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Kor J Aesthet Cosmetol 2009;7(4): 451-464. |
| 미용기기와 제조물책임에 관한 연구 |
| 이한웅, 이유미 |
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| A Study on the Cosmetology Devices and Product Liability
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| Han-Woong), Lee, You-Mi Lee |
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| ABSTRACT |
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Human beings changed the course of history by becoming Homo faber, which means “Man the Maker” from Homo sapiens, which means “Man the Smith.” Since then, human beings made a huge progressin material civilization. Nowadays, the products produced by the manufacturers became the inevitable necessities of life that we cannot live without. However, the tools, which are the convenience of civilization, sometimes become the weapon of civilization. Although the cosmetology devices that are largely contributing to the development of cosmetology business require extra attention to their safety due to their special characteristic of being applied directly to the human bodies, no study has been done on there covery from the harm caused by defective products. Furthermore, unfortunately there has not been an academic definition for the cosmetology devices. This study is trying to find and suggest the principle of recovery concerning the liability of commercial seller or distributor for harm caused by defective cosmetology devices based on the Product Liability Act that has been enforced since July 1st, 2002. The products that are targeted by the Product Liability Act mean the tangible, personal properties that were distributed commercially for use and consumption. Ones who are engaged in thebusiness of selling or distributing the products are subject to liability for harm to persons or property caused by the defect. A product is defective when, at the time of sale or distribution, it contains a manufacturing defect, is defective in design, or is defective because of inadequate instructions or warnings. The victims should be able to prove the defect of the product and casual connection between product defect and harm.
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| Key words:
Cosmetology devices, Productliability, Medicaldevices, Defective cosmetology devices, The public health control act
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