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Product Liability & Consumer Claims “Provides concise and professional advice based on a deep understanding of the industry as well as the client’s company.”
– Asialaw Profiles 2019

Overview

Kim & Chang’s Product Liability & Consumer Claims Practice represents clients across various industry sectors, such as the automotive and automotive parts, batteries, pharmaceuticals, consumer goods, chemicals, aircrafts, medical devices and semiconductors sectors. Our team consists of attorneys and specialists assisting clients through a combination of extensive legal experience and practical solutions.

Comprehensive Legal Services

We offer comprehensive solutions to all legal issues which can arise in the process of designing, manufacturing and distributing products, such as regulatory issues, certifications, advertising, consumer claims, product recalls and injury claims.

Global Capabilities

We are also very experienced in multijurisdictional product liability issues, with in-house foreign law expertise, to help develop a coordinated and comprehensive response strategy.

Key Servicesshow

Product Liability Disputes

Since the enactment of the Product Liability Act in 2002, we have seen an exponential growth in the number of product liability litigations in Korea. Our team has recorded a very high success rate in defending clients against such claims, covering products manufactured both in and outside of Korea. At the same time, we also explore all avenues for resolution in cases including the engagement of potential stakeholders such as government agencies and the media.

 
Consumer Claims

Our team has established a rapid response protocol based on our extensive experience in dealing with consumer disputes. We provide comprehensive support for clients facing legal proceedings, which can take various forms, such as individual or collective complaints brought by consumers, Korea Consumer Agency collective dispute proceedings or multi-plaintiff court actions. Our goal is to assist clients by developing a tailored response strategy for each type of claim, while protecting their rights throughout the entire process.

 
Serious Accidents

Korea has recently enacted a Serious Accidents Punishment Act (“SAPA”), potentially imposing criminal liability against companies’ representatives or management for “serious accidents.” We have a specialized SAPA response team, covering both legal defense and technical support, on issues such as identifying whether the incident in question qualifies as a “serious accident” and whether a company’s management is complying with SAPA requirements.

 
Product Recalls and Certifications

Whether voluntary or mandatory, domestic or global, our team has extensive experience in supporting clients throughout the entire recall process in Korea across most product categories. We are also well positioned to assist clients on product certification issues, providing services ranging from advising on the required administrative procedures to developing a media response strategy where needed.

Key Experienceshow

Our team has represented clients across most all industry sectors, such as automobiles and automotive parts, electronics, pharmaceuticals, medical devices, consumer goods, chemicals, aircrafts, cosmetics and semiconductors.

 

Product Liability Lawsuits
  • Successfully defended automobile manufacturers in sudden acceleration litigations
  • Successfully defended a damages claim alleging that an internet service outage was caused by software design defects
  • Successfully defended a product liability claim citing an allegedly defective cold medication
  • Successfully defended an automotive manufacturer against a damages claim alleging that a fire was caused by defective parts
  • Successfully defended our client in a lawsuit alleging airbag defects causing a failure to deploy
  • Successfully defended a product liability litigation alleging seed-related manufacturing issues
  • Successfully defended a product liability claim citing asbestos-containing products
  • Successfully defended against a damages claim alleging a battery defect-related fire
  • Successfully represented an insurance company in a claim against a tobacco company
  • Successfully defended a damages claim alleging that a car fire was caused by an EGR module
  • Assisted clients in the “Dieselgate” dispute
  • Successfully defended our client in a product liability litigation related to food contamination issues (hamburger patties)
  • Successfully represented a client on a product recall and product liability litigation related to an air purifier filter

 

Consumer Claims
  • Successfully defended our client in a lawsuit seeking damages for sudden vehicle engine shutdowns
  • Provided advice on compliance with electrical safety regulations governing laptop power cords
  • Defended clients in collective consumer claims citing various products such as cars and household chemicals
  • Represented clients in cases involving vehicle refunds or exchanges under the Korean “Lemon Law”

 

Serious Accidents
  • Assisted clients in developing updated safety and health systems in various industry sectors for SAPA compliance
  • Advised on compliance projects relating to safety and health laws covering products such as cars, home appliances, medical devices, pharmaceuticals, electrical products, chemical products, shoes, toys and baby formulas
  • Provided advice on chemical regulations such as the Chemical Substances Control Act and defended clients against industrial/consumer accident claims

 

Product Recalls and Certifications
  • Advised clients in various industry sectors on product recalls and certifications, covering products such as cars, tires, construction equipment, medical devices, drugs, electronic goods, chemical products, shoes, stationery and baby formulas
  • Advised clients in responding to product defect investigations brought by foreign government agencies

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