Overview

In July 2010, 16 opposition party members of the National Assembly proposed a bill to amend the Product Liability Act to shift the burden of proof to the manufacturer in product liability litigations. The proposed amendment would place the burden on the manufacturer to prove there was no defect in the product at suit, or that there was negligence by the consumer in using the product. This is a stark contrast with the current system, under which the consumer must submit evidence to support a defect in the manufacturing process.

The subject bill has been assigned to the National Policy Committee for review once the National Assembly's regular session begins this September.

To read Kim & Chang’s review of this legislative proposal, click View Briefing.