製造物責任訴訟에 있어 政府契約相對者 抗辯의 比較法的 考察

Since Korea adopted Product Liability Act, government contractors are exposed to broader liability. This liability is exempted in the United States for the reason of government interest. The reason for exemption has been found on the exception of Federal Tort Claims Act which is discretionary function. This exemption led to very opposite results in Agent Orange cases. While the Unites States courts exempted government contractors from product liability, Korean court has decided that government contractors cannot use government contractor's defense where the cases are adjudicated in Korea. Although this stark distinction is originated from very unusual situation, this distinction clearly demonstrates the necessity to research the defense theory in Korean torts law. Thus, this article examines the development theory of product liability and its defenses. Particularly, it clarifies the structural meaning of government contractor's defense in Korean setting. It is author's opinion that Korea needs to very carefully adopt government contractor's defense not because the theory itself is inappropriate but because the relevant legal setting is quite different, emphasizing that there might be some loophole for victims of strict liability. In conclusion, this article argues that Korea needs to adopt government contractor's defense in its Product Liability Act with some additional measurements to protect victims of government function.