제조물 결함의 유형과 판단기준에 관한 고찰


A Study On the Types and Criterion of the Product defect - Focused on Judicial Precedents -


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The Koran Product Liability Act has a comprehensive definition of the term 'defect', which means the lack of safety that the product ordinarily should provide. It also includes three basic types of defects which may call for different treatment: manufacturing defects, design defects and warning defects. The defect type 'manufacturing defect,' as a strict non-negligence liability, is not so difficult to judge since it is based on consistency between the actual product and the design. However, as for ‘design defects’ and 'warning defects', they are not so easy to judge since they are dependent upon the existence of a reasonable alternative design and reasonable instructions or warnings.
It will be said to be fair to operate ‘design defects’ in a direction that a reasonable alternative design in question should be judged according to risk-utility test, the alternative design presented by the victim is presumed to be reasonable so long as there are no special circumstances, considering that the victim is less familiar than the manufacturer with the product, and that the manufacturer's reasonableness is being contested. ‘Warning defects’ should also be judged according to a risk-utility test, and recently a variety of methods have been developed and utilized to warn of the product's risk, and this can be considered to be a kind of social trend.


I. 서론
 II. 결함의 판단기준에 관한 일반적인 논의
  1. 서
  2. 표준일탈기준(Deviation from norm test)
  3. 소비자기대기준(Customer expectation test)
  4. 위험효용기준(Risk-utility test)
  5. 바커기준(Two-prong test, Barker rule)
  6. 검토
 III. 결함의 유형에 따른 판단기준 검토
  1. 서
  2. 제조상의 결함
  3. 설계상의 결함
  4. 표시상의 결함
 IV. 결언


  • 김덕중 Kim, Deok-Jung. 원광대학교 법학전문대학원 조교수, 법학박사.


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