제조물책임법(PL법) 국내,해외 사례 및 시사점

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"제조물책임법(PL법) 국내,해외 사례 및 시사점"에 대한 내용입니다.

목차

1. 제조물책임(PL)법 · ··············································································································· 1
1.1 PL법의 정의 ················································································································ 1
1.2 제조물의 범위 ··············································································································· 1
1.3 결함 ······························································································································· 1

2. PL법의 목적 및 의의 ··········································································································· 2

3. PL대책 체계도 ··················································································································· 3
3.1 PLP(Product liability prevention) 대책 ··································································· 3
3.2 PLD(Product Liability Defense) 대책 ······································································· 3
3.3 리콜 ································································································································· 4

4. 제조물 책임법에 따른 손해배상 사례 ············································································· 5
4.1 설계상의 결함 - 국내 사례, 해외 사례 ·································································· 5
4.2 제조상의 결함 - 국내 사례, 해외 사례 ································································ 6
4.3 표시상의 결함 - 국내 사례, 해외 사례 ································································ 7

5. 시사점 및 느낀점 ··············································································································· 8

6. 참고문헌 ································································································································· 9

본문내용

1. 제조물책임(PL)법
1.1 PL법의 정의
제조물의 결함으로 인하여 그 물건의 사용자나 제3자에게 인적 ‧ 물적인 손해가 발생한 경우에 그 제조자나 유통업자에게 손해 배상의 책임을 지우는 제도 (Product Liability, 무과실 책임제도)

1.2 제조물의 범위
제조물의 결함으로 생긴 손해에 관한 책임을 문제삼는 것이므로 제조물의 범위는 매우 중요하며, 일반적으로 유체물에 한정되어 제조 ‧ 가공된 동산을 말함. 제조물책임법상 범위는 기본적으로 현재의 대량생산 ‧ 대량소비라는 형태가 적합한 제조물, 기업이 생산하는 모든 제품, 즉 시장에 나오는 상품은 모두 제조물이라고 볼 수있음

1.3 결함
1.3.1 결함의 개념
결함’ 이라 함은 당해 제조물에 통상적으로 기대할 수 있는 안전성이 결여되어 있는 것을 말한다. 이러한 결함에는 제조상의 결함, 설계상의 결함, 표시상의 결함으로 분류된다.

1.3.2 제조상의 결함
제조업자의 제조물에 대한 제조․가공상의 주의 의무의 이행 여부에 불구하고 제조물이 원래 의도한 설계와 다르게 제조 ․가공됨으로써 안전하지 못하게 된 경우

1.3.3 설계상의 결함
제조업자가 합리적인 대체 설계를 채용하였더라면 피해나 위험을 줄이거나 피할 수 있었음에도 대체 설계를 채용하지 아니하여 당해 제조물이 안전하지 못하게 된 경우

1.3.4 표시상의 결함
제조업자가 합리적인 설명․지시․경고 기타의 표시를 하였더라면 당해 제조물에 의하여 발생될 수 있는 피해나 위험을 줄이거나 피할 수 있었음에도 이를 하지 아니한 경우

2. PL법의 목적 및 의의
제조물 관련 사고는 소비자의 잘못된 사용으로 인해 일어나기도 하지만, 대부분 제조물 결함에 의해 발생한다. 그러므로 소비자가 피해를 입은 경우 제조업자 등에게 손해배상 책임을 규정하여, 피해자를 보호하는 것은 당연한 행위이다. 그러나 지금까지 우리 나라에서는 제조물에 대한 책임을 추궁할 경우 민법 제750조의 ‘불법행위의 내용’의 규정을 적용했었다. 그 경우 피해자가 제조업자에게 손해배상을 청구하려면 제조업자 측의 과실을 면밀히 조사하여 입증해야만했다.

참고 자료

https://blog.naver.com/firerisk/222311006559
https://terms.naver.com/entry.naver?docId=943706&cid=47333&categoryId=47333
http://www.kiri.or.kr
대한상공회의소 PL센터, http://pl.korcham.net - 국가법령정보센터, law.go.kr/법령/제조물책임법
“PL법에 대한 일반적인 이해”, 한국PL센터, 고병인 - ‘제조물책임에 관한 국내외 판례 소개“, 한국PL센터, 전순덕
”PL 어떻게 대처할 것인가“ - PL법의 시행은 기업의 위기이자 기회, 유재권
”시사점 및 PL보험의 향후 운용방향“