이용자들의 저작권침해행위에 따른 인터넷서비스 제공자의 부수적인 책임을 다룬 한국의 그간 판례들은 비록 명시적으로 선언하고 있지는 않으나, 내용상 많은 부분을 美國에서의 논의에 의지하고 있다. 종래 칵테일 98 判決이나 인터넷제국 判決, 나아가 소리바다 1심판결들이 미국 판례법상의 寄與責任이나 代位責任의 법리를 충실하게 도입하고 있고, 최근 소리바다 형사항소심은 미연방대법원의 Sony 판결에서 제시된 Sony 원칙을 암묵적인 판단기준으로 채택하고 있다. 마찬가지로 향후 우리 대법원이 소리바다 사건을 해결함에 있어 미 연방대법원이 2005. 6. 27. 내린 그록스터(Grokster) 판결을 상당히 참고할 것으로 예상된다. 하지만 그록스터 판결은 미 특허법상 특유한 소위“誘發理論”을 그록스터의 특수한 사실관계에 응용한 것에 불과하므로, 위와 같은 참고에는 분명한 한계가 있는 것이다.

A company is liable for its products and has the responsibility to make good on any loss or damage incurred by the user of its product. The purpose of the Product Liability Act(PLA) is to protect consumers against damage caused by defective products, and contribute to the safety of the citizen's life and the sound development of the national economy by regulating the liability of manufacturers, etc. for damages caused by the defectiveness of their products. In this study, the cognition levels of consumers and producers for PLA were surveyed. The cognition levels of four factors of acknowledgement, comprehension, necessity and impact for PLA were assessed. The results were as follows : i) Acknowledgement and comprehension levels of consumer were assessed low but they assessed necessity and impact of PLA high; ii) Producers assessed necessity and impact of PLA higher than their acknowledgement and comprehension levels; iii) Overall cognition levels of producers were higher than those of consumers.

What is the most important in articles of food is hygienic safety. Because food Is the most common thing in our everyday life, however, the importance of its hygienic safety and other many problems caused by food may be easily neglected. What is more, food is can be dangerous as much as it is directly related to human life and accidents from the same cause may have different effects on the victims according to physical and environmental differences of individuals. Thus PL action for food requires more thorough prevention and measure. Korea has been enforcing 'the Product Liability Act' since the 1<SUP>1st</SUP> of July 2002. Product Liability (PL) is liability of the manufacturer or the seller of a product to compensate for the death or injury of consumers or the loss of properties caused by the defect of the product. This study surveyed consumers' response to and the effects of the enforcement of the Product Liability Act, investigated how consumers perceived the importance of food safety and the risk of defective food based on PL standards and their experience in damage by food through a questionnaire survey, and analyzed collected data through empirical analyses (reliability analysis, factorial analysis, regression analysis and ANOVA t-test) using SPSS 10.0. Based on the results of analysis, the researcher proposed strategies for coping with the Product Liability Act in the food industry

Product liability is the law of the manufacturer's responsibilities for the consumers' personal injuries or the losses of property resulted from defective products. In today's many countries, the product liability law are being enacted because of the safety of product use and the protection of consumer's right. In korea, the product liability is going to enforce on July 1, 2002. Though the construction of product liability response system is urgent situation, domestic manufacture company's PL response system is not nearly prepared in present. Consequently, the purpose of this study is to discuss the Quality Management's importance and the PL countermeasures by presenting the difference of PL response system construction degree by the Quality Management Maturity degree

The articles of food is very important things to human. Since PL Law came into effect in July of the last year(2002) in Korea, many domestic firms have taken great interests in PL. And the purpose of PL Law is to provide a means for those injured by defective products to receive redress. Additionally, enterprises get to place more importance on the safety of the products, which led to improvement in competitiveness and enhancement in quality. Consequently customers can get better products. So, it aims not only to compensate the injured by defective products but also to act an incentive to maker/supliers of food to make their products more safe. Therefore, this study was aiming to analyze the expected risks to articles of food after the enforcement of PL Law, and to establish a defending plan.an.

In this research, we investigate the countermeasure of Product Liability through existing research or books for reference about PL and ISO 9001：2000 quality management system. And we analyze relation between PL system and ISO 9001：2000 Quality Management

A law of Korean product liability was enforced on 1st in July for 2002 years. Although it is later than the United States in 25 years, and more later than Japan in 7 years, it have been welcomed a new chances promoting the preservation of consumer"s safety and increasing business compactability toward the small and medium size enterprises. Up to now, The a large enterprise, which have concentrated in export of an advanced country, have already the resistant power against the law of Korean product liability, but the Korean medium and small-sized enterprises were concentrated mainly a domestic market or subcontracting business of a major big company. Relatively very week positions on this Low. If They cannot supply the most safest product in the market, then Those enterprise are confronting the difficulty for surviving. Now the product safety has become more important role to the small and medium size company. Therefore, this paper offered the object and the direction how the company must carry out measures on this product design stage applying safe engineering and Ergonomic Technology for the achieving ongoing development and progress of small ann medium size industry in Korea.

In this research, we investigate the countermeasure of Product Liability through existing research or books for reference about PL and ISO 9000:2000 quality management system. And we analyze relation between PL system and ISO 9000:2000 Quality Management System after compare ISO 9000:2000 and ISO 9000:1994. base on this analysis, we integrate the Quality Management System of company and an important factor of PL system in accordance with the product liability law. So we present a general improvable scheme of ISO 9000:2000 quality management system that reduces overlap of quality business and utilize efficiently.

