개정 제조물책임법에 관한 소고

Abstract

As science and technology develops, the types of accidents caused by products are becoming increasingly diverse, and the scale of damage is also increasing. Therefore, according to the existing Product Liability law, the manufacturer liability liability for damages caused by defects is defined, and the protection of victims, product safety liability law for the purpose of improving the safety of people's lives and contributing to the healthy development of the national economy To achieve the purpose of enactment. For this reason, the Product Liability law was revised. The revised Product Liability law is significant in that it has introduced the punitive damages system that has been constantly introduced and discussed. Although the punitive damages system recognizes deficiencies by calculating the cost of trying to eliminate defects in the product and by calculating the economic cost of distributing defective products to the victims, I think it is a very useful system because it punishes the act of distributing the product as it is to the market and deters it. In addition, the obligation to secure the identity of the manufacturing manufacturer to the supplier in the form of erasing the liability only if there is a cause for the existing supplier, and if the supplier violates these obligations, , Which seems to reflect the willingness to double protect the victim. In addition, we have added a rule to estimate that a product has been defective if the victim prove a few facts, which I think is a meaningful rule to mitigate the difficulty of proving a product defect. However, as described above, there is a problem that it is unduly burdensome to prove to the victim that the manufacturer has not taken the necessary measures despite the knowledge of the defect in the product. In addition, the issue of proof that the exemption from liability of the supplier liability is so simple that it can be ensured, that it is desirable to give the supplier the same responsibility as the manufacturer, and that the product does not normally occur in the absence of defect It seems to remain. Therefore, it would be necessary to solve such problems when revising the Product Liability Law later, and it would be necessary to search for introducing a collective dispute settlement system and restrictive enforcement of product liability insurance for more effective victim relief .