제조물책임법상 제조물의 개념

• 영문명: Definition of "Product" in the law of product liability
• 발행기관: 한국사법학회(구 한국비교사법학회)
• 저자명: 박동진(Dong-Jin Park)
• 간행물 정보: 『비교사법』비교사법 제10권 4호, 279~311쪽, 전체 33쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2003.12.01

영문 초록

The law on product liability is operated from 7.1.2002, and has been practiced over a year. However, this rule of law cannot solve all disputes related to product liability yet. The top priority of applying this rule is to make it clear the range or definition of products in that objectives which cause damages should fall to products. Article 2(1) of product liability provides that products mean manufactured or processed movables including other movables or a part of immovable properties. According to this rule, it's necessary to confirm the extent of products by legal provisions. This is because it's not always easy to identify a product whether it satisfies a rule or not, and furthermore a concrete legal policy should be established for specifying the elements of a product. This thesis summaries foreign legislations and interpretations upon this matter, since the law of product liability in Korea is basically enacted referring to the law of product liability and related regulations developed in foreign nations. In detail, this paper also examines if a concept of a product can include agricultural and marine products, livestock, groceries, software, information and service, energy such as electricities, blood, tissue of the human body, animals, microorganisms, vaccine, and medicine.

목차

Ⅰ. 서론

Ⅱ. 제조물개념과 관련된 외국의 입법예

Ⅲ. 제조물책임법 제2조 제1호에서 요구되는 제조물의 요건

Ⅳ. 개별적 검토

Ⅴ. 결론

참고문헌

[ABSTRACT]