유전자 재조합 식품의 제조물책임

Abstract

Genetically modified organisms("GMO") is called the food produced by genetically modified technology. It is very important policy how to guarantee the safety of GMO. GMO has a characteristic thing with a few merit and a variety of hazard.This paper studies the product liability to the lack of safety of GMO.First, 'product' means all movables, with the exception of primary agricultural products and game, even though incorporated into another movable or into an immovable. GMO is product as a produced or processed movable.Second, if a product of GMO is defective when it does not provide the safety which a person is entitled to expect, producer is liable for damage to health and property. Third, the producer shall not be liable as a result of damage if he proves that the state of scientific and technical knowledge at the time when he put the product into circulation was not such as to enable the existence of defect to be discovered.Forth, a limitation period of three years shall apply to proceedings for the recovery of damages and the rights conferred upon the injured person pursuant to product liability act shall be extinguished upon the expiry of a period of 10 years from the date on which the producer put into circulation the actual product which cased the damage.Finally, if the problem of the lack of safety of GMO is occurred, new legislation is necessary to solve the dispute of GMO as a present legislation is not enough to meet it.