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박호용 京畿專門大學 2000 京畿專門大學 論文集 Vol.- No.28
This paper attempts to analyze theoretically the issue of product liability with respect to social welfare and efficiency. Reestablishment of compensation liability rule allow us to suggest an inducement procedure to internalize a factor which is not reflected in prices due to the market failure. This study provides a model within the framework of game theory, in which the product liability problem is combined with market mechanism. In particular, the model explicitly includes the uncertainty of information about hazard. We provide theoretical arguments as follows. The comparison between the attention level and information of product risk level of both producer and consumer shows that there exists a significant difference in efficiency depending on each liability rule. Under the no-liability rule, the principle of competition leads the producers to pay attention to the risk, when the customers have perfect information. On the other hand, when the customers have imperfect information, the producers pay no attention to the risk, because they cannot add the attention expense to the prices of the products. Under the negligence rule, the producers will be careful, but the consumers will not be careful, because they are not aware of the risk of the accident in the use of the products. Under the strict liability rule, consumers have no need to pay attention, whether or not they have the full information. Finally, under the strict liability with the defense of contributory negligence rule, the legal attention level is efficiently estimated and the consumers' overestimation of the loss results in efficiency regardless of the degree of the information perfectness. When the insurance market is imperfect, the strict liability rule is more efficient than the negligence rule or no liability rule, depending on the relative degree of danger avoidance. In addition, the strict liability is more efficient than the other two, when the injurers are not only the consumer but also the third person, because the full price including the expected damage is equal to the market price. At last, the strict liability becomes less efficient due to the decrease of the diversity of products, unless there are a variety of consumers and the producers know the types of the consumers. However, the insurance market is imperfect due to the moral hazard, the efficiency level will decrease due to the availability of the imperfect insurance irrespective of the diversity of the products, while the consumers will have the perfect insurance although the diversity of the products decreases under the strict liability rule. Therefore, the efficiency has to be estimated synthetically with the consideration of the two aspects.
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박호용 京畿專門大學 1999 京畿專門大學 論文集 Vol.- No.27
This paper presents and analyzes Korean distribution markets in an era of boundless competition. Recently the Korean distribution market has been witnessing a remarkable change represented by the rapid spread of "price-busting phenomenon". It cannot be, however, stated that price-busting has been virtually conducted in Korea, as the competition by the price reductions in Korea still relies on distributors' manipulation of profit margins. Price-busting is viewed as a process of destroying the high cost structure formed in the course of production and marketing, and reforming commodity prices at the price level expected by the consumers. Therefore, in order for genuine price-busting to take place, initially market predominance should be shifted from manufacturers to distributors, who are close to consumers. As such, it may be judged that one of the pending issues in Korea's path to an advanced economy is to build a distributor-led market structure together with specialization in manufacturing by the suppliers. The work in this paper includes the present status of distribution industry and a way to enhance its competitiveness in an open market, in that you may find solutions to build an efficient structure of distribution industry in an open economy. The first chapter is devoted to the specifying the concept of price-busting phenomenon which prevails in Korea since opening distribution market 1996. The second chapter is concerned with the present status of distribution market and with factors of inefficiency. Finally, some institutional prescriptions are suggested to enhance the competitiveness in the distribution market.
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