LMO의 최근 동향과 문제점 -나고야 책임구제 추가의정서를 중심으로

Abstract

With the implementation of “the law on intra-national transition of Living Modified Organisms (hereinafter referred to as LMO law)” as of Jan. 1st 2008, import approval or declarations for experiment, food, livestock feed purpose LMO are done at related agencies of responsibilities Such development of LMO was once focused on increasing food,growing forage crops and using crops as fuel for bio-energy by the development and cultivation of GM crops, but nowadays, developments for GM insects, GM fish and GM animals are actively underway using genetic modification techniques. Such a change will enable people to expect not only indirect profits from increased production of existing GM crops but also direct profits from producing GM animals that can be used to prevent contagious diseases or for edible purposes. However, research on potential threats from LMO are underway. The 5th round of plenary meeting for the members of the Cartagena Protocol on Bio-safety was held in Nagoya, Japan in 2010 to resolve the issues of LMO-related liabilities and reimbursement (repair) and adopted Nagoya-Kuala Lumpur Supplementary Protocol on Liability and Redress to the Cartagena Protocol on Bio-safety. The supplementary protocol only stipulates the requirements for civil liabilities partially and delegates details to domestic laws. Such can be adopted only when supplemented by the method of implementation legislation. For such a method, application of existing laws, creation of special laws for damages inflicted by LMO, mixture of existing and special laws can be considered.