바이오안전성에 관한 카르타헤나 의정서의 책임 및 구제에 관한 나고야-쿠알라룸푸르 추가의정서상의 손해와 그 유형

Abstract

The living modified organism (LMO) means the animal, plant, microbe and etc. being inclusive of the dielectric substance that is newly mixed by using the modern bio technology, which is generally used in the same meaning as it is mixed with GMO(Genetically Modified Organism). However, such LMO and the modern bio technology let us have the possibility to give the fatal harm to the human and the environment through the organism transformed by the genetic engineering together with the expectation to solve the food matter or to let the human life abundant in various aspects. However, it can be noted that as it has various difficulties in the legal technical and political aspects to anticipate all damages and losses, which have the possibility to be occurred from LMO, and then to regulate such liabilities and relief matter without deletion, the regulations for LMO damage on Nagoya - Kuala Lumpur Supplementary Protocol (hereinafter called ‘Supplementary Protocol’) shows such phase. Namely, the supplementary protocol concretely defines the term of damage from LMO in article 2, but in fact, it can be said that it is the one that limits the types of damages that the liability and compensation system regards as the regulatory object rather than the super ordinate concept that can cover all the damages to be occurred from LMO. And such types of damages can be said to be the very infringement of human health and specific environmental damage. However, the damages to be occurred from LMO are not limited to such damages, and a question may occur whether the damage, which is not regulated by the supplementary protocol, cannot become the object for compensation. But as indicated on ‘Directive 2004/35/CE of the European Parliament and of the Council of 21 April 2004 on Environmental Liability with regard to the Prevention and Remedying of Environmental Damage’, even the damage, which the supplementary protocol does not regard as the direct object, can be sufficiently compensated as per the legislative system of the compensation for damage such as general civil law or special law and etc. In legislating the supplementary protocol for the domestic execution, as for the fact that the types of damages on the supplementary protocol are concretely regulated in the domestic law and the fact that in which scope will the types of damages, which is planned to be able to be regulated in the domestic law, even if the supplementary protocol does not regard as the direct object, be regulated in concrete way, and in deciding such regulation type, the regulations for the damage and etc. such as the ‘Gentechnikgesetz’ of Germany or ‘1999 Basel Protocol on Liability and Compensation for Damage resulting from the Transboundary Movements of Hazardous Wastes and their Disposal’ and etc. can be referred, and also article 8 of korean Product Liability Law can become a reference in defining the regulatory scope of the domestic execution legislation of the supplementary protocol.