1994年 日本의 製造物責任法과 日本企業에 있어서의 製造物責任 = Japanese Product Liability Act, 1994 and Product Liability of Japanese Enterprise

다국어 초록 (Multilingual Abstract)

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

목차 (Table of Contents)

• Ⅰ. 序 說
• Ⅱ. 日本企業에 있어서의 製造物責任論의 爭點
• Ⅲ. 學說과 判例에 發展 및 그 最近의 動向
• 1. 製造物責任에 관한 學說
• 2. 製造物責任에 관한 判例의 動向
• 3. 製造物責任의 對象
• 4. 責任의 主體
• 5. 缺陷의 範圍
• 6. 免責事由
• 7. 期間의 制限과 民法의 適用
• 8. 責任履行의 確保
• Ⅳ. 日本의 製造物責任의 內容
• 1. 缺陷責任의 導入
• 2. 製造物의 範圍
• Ⅴ. 結 語