개정 제조물책임법의 주요내용과 제조물책임보험에 대한 고찰

• 발행기관: 한국보험법학회
• 저자명: 황현영
• 간행물 정보: 『한국보험법학회 학술발표회 논문집』2018년 춘계학술대회 발표집, 15~37쪽, 전체 23쪽
• 주제분류: 법학 > 민법
• 파일형태: PDF
• 발행일자: 2018.05.04

목차

Ⅰ. 제조물책임법의 개정 과정 ············································································· 18

Ⅱ. 개정 제조물책임법의 주요내용 ····································································· 20

1. 개정 주요내용 1 - 징벌적 손해배상제 도입 ··········································· 21

2. 개정 주요내용 2 - 피해자의 입증책임 완화 ··········································· 22

3. 개정 주요내용 3 - 공급업자의 책임 강화 ··············································· 23

4. 미개정 주요내용 ·························································································· 24

Ⅲ. 판례를 통해 살펴본 개정법의 문제점 ·························································· 25

1. 제조물액임법 판례 분석 ············································································· 25

2. 제조물책임법 원용 판례(2012.9~2016.9) ·················································· 26

3. 개정법의 주요내용과 판례분석 ·································································· 30

Ⅳ. 개정 제조물책임법과 제조물책임보험 ·························································· 33

1. 판례분석을 통해 살펴본 개정 제조물책임법의 과제 ······························ 33

2. 현재 제조물배상책임(PL) 보험 현황 ························································ 34

3. 제조물책임보험의 의무화 ··········································································· 34

4. 제조물책임보험 의무화에 대한 사례 ························································ 35

5. 제조물책임보험 의무화에 대한 검토 ························································ 36

6. 제조물책임보험 의무화에 대한 제언 ························································ 37