식품법상 식품의 위험 규제와 그 책임에 관한 고찰 = A study of risk regulation and liability of food in food law

다국어 초록 (Multilingual Abstract)

Food Law can be defined as legal system relating to produce, process, transaction or distribution of food. This definition includes the cultivation or importation of agricultural products, all processes from stock raising, fishing to manufacturing processed for customers. Food law is complex field of legal system which is based on administration law and is related to various field of laws, Basically, food law is subject to the public regulations, but nowadays indemnification for damage system has became important including product liability, In the field of food law, all researches and discussions should keep in mind the relationship of three main agents - food industry participants, customers and government, and balance the interests of them. Generally, the regulations relating to food can be divided into abuse- restriction system and prohibition system, The constitutional law have award to the government the authorities and obligations to regulate food industry, many acts do same to local governments, About the regulations of processed food, the Fundamental Food Industry Act provides the harmony of market principle and the function of public benefit as very important standards and principles. It has been more and more important that the regulations should assure the customers`` right of choice by providing accurate informations about food, and that is a current tendency of food law. As a method of public control, it attracts public attention, the prohibition of producing or circulation of poisonous food, the inspection order and a the recall order as an invasive administrative measure, the inspection of traceability for produce and circulation of food as a authority administrative measure, The processed food which is extracted from the natural foods and mixed with other ingredients has many advantages but also has possibilities of harm and side effects. Food liability studies have been done but they are limited in specific cases or in specific fields. General study subsuming the civil law, the corporation law and product liability law is rare and is being demanded. Especially Study about the state tort liability, the liability about the genetically modified food and food liability as product liability should be done consistently.