한국에서의 인공수정관련법의 입법동향과 법체계상의 올바른 입법방식

Abstract

Looking into legislative process of the present high-tech medical services and laws related to Bioethics, it has been made under not adequate inquiry over whole legal systems, therefore, it is not good enough to be considered as a synthetic and systematic law. For this reason, there are a lot of cases like that a similar legal provision has been expressed repeatedly or overlapped according to its law, so I suppose it has a lot of difficulties with applying laws. It is generally considered that the major purpose of legislation or revision includes the function of settlement which is to solve the legal disputes occurring already, and the function of prevention to predict legal problems being able to occur in the future. Owing to development of biotechnology, unpredictable legal problems would happen, however, I suppose, even though it is the only one case of legislation, legislative works being able to prepare for various medical problems occurring in the medical field would be necessary. From this point of view, the laws, 'Act related to Subsidiary Generative Medical Services' and 'Act related to External Inseminations', are being effected, collide or overlap with their regulatory laws, Bioethics and Safety Act, thus the part related to the regulations out of the contents of the above two laws should be settled through the revision of Bioethics and Safety Act, and, simultaneously, I suppose the problem that the paternity relationship establishment about legal status of the person who was born by a artificial insemination should be arranged through the revision of Paternity Relationship Act of Civil Law considering its nature.