미니컵 젤리로 인한 어린이 질식 사망사건의 제조물책임 ― 대법원 2010. 9. 9. 선고 2008다77795 판결(A) ; 대법원 2010. 11. 25. 선고 2008다67828 판결(B) ―

Several Child choking accidents have happened and these accidents are caused by a child snack called "Mini-cup Jelly". The decision of the Supreme Court on the claim of compensation against the company that imports the product and the Korea Food and Drug Administration ruled differently from the trial by a lower court on the same issue. This research more focuses on the case especially regard to the product liability of the importer. The Seoul Central Regional Court acknowledged the defect of the Mini-cup Jelly product and decided that the importer is liable for compensation for the damages. However, the Supreme Court agreed the importer's plea that the defective product was not the importer's product they supplied in one case also the Court denied government liability for all cases. The decision of the Regional Court established very clear precedent about the product liability, which declares the decision was appropriate to interpret the case and apply the definition of 'defect' according to Product Liability Law under the circumstances that the properties of the Jelly product pose special suffocation risks to children because It is irrelevant to use the expression of 'flaw' instead of the lawful word, 'defect' under Product Liability Law. Moreover, the decisions from the two courts are highly debatable because the courts weigh the plaintiff's negligence differently.