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1994年 日本의 製造物責任法과 日本企業에 있어서의 製造物責任
羅允洙 圓光大學校 1995 論文集 Vol.30 No.1
The Purpose of this paper is to analyze the Japanese Product Liability Act. The Issue of the product liability became a major concern in Korea, because the injury and damage arising out of the defective product increased in recent years. Product liability refers to the legal liability of manufacturers and sellers to compensate consumers, users and strangers for damages or injuries because of defects in goods bought and is a tort which makes a manufacturer liable if his product has defective condition that makes it unreasonably dangerous to the user or consumer. Under the principles of the Japanese Product Liability Act, recovery is no longer limited to the buyer of the product or even to a user, but may extend to the non-user, the stranger who is injured or damaged by a defective product and with the elimination of requirement to prove negligence of the defendant. This paper focuses on the analysis of current problems on the existing laws concerning the issues of product liability and establish the new legal system of product liability in Korea through a comparative legal study with Japanese legal systems. This paper is organized as follows ; Ⅰ. Introduction Ⅱ. Issues of the theory of product liability Ⅲ. A tendency of theories and leading cases Ⅳ. Essential points of the Japanese Product Liability Act Ⅴ. Conclusion
나윤수 원광대학교 법학연구소 2007 圓光法學 Vol.23 No.2
The advent of digital era in created the importance of digitalized contents on culture, education, game etc. our daily lives. The digital contents which has creativeness has been protected by the Copyright Act in Korea. However, the contents which was not creative could not have been protected so far on the ground that it lacks creativeness, one of the prerequisite for copyright protection, even though the industry invent much time effort in digitalizing the contents. Until recently, they had no remedies against illegal reproduction of their contents through the internet network. The purpose of the Online Digital Contents Industry Promotion Act is not only to promote Korean digital contents but also to protect investment to digitalization of contents by adopting the unfair competition principle. Although both copyright laws and Online Digital Contents Industry Promotion Act aim to protect Digital Contents in different ways, the one stipulate the limitation of liability for online service providers but the other doesn‵t.