리콜 관련 법제도 현황 조사 및 리콜 활성화 방안 조사연구

Abstract

As the social interests and demands for consumer safety and product recall are increasing, in this research we reviewed about the law and legal conditions concerning product recall of the developed countries and Korea. In addition, we investigated the problems and drawbacks of Korea’s relating product recall law and legal system. We also suggested diverse suggestions for the complement and revitalization of product recall law and legal system as below. First, in US, the CPSC’s efficient recall system based on CPSA law would be a good benchmarking model for us. In specific, voluntarily recalling system especially regarding for imported products and child goods, and efficient recall information system operation based on NEISS are good benchmarking models to emulate. In Europe, there is a recalling system based on RAPEX(known as quick information exchanging system), which is systematic and consistent. Second, problems in Korean recalling law systems are firms’ own initiative evasion in recall, imperfect regulation in special laws about recall, lack of performance in product recall because of the lack of inefficient system of administrative agency, inefficient operation in recall injury information system, and consumer’s lack of recognition about product recall. Third, to operate an efficient for consumer safety in terms of law part, several things should be premised; firms’ voluntary recall, improvement in recall related law, efficient operation of recall information system, reinforcement in recall promotion related law systems such as Liability Law and Class Action, and improvement in consumer’s recognition about product recall are things to be premised.