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Great expectations : The past, present and future of product liability laws in Korea
- Great expectations
- Lee, Young-Dae
- Seoul National University(BK 21 Law)
| Title |
Great expectations
Similar Titles
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|---|---|
| Sub Title | The past, present and future of product liability laws in Korea |
| Material Type | Reports |
| Author(English) |
Lee, Young-Dae |
| Publisher |
[Seoul] : Seoul National University(BK 21 Law) |
| Date | 2003 |
| Journal Title; Vol./Issue | Journal of Korean Law:vol. 3(no. 1) |
| Pages | 9 |
| Subject Country | South Korea(Asia and Pacific) |
| Language | English |
| File Type | Link |
| Subject | Government and Law < Laws and Legislation |
| Holding | Seoul National University |
| License |  |
Abstract
The Product Liability Act (hereinafter, the “"PL”" Act) was entered into force in Korea on July 1, 2002. The purpose of the PL Act is to protect consumers against damages caused by defective products, and to contribute to the safety of citizens and the sound development of the national economy by regulating the liability of manufacturers for damages caused by the defective products. This paper reviews past relevant tort case decisions in order to predict the future development of product liability theory by the Korean courts. In reviewing decisions made before the enactment of the PL Act, it was found that the courts had applied the negligence principle instead of the concept of defects, which means the plaintiff had the ‘'burden of proof,’' the obligation to prove the manufacturer’'s negligence. Another tendency held by the court was to deny liability for damages if no causation existed. As the cases show, negligence is difficult to prove, as most laypeople do not have the necessary expertise regarding the intricacies of the products, making it disadvantageous for the plaintiff. The courts, even before the enactment of the PL Act, recognized the need to improve laws related to torts by setting case precedents that gave remedy to the victims. Analysis of these milestone cases can be divided into three categories. (The rest omitted)
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