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@article{ART002324038},
author={Hyojin Youn},
title={The Study on the Burden of Proof and the Liability for Damage Compensation on Sudden Unintended Acceleration of Automobile},
journal={DONG-A LAW REVIEW},
issn={1225-3405},
year={2018},
number={78},
pages={209-241},
doi={10.31839/DALR.2018.02.78.209}

TY - JOUR
AU - Hyojin Youn
TI - The Study on the Burden of Proof and the Liability for Damage Compensation on Sudden Unintended Acceleration of Automobile
JO - DONG-A LAW REVIEW
PY - 2018
VL - null
IS - 78
PB - The Institute for Legal Studies Dong-A University
SP - 209
EP - 241
SN - 1225-3405
AB - “Product Liability Law” takes a different position from the illegal conducting responsibility under the “Civil Code” by stipulating the liability for damages due to defects of manufactured goods as unrelictable liability, but the responsibility for proving the “defect” And compensation for damages, there were many problems in product liability lawsuits such as a sudden acceleration estimate accident of a car not having any special provision. Through this legislation, adding “estimate of defect” through the introduction of a punitive damages compensation system under the Product Liability Law and relaxing the proving responsibility has long worked on solving the problem, but there are still remaining problems. In principle, the proof of “defect of automobile” which causes a Sudden Unintended Acceleration(SUA) is on the plaintiffs side, and in order to solve substantial inequality due to the uneven distribution of evidence, this is proved through transformation, alleviation and alleviation of proving responsibility, If you are asked for liability for damages due to the accreditation of the defect by estimation without investigating the substantive truth, it can be difficult to convince virtually in the position of the defendant who is responsible. Also, in this situation, many defendants are in a situation of joint and multiple responsibility. In order to overcome these limitations, the introduction of the evidence disclosure system prior to the filing of an action under the civil procedure, the environment where the plaintiffs side and the defendant can engage in battle under equal circumstances in the evidence We would like to propose introduction of a proportional liability system that can not induce participation and can induce voluntary and proactive participation of defendants' side who is more passive.
KW - Sudden Unintended Acceleration(SUA);Product Liability Law;Burden of Proof;Discovery System;Proportionate Liability
DO - 10.31839/DALR.2018.02.78.209
ER -

Hyojin Youn. (2018). The Study on the Burden of Proof and the Liability for Damage Compensation on Sudden Unintended Acceleration of Automobile. DONG-A LAW REVIEW, 78, 209-241.

Hyojin Youn. 2018, "The Study on the Burden of Proof and the Liability for Damage Compensation on Sudden Unintended Acceleration of Automobile", DONG-A LAW REVIEW, no.78, pp.209-241. Available from: doi:10.31839/DALR.2018.02.78.209

Hyojin Youn "The Study on the Burden of Proof and the Liability for Damage Compensation on Sudden Unintended Acceleration of Automobile" DONG-A LAW REVIEW 78 pp.209-241 (2018) : 209.

Hyojin Youn. The Study on the Burden of Proof and the Liability for Damage Compensation on Sudden Unintended Acceleration of Automobile. 2018; 78 : 209-241. Available from: doi:10.31839/DALR.2018.02.78.209

Hyojin Youn. "The Study on the Burden of Proof and the Liability for Damage Compensation on Sudden Unintended Acceleration of Automobile" DONG-A LAW REVIEW no.78(2018) : 209-241.doi: 10.31839/DALR.2018.02.78.209

Hyojin Youn. The Study on the Burden of Proof and the Liability for Damage Compensation on Sudden Unintended Acceleration of Automobile. DONG-A LAW REVIEW, 78, 209-241. doi: 10.31839/DALR.2018.02.78.209

Hyojin Youn. The Study on the Burden of Proof and the Liability for Damage Compensation on Sudden Unintended Acceleration of Automobile. DONG-A LAW REVIEW. 2018; 78 209-241. doi: 10.31839/DALR.2018.02.78.209

Hyojin Youn. The Study on the Burden of Proof and the Liability for Damage Compensation on Sudden Unintended Acceleration of Automobile. 2018; 78 : 209-241. Available from: doi:10.31839/DALR.2018.02.78.209

Hyojin Youn. "The Study on the Burden of Proof and the Liability for Damage Compensation on Sudden Unintended Acceleration of Automobile" DONG-A LAW REVIEW no.78(2018) : 209-241.doi: 10.31839/DALR.2018.02.78.209