Earticle

초록

영어

While the medical supplies have positive functions such as extending lifespan, recovering health, and preventing diseases, they also cause unexpected tragic consequences due to their side effects, and the magnitude of such damage inevitably increases due to the mechanism of mass production, mass distribution, and mass consumption of those medical supplies. Therefore, needless to say, the optimal way to prevent or reduce such damage is rather through medical supply manufacturers' producing non-defective products, or through the government's controlling production and sales of medical supplies with more aggressive exercise of regulatory authority on medical supply manufacturers, than through a remedy by a legal relief after using medical supplies. In this case, although the victim died due to the defect of the cold medicine, 'Contac 600', the drug company's responsibility to cover damages was not recognized because a defect could not be found in the then-manufacturing process. Thus, while pharmaceutical companies are gaining economic profits by producing and selling a medical supplies, if they do not take any remedy measures for the victims of their products' side effects, the victims have to use medical supplies under their own responsibility of taking a risk, and they have to accept the full damage of the potential consequence. Therefore, to remove such absurdity and contradiction, and to practically remedy the victim of medical supplies' side effects, the pharmaceutical side effects remedy project pending in the pharmaceutical affairs law needs to be actively implemented.

목차

I. 사실관계 및 대법원 판결의 요지
  1. 사실관계
  2. 대법원 판결의 요지
 II. 의약품의 결함과 손해배상책임
  1. 제조물책임
  2. 의약품의 결함
  3. 국가배상책임
 III. 대상판결의 검토
  1. 제조물책임법의 적용여부
  2. 설계상의 결함 여부
  3. 표시상의 결함여부
  4. 보증책임여부
  5. 국가배상책임여부
 IV. 결론
 참고문헌
 ABSTRACT

키워드

의약품 감기약 콘택600 부작용 제조물책임 의약품 공급 의약품 부작용 피해구제사업 약사법 medicine a cold Medicine Contac 600 side effects the Product Liability medical supplies pharmaceutical side effects remedy project the Drugs Cosmetics and Medical Instruments Law

저자

• 전병남 [ Jeon Byong Nam | 백인합동법률사무소 변호사, 법학박사 ]

참고문헌

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