SEOUL, July 15 (AJU PRESS) - A bill has been proposed to relieve customers of the burden of proof in cases involving faulty or defective products featuring latest technologies. The proposal mooted by Jung Jun-ho, a lawmaker from the main opposition Democratic Party on Sunday, comes after a fatal car crash allegedly caused by sudden unexpected acceleration (SUA).
Currently, Korean law requires plaintiffs who claim to have been damaged by a defective product to carry the burden of proof. If the plaintiff can prove the product was faulty, the court would presume that the damage was caused by the defect.
A fatal accident occurred in central Seoul early this month when a car driven by a 69-year-old driver plowed through a crowd of pedestrians waiting for a signal. The accident claimed the lives of nine people and injured seven. The driver claims the accident was caused by SUA, which involves the uncontrolled acceleration of a vehicle, typically due to electrical or mechanical malfunctions.
In product liability cases involving complex products like vehicles, it is virtually impossible for ordinary consumers to prove a defect as it often involves challenges in obtaining relevant evidence, high litigation costs, and the technical knowledge required, making it difficult to gain recognition in court.
According to data released by the National Assembly, there were more than 760 cases suspected of SUA between 2010 and 2022, but none were ruled by the court as SUA-related because plaintiffs were unable to prove their products were faulty.
Jung's proposed bill would allow plaintiffs to present evidence such as video footage or relevant documents in court to prove a defect. Additionally, it would require manufacturers to prove that the damage was caused by factors other than a defect to ensure a fair determination of damages and liability.
Addressing the proposal, Jung said, "It is nearly impossible for an ordinary consumer to prove a possible defect."
Jung emphasized the need for legal measures, similar to those in other countries, where manufacturers of highly technical products such as automobiles must demonstrate that their products are free from defects when challenged by consumers. Failure to do so would make them liable for compensation.
reporter
Park Sae-jin
swatchsjp@ajunews.com
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