현행 자동차관리법제에 대한 진단: 소위 ‘BMW 화재’사태에서 바라본 현행 제도의 문제점에 대한검토를 중심으로

This article aims to diagnose the problems of the current Motor Vehicle Management Act, which has become a hot issue due to the so called ‘BMW Fire’ case, and to find realistic protection measures for motor vehicle consumers. The article is composed of two parts; The first part of this article is allotted to analyzing the current legal system related to this incident. The analysis looks at the Motor Vehicle Management Act, an act that could be called the ‘basic law’ with regard to this subject, and the Product Liability Act, which contains the details of compensation for product damage. In addition to description the structure of the current motor vehicle management system which motor vehicle manufacturers themselves certify that they comply with safety standards established by the government, this part contains analysis about regulations regarding the recall of defective automobiles, and the so-called ‘lemon law’, affect the exchange and refund of new cars. And This is followed by a look at the purpose of the revision of the Product Liability Act, which has recently been amended to include punitive damages, and the specific requirements for its application are also analyzed. The second part of the article reviews the limitations of the current legal system, based on the analysis of the first section. Firstly, the mixed use of the ‘nonconformity and defect’ provision is examined, which is considered the biggest error in the current law. The analysis will emphasize the necessity of an explicit definition in the law, by illustrating how the current discordance has led to legislative defects. Next, the article looks at the confusion in the composition of the current legislation, and the problems created by the current revision debate. Some would like to create a punitive damage system, a form of damages compensation law, by adding on the Motor Vehicle Management Act as an administrative purpose law which already contains a ‘lemon law’, a form of consumer protection provision. This disorder is examined in this section. Finally, the incompetence of the current administration is reviewed. Poor organization and insufficient budgets have led to this state, although the current ‘self-certification’ system, one based on the assumption that sufficient follow-up verification is required, may also be to blame. This analysis confirmed that this kind of incompetence was ultimately derived from the absence of legislation, and concluded that hasty legislation to strengthen penal regulations could never be a solution. Throughout this review, I have argued that the current discourse regarding revision to legislation should be focused on a fundamental revision of the existing legal system. Already in a state of disarray and confusion, a simple revision of motor vehicle management legislation will not be sufficient.