생명공학의 남용위험과 형법적 규제

Abstract

Nowadays the development of biotechnology is so rapid that the law on this field could not cope up with the newest problems of bio- technology. In this field the basic law is Act on Bioethics and Safety in 2005. This act provides many clauses on the prohibition of human cloning and regulation on the human embryo research. But these days public opinion on human-animal hybrids changes to be permissible to cure rare diseases. In dealing with biotechnology or medical treatment, many ethical and legal problems imply a dilemma between moral duty and the resulting profit, present the issue of how to regulate ethical matters with laws. This essay reviews the legal problems of risk involved in biotechnlogical research and management of the risk. Firstly, the risk of biotechnology are discussed. Secondly, the specific problems of current Act on Bioethics and Safety(2005) in Korea. Lastly, the vary measures and laws are available to prevent human and minimize dangerousness in biotechnology area and desirable and efficient risk management skills and method has been addressed. The legal control on risky biotechnology research is necessary to protect human dignity. But, many pro-research scientists stand against it. They asserts that biotechnlogical research will be helpful to cure human diseases that have so far defied cures, such as type 1 diabetes, the Alzheimer's disease, and the Parkinson's disease. But pro-life group asserts that biotechnological research should be prohibited to secure human dignity. In this paper I propose dialogue between law and science. So the law in this field should protect the conditions of resonable dialogue among various social groups including pro-research, pro-life group and prescriptivists. In this dialogue only resonable and probable opinion will be supported by the participants and this opinion will be enforced by the name of law.