생명윤리법상 생명권과 인간배아복제의 문제

• 발행기관: 세계헌법학회 한국학회
• 저자명: 서계원(Suh Kye Won)
• 간행물 정보: 『세계헌법연구』세계헌법연구 제10호, 113~144쪽, 전체 32쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2004.12.01

영문 초록

Few sciences have held out such therapeutic promise and corresponding stirred so much controversy in countries throughout the world as the developing science surrounding human embryonic stem cells. Since the first reported development of several lines of human embryonic stem cells in 1998, many governments around the world have attempted to address the thorny ethical issues raised by human embryonic stem cell research by the passage of laws. Stem cells are the precursor cells from which all cells that compose the human body are derived. If used right, stem cells can contribute in a big way to treatment of incurable diseases caused by cell damage. Examples include cerebral nerve ailments such as brain tumors and dementia, motor disturbances such as arthritis, diabetes, and heart disease. Embryonic stem cells have been touted for their greater potential to develop cures for terminal diseases than adult stem cells, although no tangible success has been reported. In fact, from an ethical and anthropological standpoint, so-called therapeutic cloning, creating human embryos with the intention of destroying them, even if undertaken with the goal of possibly helping sick patients in the future, seems very clearly incompatible with respect for the dignity of human being, making one human life nothing more than the instrument of another. “The Law on Bioethics and Biosafety(the Bioethics Law)” passed December 29 of 2003, prohibits the cloning of human embryos because it can lead to the cloning of humans. But it does allow for cloning when part of research into the treatment of incurable diseases. According to the law, infertility clinics are able to use remaining embryos from external fertilization operations, which have been frozen and stored for more than five years, for research purposes, when they have received informed consent from couples of original owner. The bioethics law took effect on January 1 of 2005, allowing cloning of human cells if it is carried out for pure research purposes to find remedies for incurable diseases. “The National Bioethics Committee” is supposed to determine the exact range of permissibility, to extent the research should be allowed. The most problematic aspect of the law is that embryos tissue will be allowed to used for research purposes. As embryos are recognized as life, it may be against the spirit of the Constitution regarding respect for human dignity and life to use human embryos for research. Currently one of the issues in the law is whether to enact legislation of a comprehensive bioethics regulation or to enact at least individual acts covering issue by issue. It needs to lead to an active discussion of all the ethical and legal points of contention. his article first differentiates human embryonic stem cells from other types of stem cells and frames the ethical and legal controversy surrounding human embryonic stem cell research, then surveys laws governing human embryonic stem cell research in various scientifically advanced countries located throughout Europe, USA, Japan and Korea and proposes the direction for the desirable amendment of the existing Bioethics Law in Korea, specially focusing on human embryonic stem cell research. The subject of human embryonic cloning can be best addressed by a juridical instrument, since the rule of law is essential to the promotion and protection of human life. It is by the rule of law, based on right reason, that societies can properly regulate whatever appears to challenge our fundamental notions of human life and dignity.

목차

Ⅰ. 서론

Ⅱ. 배아복제와 인간의 존엄성 문제

Ⅲ. 생명윤리법상 배아복제 연구의 허용여부 및 허용정도

Ⅳ. 생명윤리법상 배아복제 연구의 허용주체

Ⅳ. 結論

ABSTRACT