인터넷통신판매업자의 製造物責任 적용 여부 : 韓國과 美國의 製造物責任法을 중심으로 = Is an On-line Seller(Internet Service Provider) Subject to Product Liability Law? : Focusing on Product Liability Law in South Korea and the United States

다국어 초록 (Multilingual Abstract)

The development of information superhighway that includes the Internet and the World Wide Web(WWW) has and will have profound effects on our everyday lives. The new technologies are beginning to make national borders less meaningful and have the potential to make our lives easier. And the new technologies have and will have a significant impact on several major fields of law and the practices of law. However, these types of transactions are creating several unexpected problems. One of them is an issue related to consumer protection.
Product liability appears especially due to a consumer's difficulty in proving fault on the part of the manufacturer. The theory of strict products liability was first adopted by the California Supreme Court in Greenman v. Yuba Power Products, Inc. And section 402A of the Second Restatement was drafted the strict products liability.
A general trend in advanced countries such as America, Japan, Germany, and EU is to employ strict liability or no-fault liability that imposes liability on the manufacturer of a defected product, irrespective of his fault. South Korea also follows this trend As a result, Product Liability Act in South Korea will be effective in July 1, 2002.
Some scholars are supportive of imposing product liability on an On-line seller(internet service provider) in order to protect consumer in electronic transactions.
Whether or not information(software) comes under the term, "product" is highly controversial in South Korea. However, I think that information(software) is not beyond the scope of the concept taking into account South Korea's Civil Act and Product Liability Act.
Also, an issue as to whether or not an On-line seller(ISP) is a manufacturer is discussed in Korean legal community. An On-line seller(lSP) is a manufacturer subject to §1 and §20 of "Restatement of Torts(Third) : Products Liability".
I think that On-line seller(ISP) is not beyond the concept of "manufacturer", taking into account South Korea's Product Liability Act According to § 2(3) of Product Liability Act in South Korea, a manufacturer is the one who is engaged in the business of manufacturing, processing and importation. On-line sellers are not manufacturers, so that we can not impose product liability on them.

목차 (Table of Contents)

• Ⅰ. 序
• Ⅱ. 우리나라 인터넷통신판매업자의 민사법적 책임 개관
• 1. 인터넷통신판매업자의 의의
• 2. 인터넷통신판매업자의 民事法的 責任 槪觀
• Ⅲ. 韓國과 美國의 製造物責任法 槪觀
• 1. 製造物責任 一般論
• 2. 韓國과 美國의 製造物責任法
• Ⅳ. 인터넷통신판매업자의 제조물책임 인정 여부
• 1. 문제의 제기
• 2. 製造物의 槪念
• 3. 인터넷통신판매업자가 제조업자에 해당하는지 여부
• Ⅴ. 결론