GMO 표시제도에 대한 헌법적 쟁점에 대한 소고

Abstract

Use of genetically modified organism(GMO) has a great economic significance in the aspect of relieving grain price hike, poverty, and famine due to global shortage of food. However, there is no definite scientific proof on the hazard and safety of GMO. Currently, there are a variety of continuing controversies over GMO, and it is needed to take preventive measures before any kind of grave danger occurs due to GMO. This is called the precautionary principle, which means you can take measures in advance to prevent danger even if there is no sufficient scientific certainty on the causal relationship between the danger and the cause. Meanwhile, GMO providers are allowed to enjoy their freedom of business, but, the freedom of business may be limited when there is a necessity for the public interest such as welfare of the public. As well, the government is required to implement active policies for protecting consumers, and consumers have constitutional and legal rights such as right to safety, right to know, right to choose, right to have one’s opinion reflected, right to receive compensation for damage, right to be educated, right to organize, right to collective action, and right to environmentally friendly consumption. In relation to the current GMO labeling system: first, the labeling must be mandatory also for those products using genetically modified microorganism; second, it is necessary to, when GMO agricultural products are unintentionally mixed, divide the standards and to let indicate those products with 0 percent of GMO agricultural products as ‘GMO FREE,’ those with less than 3 percent of GMO agricultural products as ‘NON GMO,’ and those with 3 percent or more of GMO agricultural products as ‘GMO’; third, it is necessary to let indicate the use of GMO even for those foods or food additives, whose genetically modified DNA or genetically modified protein is not left at all because of an advanced purification process or the like and whose GMO cannot be detected such as sugars and fat and oils, in order to broadly guarantee the rights of consumers.