장기매매죄와 보상제도에 관한 검토 - 장기매매 금지와 장기이식 필요의 조화방안 -

Abstract

In time when human's bodies are the objects of transaction so far, one that organ purchases are prohibited ethically and the other that they can be allowed practically are all reasonable. Legalization of organ purchases is premature considering bio-ethics, sense of legality, citizens' economy and health, and the function of Criminal law. It leaves something to be desired for laws to catch up with medical technologies. Thus to adapt and improve slowly is the best way to realize the dignity of human. To do that it is natural that the crime of organ purchase should be in existence. To take the circumstances that Criminal law is the ultimate measure into consideration, I have studied resolutions on today's situation that there is a serious shortage of organ donation. The compensation system for donors doesn't mean legalizing organ purchases or placing responsibility on market principles. Rather, the system is for revitalizing organ transplant to prevent organ trades through market. Also, fair distribution of short organs can help the recipients have equal opportunities and to do so, they won't be tempted by illegal organ purchases. Internal Organs, etc. Act is established for the more donation and cure for patients. It is more desirable to study for revitalizing various organ transplant rather than to punish illegal organ purchases.