유럽연합 개정 제조물책임지침의 주요 내용 및 시사점 - 인공지능에 관한 논의를 중심으로 -

초록

The revised Product Liability Directive aims to modernize the European Union’s product-liability framework in response to developments arising from rapidly evolving technologies, including artificial intelligence (AI), the emergence of circular-economy business models designed to extend product lifecycles through reuse and refurbishment, and the restructuring of global supply chains. The revision is expected to contribute to a high and uniform level of protection for consumers and other natural persons within the European Union and to reinforce the products-liability standards applicable to products introduced into the market. The revised Directive broadens the definition of a product to include all movables, as well as software, digital manufacturing files, raw materials, and electricity. Software qualifies as a product irrespective of the mode of its provision or use; accordingly, embedded software, software accessed through communication networks or cloud-based technologies, and software supplied through service-based delivery models all fall within the scope of the Directive. Furthermore, in light of the rapid expansion of online distribution and the increased complexity of global supply chains, the revised Directive extends product-liability obligations beyond traditional manufacturers to a wider category of economic operators. The economic operators covered by the Directive include manufacturers (including developers of software and providers of related services whose components are integrated into or connected with the product), authorised representatives, importers, fulfilment service providers, distributors, and providers of online platforms. Of particular significance, the revised Directive introduces obligations relating to the disclosure of evidence and establishes presumptions concerning the defectiveness of a product and the causal nexus between defectiveness and damage. These mechanisms are intended to alleviate the evidentiary burden borne by injured persons in bringing compensation claims—particularly in light of the increasing technical and scientific complexity of contemporary products. Against the backdrop of digitalization, the circular economy, and globalization, achieving an appropriate balance between consumer protection and technological development constitutes a major legislative challenge for the future evolution of the Korean Product Liability Act. This study therefore examines the principal elements of the revised Directive, analyses the implications of the amendments for the future development of product-liability regimes, and identifies corresponding policy considerations for adapting the Korean Product Liability Act. In this regard, the study proposes legislative consideration of several measures: expressly incorporating software within the statutory definition of a product so as to expand the scope of product liability; establishing more precise criteria for assessing the defectiveness of a product; recognising an obligation to disclose evidence together with a presumption of defectiveness in cases of non-compliance; and introducing provisions specifying that the failure to provide software updates or upgrades shall, under certain conditions, not constitute a ground for exemption from liability.

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