이식용장기의 수급불균형 해소를 위한 법제도적 과제

Abstract

In 2000, Korea enacted the Organ Donation & Transplantation Act that prohibits the transfer of organs in exchange for valuable consideration, and regulates the procurement and allocation of organs for transplantation through a national system administrated by KONOS (Korean Network for Organ Sharing). Today, the primary method for obtaining organs for transplantation in Korea is by the altruistic consent of donors. But, due to the lacks of registered organ donors and voluntary consents for donation, Korea is confronted with the chronic shortage of organs, and has to find the best alternative for increasing organ supply like other countries. So, this paper, first, explained Korea’s current situation about the organ shortage crisis and the problems of the legal system thereof, second, analyzed the various methods for increasing the voluntary consents for organ donation, namely, Presumed Consent, Mandated Consent, Internet Organ Solicitation, Organ Mutual Insurance, Paired Organ Exchange, etc. and the supply of organs from cadaveric donors. namely, Organ Free Market, Organ Future Market, Organ Death Benefit, Tax Incentives, etc, and finally proposed the procurement of organs by the method of Tax Incentives, especially Tax Credit, is the best effective framework to solve the chronic shortage of organs in Korea.