Punitive damages system in China's first legislation was in Consumer Rights
Protection Law enacted in 1993, since then Product Liability Law and Tort Law
have clauses related with punitive damages. The purposes of this study are to
investigate punitive damages in China's Tort Law enacted recently and systematic
relation with Product Liability Law and Consumer Rights Protection Law.
China's legal system regarding punitive damages is divided into Consumer
Rights Protection Law, Product Liability Law and Tort Law, and according to the
law, there exists some differences such as application scope of compensation.
Therefore, it needs improvement in the future.
In addition, the requirements of compensation and the burden of proof have
problems. Since there is no standard between 3 laws, it can cause disputes in
litigations.
Considering Korea's economic and legislative system, I think it is necessary
to adopt punitive damages system by the limited way in cases death or serious
health damages caused by defective products.