SOUTH KOREA Law and Practice Contributed by: Sung Jin Kim, Jay J. Kim, Chunsoo Lee and Joe Kim, Kim & Chang
2.2 Standing to Bring Product Liability Claims An injured party is not restrictively defined in the PLA. In addition to consumers, any person or company that purchased a product for business purposes (including resale or use as a business equipment) can bring a product liability claim as an injured party. Even persons or companies that did not use the defective product can bring a claim for product liability if they sustained dam - ages. 2.3 Time Limits for Product Liability Claims Under the PLA, the period during which a claim for damages can be brought is three years from the date the claimant becomes aware of the damage. This is the same as the Civil Code, which provides that the statute of limitations for tort-based damage claims is three years. The right to claim damages under the PLA must be exercised within ten years from the date on which the manufacturer supplied the product that caused the damage. However, if the dam - age is caused by substances accumulated in the body or by symptoms that appear after a certain latent period, the limitation period starts running when the injury occurs. Aside from this excep - tion, the widely accepted view is that the statute of limitations for product liability claims is ten years from the date the product was supplied. 2.4 Jurisdictional Requirements for Product Liability Claims Product liability cases are brought before the District Courts with competent jurisdiction, which is generally based on the defendant’s location or the location where the alleged tor - tious act occurred.
injured party for damages arising from product liability, they may seek to recover losses from the original manufacturer. If two or more persons are liable for the same damages, they are deemed to be jointly and severally liable. Under the PLA, the claimant must prove: • a defect in the product (manufacturing defect, design defect, or labelling defect); • death, bodily injury or property damage; and • a causal relationship between the defect and the damage. However, it is legally presumed under the PLA that a product was defective at the time it was supplied and that the defect caused the dam - age, if a claimant can prove that: • the damage was sustained while the product was used normally as intended; • the cause of the damage was within the prac - tical control of the manufacturer; and • the damage would not normally occur without a defect in the product. Civil Code Product liability claims may also be brought by causes of action arising under the Civil Code, such as breach of contract or tort. Unlike the PLA, under the Civil Code, the plaintiffs may seek compensation for the losses incurred from damage to the product itself. The PLA is “spe- cial law” addressing collateral damages arising from a product defect, and it takes precedence over the Civil Code on such matters. However, for any issue not covered within the scope of the PLA, the Civil Code applies.
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