유럽헌법학회

That adopt a law-governed country, such as Germany or Korea, as the basic principles of the constitution, shall control the safety of such products before they are marketed in order to implement product safety tasks. Most developed countries have introduced the safety certification system, safety confirmation system, Suppliers conformity confirmation, and compliance with safety standards to sell safe products before market launch. Germany also introduced a safety certification system for products that meet safety standards in order to realize safety in the design and manufacturing stages, so that CE mark corresponding to safety certification labels can be attached to products that meet safety standards. However, the CE mark, a safety mark of Germany or the European Union, means that the design and manufacturing process system of the product meets the safety standards, but that the product with the CE mark does not guarantee absolutely safety. Therefore, the duty of safety management is given to operators to manage their own products with CE mark on the market. As such, Act on making products available on the market(Product Safety Act) establishes legislation that prevents risks for products that are already in the market and are in circulation for the sake of product safety. Germany's Act on making products available on the market (Product Safety Act) Article 6, paragraph 3, grants obligations to manufacturers and importers after the release of consumer products into the market. However, the obligations granted to companies are required after the act of economic entities has been transferred. Article 6, Paragraph 2 of Act on making products available on the market (Product Safety Act) grants manufacturers and importers the obligation to observe products after they have been released (II). According to Article 6, paragraph 3, Subparagraph 1 of this Act, manufacturers must conduct a sampling survey of the degree of risk of already distributed consumer products (III). Article 6, paragraph 3, Subparagraph 2 provides the manufacturer with the obligation to create and manage a list of complaints as necessary by examining complaints raised by consumers in relation to the safety of products (IV). Article 6, paragraph 3, Subparagraph 3 provides the manufacturer and importer of products with an obligation to notify distributors of measures regarding consumer products. The range and method of the measures of the manufacturer and the importer are determined based on the results of the consumer's complaint reception survey and the sample survey (V). According to Article 6, paragraph 4, manufacturers and importers of products and their agents are obliged to report to the competent supervisory agency the matters concerning the safety of consumer products sold or sold (VI). The reporting obligation of the competent supervisory agency pursuant to Article 6, paragraph 5, Item 2 applies not only to manufacturers but also to distributors. Article 6, Paragraph 5 provides for the special obligations of distributors in relation to market distribution of products. The law provides for distributors to comply with the current General Product Safety Directive(GPSD), 2001/95/ EC Article 5, paragraphs 2 and 3. In response, distributors should ensure that only safe consumer products are available on the market(Ⅶ). Korea currently has a number of laws on product safety, such as FRAMEWORK ACT ON CONSUMERS, FRAMEWORK ACT ON THE SAFETY OF PRODUCTS, ELECTRICAL APPLIANCES AND CONSUMER PRODUCTS SAFETY CONTROL ACT, MEDICAL DEVICES ACT, SPECIAL ACT ON THE SAFETY OF PRODUCTS FOR CHILDREN. Based on the above laws the company strictly manages product safety before the market launch by passing safety certification tests and allowing sales after conducting factory inspections. On the other hand, Germany does not manage the entire process of product launch more strictly than Korea as it adopts the supplier suitability declaration system, under which suppliers are given CE mark if they are deemed suitable by testing themselves. As a result, Germany has a relatively high chance of distributing defective products to the market. Germany's Act on making products available on the market (Product Safety Act) provides manufacturers and importers with the obligation to observe, investigate samples, record consumer complaints and report product risk to the competent supervisory agency to solve these problems. It is true that the safety management of Korean products after they are put on the market is more insufficient than the Act on making products available on the market (Product Safety Act). However, if the risk of a product becomes known, the duty to report to the competent administrative body has been introduced as Article 13-2, Paragraph 1 of the FRAMEWORK ACT ON THE SAFETY OF PRODUCTS of Korea. However, FRAMEWORK ACT ON THE SAFETY OF PRODUCTS on Product Safety requires reporting only when the consumer is aware of serious accidents such as death, injury, fire or explosion. The difference between Korea and Germany is that if an accident does not occur, the manufacturer or importer is not obliged to report it to the competent authority even if the manufacturer or importer knows the risk of the product. If a person is aware of the danger of a product, it is necessary to introduce the Act on making products available on the market (Product Safety Act) to grant a report to a competent central administrative organ even if there is no accident resulting from the product. By knowing the danger of a product within the range of the occupational recognition ability of a distributor including manufacturers and importers of the product and by assigning the responsibility to report it to the head of a competent central administrative organ when necessary, an accident can be prevented. In addition, the manufacturer or importer can, in fact, be the first to know the risk of the product from the consumer. Product risks can be prevented by thorough management of complaints related to consumer safety, which can be recalled when necessary or necessary actions taken on the product. Therefore, the obligation to manage consumer complaint records introduced by the Act on making products available on the market (Product Safety Act) in Germany also needs to be considered in Korea's FRAMEWORK ACT ON THE SAFETY OF PRODUCTS.