3D 프린팅에 대한 제조물책임의 적용 연구 – 「삼차원프린팅산업 진흥법」 제17조 (제조물에 대한 책임)를 중심으로 -

Abstract

「Three Dimensional Printing Industry Promotion Act」 legislated in December 2015 has significance as the first law that introduced Product Liability to the individual law related to ICT. It means that the Act arranged legal solution plan in case of the damage on one’s life, body, or property due to faulty product made with 3D Printing, which is advanced ICT technology. Compensation for further damage due to the defects of 3D Printing product is first, under default of obligation of 「Civil Law」 Article 390, assuming contract relation between person directly related. Second, it is under responsibility of tort 「Civil Law」 Article 750 that should prove negligence/intention of assailant regardless of contract relation between person directly related and defects liability under 「Civil Law」 Article 580. Also, there is Product Liability that applies liability without fault to compensation for damages due to product defect. The problem is that to establish defects of 3D Printing Product requires high-degree of professional ability. 3D Printing Product is developed by skilled programmers or technicians, and it is hard for normal consumers to know the complexity of 3D Printing Product combined with elaborate IT devices and electronics. Therefore, by putting liability without fault regardless of contract relation on 「Product Liability Law」, it has a different signification in the point that it can solve the existing limitation of compensation for damage due to the defects of 3D Printing Product. Especially, 3D Plan and 3D Printing software developed by software technicians run 3D Printer, and produce 3D Printing products. Because it is difficult for consumers to understand the complexity of 3D Plan, 3D Printing Software, or 3D Printer that is developed by skilled software technicians, it is urgent to relax burden of proof about causal relationship of occurrence of damage and presence of defects on 「Product Liability Law」. Therefore, when the fact confirms that the accident occurs under the exclusive control of manufacturer and the accident does not normally occur without mistake of manufacturer or third party although the product is used in normal way and the consumer receives further damage, regulation should be created that estimates further damage due to defect and accident of products occurring by the fault of the product. And it must be coincided with legislative purpose of 「Product Liability Law」. Meanwhile, as we examined before, Product Liability exemption should be made toward manufacturers of 3D printing software in the point that it enables users to judge the availability in printing software that provides source code. Also, in the case of the products that accompany high-degree of technical skills like 3D Printing and in case of conflict that occurs due to Product Liability, consumers actually have burden of raising original suit on the basis of Product Liability on 「Product Liability Law」 or 「Three Dimensional Printing Industry Promotion Act」, and due to the difficulty of defect proof unlike general products. Therefore, dispute conciliation function of 3D Printing Product Liability to 「Three Dimensional Printing Industry Promotion Act」 should be established and suspension effect of statute of limitations need to be required in order that prompt and effective solution can be made from conflict consequential to Product Liability of 3D Printing.