초록 열기/닫기 버튼


The characteristics of food damage is that the injured are many, but damages are little, and reason of damage is not sure and uncertain. So, it’s hard burden of proof in civil procedure to apply to food damage. Damage from food is different from damage cause of usual transaction in point of origin and style of damage. In general, they’re applied default of obligation principle or warranty against defects liability or product liability to damage from usual transaction. But they’re hard to apply to damage from food. And Product Liability Act isn’t applied to no-manufactured food. Besides the food codes in force doesn’t have clauses about remedies for consumers. To improve these problems it’s necessary to introduce strict liability, class action, conciliation system and punitive damages. And, the food codes in force impose punishment or administration penalty on food manufacturers and suppliers, but they nearly prescribe remedies for food consumers cause of harmful food. So, Capability of remedies from food damage becomes inverse proportion to harmfulness of food. In conclusion, it’s proposed legislative improvement remedies for food consumers through analyzing characteristics of food damage and problem of the food code in force.


The characteristics of food damage is that the injured are many, but damages are little, and reason of damage is not sure and uncertain. So, it’s hard burden of proof in civil procedure to apply to food damage. Damage from food is different from damage cause of usual transaction in point of origin and style of damage. In general, they’re applied default of obligation principle or warranty against defects liability or product liability to damage from usual transaction. But they’re hard to apply to damage from food. And Product Liability Act isn’t applied to no-manufactured food. Besides the food codes in force doesn’t have clauses about remedies for consumers. To improve these problems it’s necessary to introduce strict liability, class action, conciliation system and punitive damages. And, the food codes in force impose punishment or administration penalty on food manufacturers and suppliers, but they nearly prescribe remedies for food consumers cause of harmful food. So, Capability of remedies from food damage becomes inverse proportion to harmfulness of food. In conclusion, it’s proposed legislative improvement remedies for food consumers through analyzing characteristics of food damage and problem of the food code in force.