제조물책임법 개정시안의 중요내용

The aim of Product liability Act(PLA) is to ensure the adequate protection for victims (by ensuring they are compensated and by discouraging the marketing of defective products) and to minimize the costs to industry so as to avoid excessive interference in their capacity for innovation, job creation and exporting. In order to achieve the purpose of this PLA more efficiently, its Amendment Draft was made. The noteworthy issues are as follows : i) the term ‘defect’ is defined as the lack of safety that the product ordinarily should provide. ii)The manufacturer shall be liable for damage to any item of property, including the defective product itself. iii) The amendment draft has a specific provision, the burden of proof is for the victim(the plaintiff) alleviated. The current PLA does not define a standard of required proof. In the light of Civil Procedure Code the burden of proof lies with the victim. He must prove that the product was defective and that there is a causal relationship between the defect and the damage suffered. Those burden may be too great when such proof turns out to be technically complicated and/or mostly exists the area of manufacturer. So the draft designed that existence of defect and causation should be inferred only by proving assumed premise. iv) In order to help the victim to prove the defect and causation, is newly established a provision that the plaintiff may request the submission order for information in court. The Amendment Draft of PLA has tried to maintain the balance for protection between manufacterer and victim.