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RISS 인기검색어
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- 저자 : 양덕순 ( Kee Choon Rhee (검색결과 3 건)
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양덕순(Deok Soon Yang),이기춘(Kee Choon Rhee) 한국소비자학회 2002 소비자학연구 Vol.13 No.1
The aims of this study are to provide a proper direction of the product liability law in the relation to 1) the safety consciousness of Korean consumers and 2) the combination of damage solution and enhancing product safety, which will be beneficial to the consumers. The findings of this study which contains the summary of existing research and materials, the actual safety consciousness of Korean consumers, and the desirable direction of product liabilities law, are following : First, Korean consumers do not pay enough attention to the safety when they purchase products. Consumers do not have enough information about the products, are not sensitive to the warnings, nor willingly pay to more safe products. The primary cause of the hazard is the products defects and the second cause is lack of safety consciousness of the consumers. Consumer carelessness took more portions in the cause of reported hazard of the domestic products compared to that of the imports. Housing & architectural facilities and sports & leisure products were analyzed higher in the frequency of hazard. The producers do not provide immediate remedy to fix the defective products because of the weak consciousness of the consumer rights. Second, this study suggests a proper direction of legislation of the product liability law. The direction is summarized as following subsections: domain of the products, warning of defects, burden of proof, domain of producers, limitation of compensation liability, punitive damages, development risk defence, and limitation period. 1. A domain of products: it should not contain the primary goods, but should contain the houses built for sale because the hazard information of the houses tends to be limited and accidents occurred frequently. 2. Warning of defects: it should not be accepted when the risk is obvious because Korean consumers have shown insensitivity to the warnings. 3. A burden of proof: it should be lessened by applying the provision of the inference, and the court should be cautious such that applying first the exclusion clauses. 4. A domain of producers: it should contain manufacturer, by putting their names on products, importers, and sellers and joint liability should be imposed on the domain. 5. Limits of compensation liability and punitive damages: it should contain the damages on their bodies and properties by defective products, and punitive damages. But it should not contain the damages from the products while the provision delete the financial limits. 6. The development risk defence: it should be included in the law. 7. The effective period it should be equalized with the useful safe life of durable goods.
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