• Title/Summary/Keyword: product liability

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A Study on the Improvement of Quality Management System under Product Liability Law (제조물책임(PL)법 시행에 따른 품질경영시스템 개선방안)

  • 배성아;김복만
    • 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.

An Integral Model for Product Liability and Safety using Hazard Analysis.

  • Kal, Won-Mo;Hahm, Hyo-Joon
    • Journal of Korean Society of Industrial and Systems Engineering
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    • v.22 no.53
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    • pp.79-88
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    • 1999
  • This paper presents an integral model for product safety and product liability resulting from a defective product. The essence of the paper is the process of supply of manufacturing products which satisfy the product liability and the product safety in terms of consumers expectation levels. The main criteria of the product safety is the hazard level which involves in the severity and frequency. The proposed model shows the process to supply the manufactured products under the conditions that they are suitable in comparison of hazard level and safety level established by each company. If the product do not meet the safety level, this paper proposes that four different types of PL and PS countermeasures for the risk types are forward, respectively.

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How to Deal with PL (Product Liability)\ulcorner (PL 어떻게 대처할 것인가 - PL법의 시행은 기업의 위기이자 기회 -)

  • 유재권
    • Journal of the Korean Professional Engineers Association
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    • v.35 no.4
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    • pp.34-41
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    • 2002
  • As long as Product Liability has been enforced since July 1 2002, the responsibility regarding products become more serious. Therefore, Ole Industry have to reconsider about PL, and prevent undesirable results. In the Industrial environment the product activities are recorded and cope with incidents.

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Pharmaceutical Product Liability and the Burden of Proof (혈액제제 제조물책임 소송과 증명책임 -대법원 2011. 9. 29. 선고 2008다16776 판결과 관련하여-)

  • Moon, Hyeon-Ho
    • 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.

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The Impact Analysis of Product Liability Law with Policy Delphi Method from a consumers' perspective (제조물책임법 소비자보호 효과분석)

  • 강효진;이기춘
    • Journal of the Korean Home Economics Association
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    • v.38 no.4
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    • pp.85-98
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    • 2000
  • PL law seeks consumers'just compensation and effective deterrence through shirting liability principle from negligence to strict liability. Impact analysis of Product Liability(PL) Low requires consumers' perspectives. This paper performed a policy delphi to predict the impact of PL law on consumers. The study surveyed the opinions of 30 specialists in PL area, ranging from government, officials, professors, researchers, consumer activists, to business executives, for three times. The consumer are as follows: first of all, PL law can contribute to damage compensation significantly in that it stimulates consumer complaints through non- court procedures. It is very unlikely that suits will be increased rapidly due to PL because of the current law environment. The degree of influence of PL law on damage compensation will very according to the content of PL law. Secondly, PL law can contribute to deterrence in that it encourages companies' efforts for product safety while it doesn't undermine consumers' attentions to safety. The influence on companies' efforts will vary according to the content of PL law.

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The Precaution Duty and the Product Liability for Adverse Reactions to the Contrast Media (조영제 부작용에 대한 주의의무와 제조물책임)

  • Kang, Yeong-Han
    • 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.

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A Simple Model for Evaluating Product Liability Activities (제조물책임 활동 평가를 위한 단순 모형)

  • Lee, Joung-Hee;Ro, Hyung-Bong
    • Journal of Korean Society for Quality Management
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    • v.35 no.4
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    • pp.101-110
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    • 2007
  • This study developed a new model for evaluating activities related to PL(Product Liability), with which our domestic enterprises can more easily assess the actual status of the management of PL than as they could do before. In addition, this model was designed to make the evaluation can be done focusing on the Product safety management cycle, unlike the other PL evaluation models. This model consists of 3 evaluation domains such as evaluations of planning, implementation, and assessment and taking action regarding product safety management. In order to verify that this evaluation model meets its objectives, the researcher directly conducted evaluations of activities related to PL in 3 companies specializing in electric home appliances through visiting them.

A Study on System Construction to the Product Liability Law-with focus on a small & medium business (제조물책임법에 대응하기 위한 시스템 구축에 관한 연구 -중소기업을 중심으로-)

  • Han, Min-Suk
    • 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.