自動車 缺陷으로 因한 民事責任에 關한 硏究 = (The) rescaarch about civil liability due to automobile defect

다국어 초록 (Multilingual Abstract)

An automobile has been the means and the essential implement of the life that cannot be dispensed with in modern social life. Since automobile life is universalized, the damage due to an automobile actually grows everyday.
Most of traffic accidents occur by drivers' fault, but accidents are frequently caused by automobiles' own defects and this kind of accident is related directly to a big accident. Even if it may not be connected to an accident, it brings property loss and mental suffering together because an automobile has some defect.
Recently, the consumers' complaints are increasing regarding the damage due to automobile defect, and the problems about compensation for damage are discussed. Because the consumers' senses are changed and also the damage dud to the defects of the automobile with mass-produced occurs continuously.
However, it is not easy to receive a satisfactory relief for the damage. Because A/S system of automobile tax investigation is not sufficient, the protection senses of consumers are weak and many things are loose in the law and the system. Consequently, in case that the damage due to automobile's own defect occurs or the damage due to an accident occurs, how to be paid for damages easily, to prevent the damage, and to supplement the systematic devices are required.
First, when the damage due to automobile defect occurs, it is required to enact quickly the Product Liability Act as the division law of a tort that does not ask the intention and the fault of the producer and imposes strict liability if the defect on an automobile system is proved.
Second, when many and unspecified persons are damaged due to automobile defect, it is to introduce a collective suit system which a group representative institutes a suit, can be paid for damages collectively and is an more efficient relief system for consumers' damage.
Third, the recall provision on the current automobile management law prescribes that when a manufacturer decides that an automobile has production defect, it notifies to an automobile owner a defect correction plan including defect content, influence and caution item on automobile in case of not correcting the defect, terms, places and responsible department to be corrected the defect, or gives a public notice in more than three daily newspapers with head office location in Seoul and being distributed nation-wide, and then takes the correction steps, within thirty days. Since the above provision has a blind point that an automobile manufacturer uses an individual notice method, instead of public notice method in the press between an individual notice and the public notice methods avoids the openness of problems, and therefore recall may be performed by a closed negative method, the plan that all recall by public notice in the press is done should be devised until our automobile recall system is activated.
Fourth, since the standard of a performance test is very different from the advanced countries of automobile industry in the aspect of safety, a systematic measure should be taken to strengthen the standard of a performance test suitable to the standard of the advanced countries of automobile industry. Also it can reduce the damage due to an traffic accident and encourage the competition in a world automobile market in the long term.

목차 (Table of Contents)

• 목차
• I. 序論 = 1
• 1. 硏究의 目的 = 1
• 2. 硏究의 方法과 範圍 = 3
• II. 自動車 缺陷으로 因한 被害와 事故處理 = 3
• 1. 自動車로 因한 被害와 類型 = 3
• 2. 自動車 整備不良事故 處理 = 5
• 3. 自賠法上 規定 = 9
• 4. 自動車의 缺陷으로 因한 被害 救濟 實態 = 12
• 가. 序說 = 17
• 나. 리콜 制度 = 17
• (1) 리콜의 槪念 = 17
• (2) 自動車 리콜의 根據 規定 = 18
• (3) 리콜의 類型 = 21
• (4) 우리 나라의 리콜 現況 = 22
• III. 自動車의 缺陷과 製造物責任 = 26
• 1. 製造物責任 一般論 = 26
• 가. 製造物責任의 意義 = 26
• 나. 製造物責任의 要件 = 28
• (1) 損害의 發生 = 28
• (2) 缺陷 = 29
• (가) 缺陷의 槪念 = 29
• (나) 缺陷의 類型 = 31
• 1) 製造上의 缺陷 = 31
• 2) 設計上의 缺陷 = 33
• 3) 警告標示上의 缺陷 = 34
• (3) 因果關係의 立證 = 35
• 다. 缺陷自動車의 製造物責任 範圍와 對象 = 37
• (1) 製造物의 槪念 = 37
• (가) 製造物의 槪念 = 37
• (2) 製造物責任 對象 = 38
• (가) 自動車 製造業者 = 38
• (나) 發賣元 = 40
• (다) 被傭者 = 40
• (라) 輸入業者 = 41
• 2. 自動車 缺陷과 우리 나라 製造物責任 法理 = 42
• 가. 製造物責任 法理 構成 = 42
• 나. 契約法的 構成 法理 = 44
• (1) 瑕疵擔保責任說 = 45
• (2) 債務不履行責任論 = 47
• 다. 不法行爲責任論 = 51
• (1) 一般不法行爲論 = 52
• (가) 過失責任主義 = 52
• (나) 一般不法行爲의 成立要素 = 53
• 1) 故意, 過失 = 53
• 2) 損害의 發生 = 55
• 3) 違法性 = 55
• 4) 因果關係 = 56
• (다) 損害賠償의 範圍 = 56
• (라) 損害賠償의 方法과 基準 = 57
• (마) 損害賠償請求權의 消滅時效 = 58
• (2) 特殊不法行爲論(無過失責任) = 58
• IV. 自動車缺陷 被害에 대한 救濟 對策 = 62
• 1. 製造物責任法의 立法 = 62
• 2. 自動車管理法上의 對策 = 66
• 가. 리콜制度의 活性化와 改善對策 = 66
• 나. 性能試驗檢査 基準과 그 對策 = 68
• 3. 集團訴訟制度의 導入 = 72
• V. 結論 = 74
• 參考文獻 = 76
• ABSTACT = 79