디지털시대에서 제조물 책임 - EU 제조물 책임지침 개정안 검토를 중심으로 -

The EU’s revised product liability directive extends the concept of product from the existing concept to include digital-based products and software. It also seeks harmonization among regional regulations while attempting to harmonize the terms of the EU General Product Safety Regulations. And for consumer protection, the victim’s burden of proof was relaxed. Expanding the scope of businesses operators liable for damages caused by defective products is new contents that was not seen in previous directive. This study suggests three implications. First, our product liability laws need to be revised to accommodate digital Transformation. Considering the product liability law’s purpose, the product liability law should be recognized as a damage about data recovery costs due to data loss. Next, for damages caused by defective products, it is necessary to consider expanding the application of the existing burden of proof regulations. Lastly, in order to build a circular economy, product modifiers must be viewed as the same as the manufacturer. In addition, it should be reflected that the statute of limitations for product liability is newly calculated from the time the product is modified.