동물 이용 연구에 대한 법적 고찰－바이오장기연구를 중심으로－

Abstract

Many biomedical researches use animals as subjects. However, some argue that researches which use animals should be banned because animals are morally as valuable as human beings. There are two issues related to the biomedical researches which use animals. First, whether the use of animals in biomedical researches is necessary. Some argue that it is not necessary or even harmful, but history shows that using animals in biomedical researches is very useful. The second issue is moral issue, that is whether the use of animals in biomedical researches is morally justified. The most persuasive argument that animals are morally equal to human beings is based on the opinion that animals also feel pain. Although we can agree that animals feel pain, that is not enough to agree the argument that animals and human beings have the same moral value. In 2008, <Laboratory Animal Act> is enacted. This Act focuses on the appropriate management of laboratory animals and animal experimentation. However, there are many overlaps between <Laboratory Animal Act> and <Animal Protection Act>. These Acts should be revised to regulate using animals by human beings properly. Xenotransplantation research should use animals in nature. There are some differences between ordinary animal experimentations and xenotransplantation research. First, animals are given births in xenotransplantation research. Second biological materials which are originated from animals are transplanted onto human bodies. When we examine the ethical, legal issues of animal experimentation in xenotransplantation, we should consider these propertied.