동아시아에 있어서 소비자보호-한,중,일 국제학술세미나 : 제2부 ; 논문 : 제조물책임법과 피해구제 체계
Product Liability and Remedy System

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서울대학교 법학연구소
법학, Vol.42 No.2, pp. 185-208
2000년 1월 공포제조물책임법피해구제신속한 분쟁해결제도
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


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


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,
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College of Law/Law School (법과대학/대학원)The Law Research Institute (법학연구소) 법학법학 Volume 42, Number 1/4 (2001)
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