All
| TITLE | [Compensation for Damages (Gi)][Gong2008Sang, 444] Supreme Court Decision 2007Da52287 Delivered on February 28, 2008 [full Text] |
|---|---|
| Summary | |
| [1] The criteria for determining whether or not a product has a design defect in a product liability and the matters to be specially considered in determining the design defect of medication [2] The case holding that it is difficult to view that the cold medication ""Contac 600,"" which is an over-the-counter medication containing Phenylpropanolamine (a synthetic sympathomimetic amine), has a design defect that gives rise to tort liability to consumers [3] The elements of product liability due to such defect in inadequate warnings and the test for determining whether a product is defective in inadequate warnings [4] The case holding that a cold medication ""Contac 600,"" which is an over-the-counter medication containing Phenylprophanolamine (a synthetic sympathomimetic amine), is not defective in inadequate warnings [5] The case holding that it cannot be viewed that the printing on the paper packaging for the cold medication for ""Contac 600,"" an over-the-counter medication containing Phenylprophanolamine (a synthetic sympathomimetic amine), contained a warranty of no harm during a consumer’s normal usage of Contac 600 and to bear strict liability when an injury occurs [6] Whether it can be permissible to merely invoke the contents of preparatory briefs where appellate briefs did not state a specified ground for appeal as to the facts that the court below violated the law (negative) [7] In light of the general surrounding circumstances, in a case where a person who died from taking the cold medication ""Contac 600,"" an over-the-counter medication containing Phenylprophanolamine (a synthetic sympathomimetic amine), the case holding that the State's compensatory liability cannot be established on the ground that it cannot be viewed that officials and others of the Korea Food Administration failed to take any action in order to avoid the risk in the taking of the above medical production | |
