우리나라와 미국의 해사제조물책임에 관한 국제사법적 고찰

A Study on the International Private Law for the Maritime Product Liability between ROK and USA

&nbsp;&nbsp;The development of science and technology, and of transportation and communication enabled mass production of new products and the extensive distribution and transaction, while it caused various damages and several problems about product liability due to the occurrence of defect products in the process of being supplied to the public through the complicated economic organization. In general, what the product liability means, is that the party who was involved in a series of process such as production, distribution and sale of products, assumes the liability for indemnifying the end consumer or user, or the third party for damages being occurred by the infringement of life, the body, assets and other rights caused by a defect of goods.<BR>&nbsp;&nbsp;In modern industrial society, the matter of global product liability, specially maritime product liability, became an important international concern, as products are being internationally distributed and as even an individual&quot;s living space is getting broader beyond the border, as well as the matter of product liability is getting further increased due to mass production and mass consumption. However, it is thought that the realization of international unified law can&quot;t be expected in the near future because the product liability laws of globally several countries have close relation to traditional legal theories and policies such as a consumer protection and industrial promotion from many countries.<BR>&nbsp;&nbsp;Accordingly, this study performed comparative examination in theories, precedents and legislations of America and our country, because of seeing that particularly the comparative consideration based on substantive laws from two countries will be very useful, in relation to a case of international maritime product liability. Also, it is examining the whole details as to international product liability based on conflict of laws from two countries. In other words, it deals with the matter of the jurisdiction of judgment for international maritime product liability, carries out comparative consideration of cases from America and our country as to the choice of governing law.