• 항공우주정책ㆍ법학회지
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• 제32권1호
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• pp.139-175
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• 2017

국회는 2017년 3월 30일 제조물책임법 일부개정법률안을 국회본회의에서 통과시켰다. 본 개정안에는 무엇보다 피해자인 소비자의 입증책임을 완화시키며 제조물책임의 배상책임을 3배까지 증액하는 신설조항이 있어서, 제조물책임관련 소송이 증대될 것이며, 제조물책임보험 가입이 증가할 것이다. 군용항공기 제작사는 군용항공기의 제작목적이 기동성 위주이며, 군의 작전성을 위주로 운용되기 때문에 현실적으로 군용항공기 제조사들이 군용항공기 제조물책임보험을 들 수 없는 현실 상황하에 군용항공기제작사는 제조물책임법과 하자담보책임, 채무불이행책임의 손해배상 위험에 직면하여 있다. 제조물책임법의 시원지인 미국은 1970년대 제조물책임법이 시행되게 되자, 군용항공기제작사의 책임한도에 대하여 학계, 법조계, 보험업계에서 큰 논란이 있었으며, 군용항공기 제작사의 책임문제를 해결하기 위하여, Government Contractor Defense (GCD, 정부계약자항변) 라는 법리를 판례로 만들어 냈다. 한국과 미국정부가 맺고 실제 적용하고 있는 Foreign Military Sales(FMS) 계약서에는 군용항공기제작사에 대한 면책조항이 있다. 군용항공기 제작사가 높은 제조물책임보험을 들 수 없고, 방산원가에도 제조물책임보험료를 반영시키지 않는 현실에서 외국의 수출을 확대하고 있는 군용항공기제작사는 위기 그 자체에 직면하고 있음을 정확히 알고, 시급히 이러한 위기를 해결할 수 있는 입법개정, 정책수립을 하여야만 한다.

• 한국산학기술학회논문지
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• 제9권5호
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• pp.1386-1391
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• 2008

제조물책임법에 의하면 조영제 제조업자는 조영제결함으로 인한 조영제부작용에 대해 환자에게 손해배상책임이 있다. 그러나 환자 측에서 조영제부작용이 조영제의 결함에 의한 것이라는 것을 증명하기 어려울 것이며, 그에 따라 조영제부작용을 제조물책임으로 묻기 어려울 것이다. 또한 조영제 제조회사에 제조물책임이 있다고 하여 조영제 부작용에 대한 의료기관이나 조영검사자의 법적 책임을 덜 수도 없을 것이다. 오히려 조영검사를 위해 조영제 농도를 조정하는 조제행위가 이루어지는 경우에 이에 관여한 의사방사선사도 조제조영제에 대한 제조물책임의 주체가 되어 제조물책임을 져야 하는 문제가 발생할 수 있게 된다. 그러므로 조영제부작용을 제조물책임으로 묻는 데는 신중해야 하며 조영검사자와 환자 측 양방을 보호할 수 있는 합리적인 새로운 법리가 모색되어야 할 것이다.

• 대한안전경영과학회지
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• 제7권3호
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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.

• 대한안전경영과학회지
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• 제14권2호
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• pp.71-82
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• 2012

Many countries are enforcing the Product Liability Act to ask the responsibility for the supply of the safe products. Thus, the safety of the product becomes one of the most important elements in modern corporate management. Diamond tool industries producing risk-high products cannot make an except to this situation. This research presents how Diamond tool manufactures in korea to respond effectively to Product Liability through construction of Product Safety Management System.

• 산업공학
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• 제15권2호
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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.

• 한국중재학회지:중재연구
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• 제10권1호
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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.

• 무역상무연구
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• 제37권
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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.

• 산업경영시스템학회지
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• 제40권2호
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• pp.22-30
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• 2017

PL (Product Liability) refers to the legal responsibility of a manufacturer or seller for bodily injuries or property losses caused by product defects. Therefore, it is important for companies to construct a product liability response system that strategically manage and effectively adapt to product liability. A PL response system refers to companywide operations of PL prevention (PLP) measures, product safety (PS) measures, and PL defense (PLD) measures appropriate for a company's scale and environment. To establish an enterprise product liability response system, each essential component of corporations should be systematically operated and maintained considering the scale and characteristics of the corporations. Essential components of PL response system is Strategy, Organization, Training, Technology, Investment, and Awareness. Role of essential components is that companies need specific strategies to secure product safety and protect customers from product defects, and appropriate organizations must be composed for effective operation of such strategies. The objective of this paper seeks to examine the relationships among the essential components of the product liability response system and PL performance. PL performance consists of positive performance and negative performance. In particular, positive performance include increased efforts in product or process innovation such as strengthening research and development (R&D) to produce safer products without defects. In order to carry out this research we obtained 98 questionnaire of manufacturing company. A summary of the analyses is as follows: First, the awareness and technology among essential components affect significantly to the positive performance. Second, the awareness and strategy among essential components negative affect to the negative performance.

• 대한안전경영과학회:학술대회논문집
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• 대한안전경영과학회 2010년도 추계학술대회
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• pp.507-516
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• 2010

Product liability as a process has developed significantly in the United Kingdom and the United States of America. The safety of the product becomes one of the most important elements in modern corporate management. The rapid introduction of product liability has recently been a prevalent phenomenon, as global changes arising from rapid development in science and the economy have resulted in a highly interconnected world economy. This thesis was established, based on current literature and business consulting cases in the position of companies, and is one of the operating subjects in a system for legal responsibility in manufactured products.

• 대한안전경영과학회지
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• 제2권3호
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• pp.151-169
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• 2000

Product Liability(P.L) is designed for system which charge with a compensation for demages that has nothing to do with whether manufacturer make a mistake or not in that case suffer heavy losses anyone of body or property by defect of product. Now and then, most people interest of safety of product and main countries already carry out Product Liability. This paper analyzes newly studied cases by defects, products, countries in Korea and some developed countries (USA and Japan mainly) in order to prepare for Product Liability, which will be enforced on July 1, 2002 in Korea. Before P.L. began to enforce, many cases have happened and resulted in sues. Therfore, each country have revised the current P.L. after many trials and errors. From this respect, the cases of other countries and Korea will be compared and analyzed.