• The Korean Journal of Air & Space Law and Policy
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• v.29 no.2
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• pp.55-86
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• 2014

The U.S. General Aviation Revitalization Act of 1994 (the "GARA") created a statute of repose that bars any claims arising from an aviation product or component more than 18 years after its date of delivery. The statute was enacted to protect general aviation aircraft manufacturers from the excessive product liability costs. The GARA included four exceptions: (a) medical emergency patients, (b) those not on the aircraft, (c) those based on written warranties, and (d) those causally related to a "knowing misrepresentation" made by the manufacturer to the FAA. The GARA also incorporates a provision for revised starting point of reckoning to which any repairs or replacements of an aviation product. This note aimed to discuss General Aviation and GARA in depth including the meaning of statue of repose, its exceptions. The various precedents about GARA were also reviewed in here as well. From the GARA, as a comparative legal issue in aviation product liability, there can be some suggestions for revision of Korean Products Liability Act. First, it seems to be reasonable to regulate the specific statute of repose provisions for various category of products. In GARA, the period of 18 years is reasonable concerning to the average aircraft life. Second, in order to avoid exhausting debate and for the judicial economy, it needs to clarify when the statute begins to run. GARA's 18 year limitation period begins to run on the different date whether it was delivered to its first purchaser or a person engaged in the business of selling the aircraft. Last but not least, proper exceptions should be added into the law for equity matter of the statute of repose does not apply. For example, a manufacturer is not protected by GARA if it knowingly misrepresents certain safety information to the FAA.

• 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.

• Transactions of the Korean Society of Automotive Engineers
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• v.20 no.6
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• pp.9-16
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• 2012

It is often thought that when a fire is found in parked motor vehicles, the fire may occur after an engine stops. Also, it is easy to judge that when motor vehicle fires occur during engine stopping, it may be caused by arson or electrical causes irrespective of a fuel system. This study analyzed motor vehicle fires which occurred in operation but were found after parking and revealed that these fires were caused by the defect of a fuel system and the same motor vehicle types had fires by the same causes. Moreover, this study provided judgement process of major fire causes and periods for fire investigators to apply when investigating fires of parked motor vehicles. And this fire is related to automotive products liability.

• Transactions of the Korean Society of Automotive Engineers
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• v.20 no.6
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• pp.92-99
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• 2012

It is often thought that because no-start motor vehicles cannot start an engine, a fire cannot occur for motor vehicle causes. However, although the engine cannot start up, some parts may be live with electricity if a battery is connected. If the parts have problems, a fire can occur. This study analyzed the causes of fires occurring when a motor vehicle was loaded onto a tow truck to service no-start. It is suggested that no-start motor vehicles should separate a battery terminal to prevent a fire. And this fire is related to automotive products liability.

• The Korean Journal of Air & Space Law and Policy
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• v.30 no.1
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• pp.151-180
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• 2015

South Korea is advancing the unmanned aircraft private commercial business. Unmanned aerial vehciles industry has been developing for several years also abroad. However, unmanned aerial vehciles industry, can be an accident occurs. Accident of unmanned aerial vehciles to occur material damage and casualties. Particularly if an accident because of a defect in the unmanned aerial vehciles has occurred, it is necessary to analyze the liability for this. The defect accidents unmanned aerial vehciles has been the different manufacturing and design product is intended, whether it is important how to prove to this. This is because, unmanned aerial vehciles are designed in any intent of the original, it is impossible to victims know. So imposing a responsibility to prove the design by the manufacturer intended consumer is not fair. Moreover, the consumer, it is necessary to prove only that the product is one that normally dangerous lacked safety can be expected. This is a detailed issue of judgment of defects of unmanned aerial vehciles, the manufacturer to bear the accountability. In the case where the defect on the display of the unmanned aircraft is a problem, and if it reasonable indication, it is not appropriate to be required to prove that it was possible to prevent damage to the victim.

