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Measures for claiming damages under the Product Liability Act for Mobile Phones

  • DONG-A LAW REVIEW
  • 2020, (88), pp.57-80
  • DOI : 10.31839/DALR.2020.8.88.57
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law
  • Received : June 24, 2020
  • Accepted : August 11, 2020
  • Published : August 31, 2020

Park, Bong-Cheol 1

1닥터박법률사무소

Accredited

ABSTRACT

This article introduces the case of industrial accidents related to mobile phone electromagnetic waves by the Korea Labor Welfare Corporation in 2019. The current product liability law was applied to examine the issues to be tackled in claims for damages related to electromagnetic waves in mobile phones, and to consider specific measures. If a mobile phone manufacturer does not pay attention to the design of a product and absorbs more electromagnetic waves than necessary, it is a design defect. Also, it is a defect in the display if consumers are exposed to the risk of brain tumors by using mobile phones for a long time without proper warnings about electromagnetic waves in mobile phones. Under the product liability law, the victim assumes the burden of proof of relief in accordance with the statutory provisions of the existence and causality of defects. It is necessary to review the punitive damages under the Product Liability Act because terminal manufacturers and mobile communication companies are aware of the risks of a product called a mobile phone electromagnetic waves and are not taking any action or at least have serious errors in not knowing it.

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