The Public preservation measure is a Kind of legal sanctions other than criminal punishments, which is to be imposed on a person who should be protected, because of his (her) future risk on the ground of his(her) behaviors open to the public, for the main purpose of giving medical treatment or educating or reinstating. Therefore in the view of a possibility of risk according to the responsibility, generally a criminal punishment has been understood as a treasure of peace preservation. That is to say that a criminal punishment is a retributive justice to a crime based on the responsibility, on the other hand the public preservation measure is a legal sanction for the social protection as well as his(her) correction and education related with social danger. A sharp line between the two legal viewpoints mentioned has been drawn. Accordingly as mentioned above judging from this point of view of distinction between a criminal punishment and the public preservation measure, the responsibility system is to be linked with a criminal punishment, but is not to be linked with the public preservation measure. For all that recently a view that the public preservation measure is able to be imposed even to the matter of responsibility has been on the rise. So the purpose of this study consists in the matter of the theory that the enforcement of preservation measure even to the responsibility is possible or not. In other words, it's a question that whether the responsibility system and the public preservation measure can be linked, if possible, how is it coming along with each other and if not possible, for what reason is it? On such problems a study has been pursued from the point of view of the criminal policy.

The modern society is changed into mass production, complicated circulation society and mass consuming society because of the development of the fast science technology since the occurrence of the industrial revolution. Also, the human life style is changed into the abundant consumption society because of the appearance of the various products. The society change like the above provide comfortable life to us. but We are facing with danger for the bad food, illegal medicines and bad products. So, To solve the danger like the above, The Product Reliability Law be made. The both The enterprise and consumer need The Product Reliability Law to protect one's own interest. The consumer is claiming to use the product of safety of the resonable price and good quality in modern society, So, 1 studied on countermeasures of domestic enterprise to increase the competitive power of the enterprise according to Product Reliability Law

Since the introduction of product liability law from America in 1960s, product liability has been on the rise as an important problem to the quality management of company and consumer's safety. Together with this, before the legislation of product liability system in Korea, the sense and level of company and consumer about product safety are rapidly changing, In times like the present, ensuring more systematic product safety and consumer safety, and the buildup need of competitive power in accordance with product liability prevention of company grows raising. Therefore, this study presents the most effectively manageable ways of product liability the side of safety management of consumers and companies through the ensuring ways and activity models of product safety and certification system in company.

Subsequently in Korea product liability has been introduced. The position of consumers for defective products have been disadvantageous. Defective products should be broght under the law. Then, while consumers would be largely protected, a producer would take the heavy responsibility by law, Therefore, a producer would not be able to take countermeasures for product liability. Object of this paper to investigate and analyze the actual state of management for product liability in advanced countries, and to join it with our quality management system.

Product Liability(P.L) is designed for system which charge with a compensation for demages that has nothing to do with whether manufacturer make a mistake or not in that case suffer heavy losses anyone of body or property by defect of product. Now and then, most people interest of safety of product and main countries already carry out Product Liability. This paper analyzes newly studied cases by defects, products, countries in Korea and some developed countries (USA and Japan mainly) in order to prepare for Product Liability, which will be enforced on July 1, 2002 in Korea. Before P.L. began to enforce, many cases have happened and resulted in sues. Therfore, each country have revised the current P.L. after many trials and errors. From this respect, the cases of other countries and Korea will be compared and analyzed.

Beginning from July. 2000, the product liability of Korea is designed for reduction of customer loss by defective products. Therefore, most of company are supposed to be ready for taking care of safety and quality of products. ISO9001：2000 quality management system reform to emphasize continual improvement of the process with customer satisfaction. First of all, this paper start with introduction motive of the product liability and examine distinctive mark of the ISO9001：2000 quality management system. We consider the correlation between ISO9001：2000 quality management system and product liability and would like to propose product liability prevention by ISO9001：2000 quality management system with classification a defect style of product, the management guide and the law case.

본 논문은 우리나라에서도 2002년 7월1일 시행하게될 제조물책임법(PL)에 대비해 최근 우리나라 및 선진국인 미국, 일본을 중심으로 조사된 최근 사례를 결함별, 제품별, 국가별로 유형화하여 분석한다. PL법이 시행되기 전 많은 사례들이 발생하여 소송으로 제기되었고, 각 나라는 많은 시행착오를 거쳐 지금의 제조물책임(PL)을 수정, 보완되고 있는데 이러한 측면에서 외국의 사례와 우리나라의 사례를 비교, 유형화시켜 분석하고자 한다.

2002년 7월부터 시행될 한국의 제조물책임법은 제조물의 결함으로 인한 소비자의 피해구제가 목적으로 이에 따라 기업으로서는 제품의 품질과 안전에 대한 부담은 더욱 증가하게 되었다. ISO9001:2000 품질경영시스템의 요구사항은 고객만족 지향에 대한 프로세스의 지속적인 개선을 강조하여 개정되었고, 고객의 요구는 제품의 안전을 더욱 중요시하는 추세로서 이러한 대응방안을 ISO9001:2000 품질경영시스템의 요구사항에서 고찰·제시하고자 한다. ISO9001:2000 품질경영시스템은 경영에 대한 프로세스 접근방식의 도입으로 프로세스의 입력사항으로 고객이 중요한 역할을 하며, 고객의 요구사항이 충족되었는지를 검토하며, 지속적인 고객만족을 위해 프로세스를 관리한다. 본 연구에서는 먼저 제조물책임법의 도입배경과 Is09001:2000 품질경영시스템의 특징을 고찰한다. 그리고, ISO9001:2000 품질경영시스템과 PL과의 관련성을 제고하여 제조물의 결함 유형별, 경영관리지침 항목, 소송상의 항목으로 분류하여 제조물책임 대응방안으로 ISO 9001:2000 품질경영시스템을 제시하고자 한다.