일본 소비자제품안전법제에 관한 고찰 (A Study on the Consumer Product Safety Legislation in Japan)

서지정보

· 발행기관 : 충북대학교 법학연구소
· 수록지 정보 : 법학연구 / 28권 / 1호 / 493 ~ 537페이지
· 저자명 : 김재영

초록

The consumers these days are leading their lives by using diverse products. The use of such products is convenient but causing numerous risks to safety of consumers. Therefore, major countries including Korea are preparing the legal system to secure safety of consumers. Especially, it has an important means that Japan is reviewing the Consumer Product Safety Act, and developing the implication as it has the similar legal system with Korea.
Japan is forming a frame of the product safety management system through so called 4 acts on product safety;“Consumer Product Safety Act”, “Electrical Appliances and Materials Safety Act”, “Gas Business Act”, “Act on the Securing of Safety and the Optimization of Transaction of Liquefied Petroleum Gas” as the Ministry of Economy, Trade and Industry as a center. Additionally, the establishment of the Consumer Affairs Agency, and the legislation and enforcement of the acts such as “Product Liability Act” and “Consumer Safety Act” made the big frames of the general product safety management and securement, responsibilities of manufacturer, and consumer safety.
This study reviewed the history of legal system on consumer product safety in Japan and major contents of each act, and suggested implication developed accordingly. The legal system on product safety in Japan has a characteristic that prepares the nation-wide system by preparing the system to control safety in advance and secure safety afterwards by focusing on consumers, and regulating obligations of each nation, business and consumer based on strengthening recognition in general. As implications are drawn through such Japanese legal system, in the aspect of consumers, it is necessary to review the adaptation of safety inspection system on long-term use products, improve certified marks convenient for information recognition, and review the legislation of the fundamental law on consumer safety called as the Consumer Safety Act that are operating in Japan.

영어초록

The consumers these days are leading their lives by using diverse products. The use of such products is convenient but causing numerous risks to safety of consumers. Therefore, major countries including Korea are preparing the legal system to secure safety of consumers. Especially, it has an important means that Japan is reviewing the Consumer Product Safety Act, and developing the implication as it has the similar legal system with Korea.
Japan is forming a frame of the product safety management system through so called 4 acts on product safety;“Consumer Product Safety Act”, “Electrical Appliances and Materials Safety Act”, “Gas Business Act”, “Act on the Securing of Safety and the Optimization of Transaction of Liquefied Petroleum Gas” as the Ministry of Economy, Trade and Industry as a center. Additionally, the establishment of the Consumer Affairs Agency, and the legislation and enforcement of the acts such as “Product Liability Act” and “Consumer Safety Act” made the big frames of the general product safety management and securement, responsibilities of manufacturer, and consumer safety.
This study reviewed the history of legal system on consumer product safety in Japan and major contents of each act, and suggested implication developed accordingly. The legal system on product safety in Japan has a characteristic that prepares the nation-wide system by preparing the system to control safety in advance and secure safety afterwards by focusing on consumers, and regulating obligations of each nation, business and consumer based on strengthening recognition in general. As implications are drawn through such Japanese legal system, in the aspect of consumers, it is necessary to review the adaptation of safety inspection system on long-term use products, improve certified marks convenient for information recognition, and review the legislation of the fundamental law on consumer safety called as the Consumer Safety Act that are operating in Japan.

참고자료

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