동아시아에 있어서 소비자보호-한,중,일 국제학술세미나 : 제2부 ; 논문 : 제조물책임법과 피해구제 체계

Abstract

The implementation of Product Liability Act on 1 July, 2002 will usher in

a strict liability regime for defective products in Korea. We think that this act

will make manufacturers strengthen counter-measures of the safety in design,

manufacture, designation and warning of products. And consumers will be able

to use much safer products than before. Consequently, the introduction of this

act itself will contribute to consumer protection.

However, this act is not enough to realize it's legislation object of the

remedy of victims without another arrangement of relative systems. The reason

is that victims still have much difficulty in the processes of claims for

compensation.

In order to substantially remedy the damages of victims who are suffered

from defective products, the following systems must be arranged. First, there

needs the arrangement of fair, easy and speedy dispute resolution systems such

as ADR(Alternative Dispute Resolution) or easy judicial proceeding system,

because it is thought that the damages by defective products are mostly small

claims. Presently there are dispute mediation system of KCPB(Korea Consumer

Protection Board) and arbitration of KCAB(Korea Commercial Arbitration

Board) as examples of ADR in Korea. And there are judicial arbitration of

civil disputes, and small claims court proceeding as easy judicial proceeding

systems.

Second, there need systems which can save victim's burden of proof on

defects, damages and causation. The arrangement of search systems of cause

and gathering systems of information on product liability accident and danger,