June 2021, the Supreme Court ruled that the judgment of the lower court was justified for the subject case, that the plaintiff could assert the defendant's liability for default due to incomplete performance even though the warranty period for defects which stipulated in the particular condition of the contract has expired. In Korean civil law, the concurrent between the exclusion period for defect warranty and the extinctive prescription for default liability is conceded, since the exclusion period and the extinctive prescription have their respective purposes in law, therefore these two should be judged by harmonizing them based on that they are mutually related. If the subject judgment is generalized, there is no reason to exist for the provisions of defect liability in the construction contract any longer. This study examines the subject judgments through the general theory and precedent case studies on the defect liability and default liability, then derived any problems that may arise if the subject judgment is generalized. In addition, based on a realistic model, it was suggested for a practical improvement method that both the provisions of the warranty period shall be changed realistic and to stipulate the character of its nature as written provisions in the contract.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.61
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• pp.3-28
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• 2014

This study describes the buyer's remedies regarding defects in title under CISG. Although CISG stipulates the seller's liability for the delivery of conforming goods physically at Art. 35 and legally at Art. 41 and Art. 42 respectively, the buyer's remedies are not distinguished between non-conformity governed by Art. 35 and defects in title governed by Art. 41 and Art. 42. If the seller does not fulfill his obligation under Art. 41 and Art. 42 to deliver goods which are free from third party claims, the buyer should pay attention to which remedies are available under CISG. Under CISG, for defects in title in the delivered goods, the buyer is entitled to require performance in Art. 46 (1) unless he has resorted to a remedy which is inconsistent with this requirement, to declare the contract avoided by strictly limiting the situation in which the failure by the seller to perform his obligation amounts to a fundamental breach of contract in Art. 49, to claim damages in Art. 74, and to suspend the performance of his obligation where it becomes apparent that the seller will not perform a substantial part of his obligation in Art. 71 (1). Unlike Art. 35 non-conformity, the buyer may not require delivery of substitute goods under Art. 46 (2), claim repair under Art. 46 (3), and declare price reduction for title defects under Art. 50.

• International conference on construction engineering and project management
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• 2011.02a
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• pp.629-635
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• 2011

Retentions are generally considered to be intended to act as a powerful tool to incentivize contractors/subcontractors to remedy defective work in cases of non-performance. This study attempts to establish the extent to which retentions can be used for this purpose by investigating case law connected with insurance and defective work. One of the significant questions is whether retentions are sufficient to deal with construction defects or value of retentions in the rectification of defects is illusory. The cost to repair a defect may vary depending on a number of components including type, cause, magnitude and the construction stage at which the defect occurs. It is expected that a review of existing cases on defective workmanship will provide an insight on the issues and whether retentions are effective in their intended function. In order to establish their functionality, the study described in this paper investigated 6 construction insurance cases to identify the critical issues and the causes of dispute. It was found that the nature and the cause of defects were different in each case. It was also established that certain defect types not covered by insurance may be covered by retentions - potentially one of the key uses of a retention strategy. It is expected that the findings will assist in forming a view on the quantum of money that may be required paving the way for a first time understanding on a rational basis for setting up retention regime.

• The Korean Journal of Air & Space Law and Policy
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• v.20 no.2
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• pp.59-158
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• 2005

When a military aircraft suffers damages due to the defects in its design, manufacturing or notification, all of which are generally understood as products liability defects, the obvious compensation is sought as it would in other consumer good case. However, there exist clear yet unappreciated difference between general consumer goods and military aircraft, as far as products liability law is concerned - some sort of recovery should be obtained even when there exist only defects, not damages, to the aircraft because of the implication of defective parts is much grave than what can be expected in a consumer goods case. While certain anticipatory measures do exist in manual or at negotiation stages for the safety of military aircraft, such measures are ineffective, if not ambiguous, in recovery effort in the post-accident stage In another word, the standardized military procurement contract manuals and boilerplate forms do not appreciate the unique and dangerous military nature of military aircraft. There are many unique legal issues which can arise when trying to prevent defective aircraft or parts, or to recover compensations for accident due to such defects. At two-level, the government should establish legal system (or countermeasures if you'd like) for purchasing safer military aircraft. First, one should be able to work with legal ground and policy that allows selecting and purchasing safer goods - the purpose of such contract is not litigious, but rather in acquiring what are most reliable. Second, in case the defects do arise and lead to damages, solid legal principles and instructions should be established for effectively pursuing appropriate company, (usually a aerospace industry giant with much experience) for products liability - the purpose of such pursuit is inevitable for a public official, since he or she is no private business man with much flexibilities, even to the point of waiving such compensatory right for future business purposes. This article tries to identify problems in methods of procuring military aircraft or parts - after reviewing on how the military can improve on legal and policy grounds for procuring what will be the focus of future military strength, it will offer some of the ways to effectively handling and resolving a liability issues.