• Proceedings of the Korea Society for Industrial Systems Conference
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• 2001.05a
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• pp.95-98
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• 2001

PL(product Liability, 제조물 책임)이란 제품의 결함에 의하여 소비자에게 생긴 손해를 배상할 의무를 부담하는 것을 말한다. 선진국에서는 제조자에게 엄격 책임(Strict Liability)을 인정하는 민사 책임 법을 시행하고 있으며, 우리 나라에서도 2002년 7월부터 PL 법의 시행을 앞두고 있어 그 방어대책이 절실한 시점이다. 제품의 안전성, 신뢰성 문제의 80%이상인 대부분의 요인이 설계에 있으며, 문제 해결의 근원은 단적인 의미로 설계품질을 높이는 것이라 할 수 있다. 본 발표에서는 PL법 시행에 대비한 제조물 책임 예방대책을 알아 보고, QFD, 신뢰성 전개, FTA, FMEA를 단계별로 연결하여 신뢰성, 안전성 평가의 결과를 정확히 분석할 수 있는 QDRD 기법을 소개하고자 한다.

• Journal of Korean Society for Quality Management
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• v.48 no.2
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• pp.283-296
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• 2020

Purpose: This study examined the importance and satisfaction of consumer's perception of the information delivery format of products and services required and recommended by KS A ISO / IEC Guide 13: 2003 and KS A ISO / IEC Guide 37: 2003. Methods: In this study, the importance and satisfaction of clarity, principles of information transfer, how to use expressions and technical terms, and technical terms, warning signs, and durability were investigated. Results: The t-test analysis of the importance and satisfaction of the Writing Rules of the product user guide showed that all items had statistically significant differences. The importance of the writing rules of the product user guide for the use of the product was in the order of warning signs (4.423), how to use expressions and technical terms (4.215), principles of information transfer (4.163), clarity (3.914), and finally durability (3.851). Conclusion: Among the 'explanation,' 'instruction' and 'warning' functions of the Product User Guide, the consumer uses the manual to identify the inherent dangers and misuse of the product. Besides, since the life of the product is prolonged, the Product User Guide also needs to improve the quality of the cover or paper so that it can use for a long time.

• Proceedings of the Safety Management and Science Conference
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• 2004.11a
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• pp.99-109
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• 2004

The purpose of the research is to discuss the product safety procedures for the food area. The producer and supplies of the products should be able to satisfy the needs of the increasing consumer safety. The products, for the purpose of developing and making safe products, must perform Hazard Finding and Risk Analysis to detect potential danger to mike sure the final safety measures are in place. The purpose of Product liability rests finally with the consumer safety and the manufacturer's capability compete in the marketplace. Especially this is important for the food industry. But, our domestic middle and small food industries, it is relatively weak in this are. Thus this research would like to present a easily usable product safety procedures.

• Journal of the Korea Safety Management & Science
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• v.7 no.5
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• pp.85-96
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• 2005

The purpose of the research is to discuss the product safety procedures for the food industry The producer and supplier of the products should satisfy the increasing consumer safety needs. To develop and produce safe products, the food industry must rigorously perform potential hazard findings and very thorough risk analysis to detect even the very minute potential danger. The ultimate product liability rests with the consumer safety and the manufacturer's capability which competes in the market places. This is especially important in the food industry. However, small to medium sized food producing companies are facing challenges in this area due to their overall capabilities. Therefore this research presents safety procedures which are relatively simple to implement.

• Journal of Korean Society for Quality Management
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• v.13 no.2
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• pp.37-47
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• 1985

There are several productive maintenance problems that are closely concerned with product quality. In these problems, we have process capability, out-worn equipment problems, plant layout planning, maintenance cost, investment decisions and so on. These problems are analyzed, and some conceptial and applicable systems are developed in this paper. The purpose of this paper is to define that in productive maintenance problems awaiting solution is a necessary condition for improvement on product quality, quality assurance and product liability prevention at this time, and to find an applicable total system.