제조물책임법상 제조물의 개념

Abstract

[Abstract] THE SCOPE OF CONCEPT OF "PRODUCTS" IN THE KOREAN PRODUCTS LIABILITY ACT IN COMPARISON WITH THAT IN THE AMERICAN PRODUCTS LIABILITY RESTATEMENT Kim, Cheon-soo* This paper includes the comparison of the concept of the word "products" in the Korean Products Liability with that of Products Liability Restatement published by American Law Institute 1998. The establishment of the concept is the prerequisite for application of the Act. As far as the concept is concerned, the Act should be reformed. Especially the requirement that the products should be one manufactured or processed should be left out. The requirement does not suit the legislative intent of the Act, that is to make the damages dispersed socially. The intent could be kept when we require the feasibility of the producer of the products to apply the Act to the defect in his products. Many kinds of objects is analysed under the intent in this paper. The result is to broaden the scope of the concept.