제조물책임법상 징벌적 손해배상의 요건

The products are manufactured on the basis of high technology, and scientific and technical manufacturing information is concentrated on the manufacturer. Therefore, the reality is that it is difficult for the victim consumer to prove the defect and file a lawsuit and receive substantial compensation for the damage. The Product Liability Act ensures that actual compensation for damages to individual consumers is made to protect consumers affected by defective products. In addition, Punitive Damages system was introduced to prevent from conducting similar illegal activities that manufacturing and selling defective products due to the manufacturer’s malicious tort. This paper aims to present interpretational criteria for necessary measures, scope of damages, recognition of defects on products and etc which are general and abstract provision of the requirements for punitive damages to be recognized. In addition, the liability for damages is limited to three times, which may fade the effectiveness of the law. Therefore, this paper is proposed an alternative that limits the damages to three times or more to within ten times.