人間胚芽複製の法的問題点と対応 : 韓国の「生命倫理及び安全に関する法律」を中心に

抄録

The dazzling development of life science technology shines the light of hope, but it casts dark shadow to us at the same time. Although, with respect to the life span and incurable diseases, human embryonic cloning works in the positive manner, it also effects in negative way as to the infringement of human dignity, misuses for commercial purpose, and the incompleteness of technology. In this situation, as implementing the Statute of Bioethics and Safety enforced in January 1st 2005, Korea established legislative and institutional mechanism which regulates ethical and legal problems caused by the development of life science technology. This paper, therefore, briefly investigated discussions about main contents and legal issues of Bioethics law concerning with human embryonic in Korea. To do this, as premises for discussions, it also briefly examined the concept of human embryonic cloning and the legal status of human embryo and finally, it suggested alternative plans in the policy level. A basic attitude of the law is to completely prohibit somatic cell nuclear cloning for producing human individual cloning, and restrictively allows researches about remaining embryo expired from certain period for conservation after sterilization and materials generated by somatic cell nuclear transfer. This approach is quite desirable, but it still has something to supplement in regards to legal policies. The Bioethics law, as it is, reveals a loophole, inter alie, in the administrative system. Due to the self regulation system, the Committee of Bioethics plays only examination roles and it is not sufficient to protect human embryo. Thus, clarifying the human embryo as life more in detail and supplementing rules to protect human embryo, we should make efforts to minimize interventions from criminal law.