• Korea Trade Review
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• v.43 no.3
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• pp.101-124
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• 2018

After the establishment of the Korean Product Liability Act, a new clause on the burden of proof has been added and is being revised to meet the purpose of consumer protection. Article 3(2) of the new clause stipulates a provision for estimating a causal relationship when proving indirect facts to alleviate burden of proof. While consumer rights are increasing and public attention is drawn to consumer issues, problems are still emerging. In order to solve the problem, the U.S. Product Liability Act, which has strong consumer rights, was examined to describe the direction in which Korea's Product Liability Act should proceed in terms of consumer protection. The results of the comparative analysis show that the US has expanded the concept of strict liability in terms of rigorous liability, consumer dispute resolution, provable possibility, and litigation accessibility, The consumer dispute settlement system has thoroughly protected consumers by operating educational and systemic consumer ADR system. As for the possibility of proving, Korea has three provenances, and the United States has one. In the United States, where consumer lawsuits are frequent, lawsuits are more accessible than those in Korea, where the party responsible for proving is turned into a manufacturer and responsible for proving the case. This study focuses on consumer protection and provides implications for Korean product liability law.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.12
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• pp.133-162
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• 1999

The international sale transaction is in essence a sale of goods and presents all those commercial and legal problems in any sale of goods. As a result, A International sales contract imposes several duties on the parties : the seller must deliver the goods and transfer ownership in them, while the buyer must pay the price and take delivery of the goods. However, there are several problems which impede a active transaction between seller and buyer who have their places of business in other countries each other. Therefore, It is necessary to provide the concept on the conformity of goods in the Int'l Sale of Goods. Especially, In our consideration for the point of time when defects occurs, the existence of non-conformity of goods should be judged on the basis of time of delivery rather than time of contract. Moreover, The burden of proof about nonconformity of goods is another fact which make an international dispute between the contractual parties in an international trade. Thus, The consistency in the interpretation of law must be maintained betweened the warranty and seller's liability. In the Uniform Commercial Code and UN Convention, non-conformity of contract is made of contract liability. And in our civil and commercial law provisions of warranty should be understand as the special ones of the provisions of general non-performance of obligation liability. As a result, More concrete study of them is required because they may have a great influence especially on international trade. As a result, We should be our best in finding a helpful and systematic structure that the dualistic structure of nonperformance of obligation liability and warranty liability must be unified by studying the theories of English and American warranty and our legal system, as well as international practice and usage being used in an international trade.

• Korean Security Journal
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• no.8
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• pp.1-26
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• 2004

The current consitutional law 29-1 is ordaining the State Tort Liability for the illegal action of public service personnel. Based on this regulation, the State Tort Liability Act 2-1 actualizes by indicating, the nation or the local self-governing community is responsible for the public service personnels damaging others during their office hours whether it is accidental or intentional. However, the same law is considered to be inappropriate for the damage relief. In order to supplement this problem, through examinations at both theoretical and systematic levels of Prima facie as well as the objectification and standardization of the damages are required for the national compensation for the police action. According to the objectification and standardization of the damage theory, the faulty actions of the public service personnel are the defects occurred during the office hours. In the case of the police action that frequently uses infringement administration, invading the liberty and rights of the people, it is necessary to interpret faulty damages during the office duties more comprehensively so as to extend its scope of the ordinary public service personnel accidental illegality. In order to warrant effectiveness of the securing the rights, it is crucial to distinguish whether the faulty actions are accidental or intentional. When proven to be damages by illegal police action, the police personnel is responsible for the faults, called Prima facie, the nation is liable for the damage relief.

• Journal of the Korea Safety Management & Science
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• v.10 no.3
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• pp.99-107
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• 2008

Product liability(PL) is the producer's compensation to customers for damage incurred by product defects. This paper studies on the organizational culture, promotion process, system construction, system level, product safety review, product safety assurance, system operation, and its effectiveness and necessity of recognition for the PL system of small and medium-sized firms in Gangwon-Do province. The results show that the firms have product safety regulations, but the number of firms which its employees understand the regulations is less than the number of firms which do not understand. Also the number of firms which is preparing PL prevention and insurance, and counterplan for accidents seems to be not in large numbers.

• 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.