보조생식술에 대한 공적 규제 및 지원ㆍ감독 체계에 관한 연구

Abstract

To use the Assisted Reproductive Technology(hereinafter referred to as "ART") is related to the guarantee of family life under the constitutional law and the maintenance of the society by the birth of the members, so it is very meaningful both the individual and society. But it has so many and serious ethical and legal issues because the third parties such as the gamete donor and surrogate mother can be involved in the use of the ART and the human gametes and embryos that have to be treated in vitro should be managed. Therefore, the ethical and legal issues related to use the ART is no longer the matter of individual level. These issues have to be considered under the social dimension. Also, to use the ART has to be publicly regulated under the law, to be supported by the functional system, to be overseen by the supervisory authority. For this, it is imperative to lay the legal groundwork for the public regulation as well as to prepare and provide the institutional strategy to support and to oversee the use of the ART. In This article, referring to the legislative bills that were proposed and reviewed in National Assembly, I take the important consideration to make the provisions for the public regulation and to find the essential needs to draw up the ART supporting system and the ART supervisory authority. The ethical and legal problems are already happening. So, to find the way to prevent the ART abuse and to support the appropriate use of the ART is an urgent task that cannot be delayed any longer. To prevent the ART abuse and to support the appropriate use of the ART will be able to be realized on the obvious legal basis and under the functional supporting system with the supervisory authority.