인간의 존엄과 가치, 그리고 胚芽 - 생명윤리및안전에관한법률 제1장을 중심으로

• 영문명: Human Dignity and the Human Embryo ― on the focus of Chapter 1 in Korean Bioethics and Biosafty Law ―
• 발행기관: 한국헌법학회
• 저자명: 박선영(PARK Sun-Young)
• 간행물 정보: 『헌법학연구』憲法學硏究 第13卷 第1號, 373~409쪽, 전체 37쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2007.03.29

영문 초록

  Nowadays biotechnology or bioengineering is being rapidly developed offering many possibilities in the life, including human embryonic researches, on the other hand, constitutional approach on the scientific studies, in particular, on the focus of ‘human dignity’ are still ambiguous. This article recognizes that scientific and technological developments have been, and can be, of great benefit to humankind in increasing inter alia life expectancy and improving quality of life, and emphasizes that such developments should always seek to promote the welfare of individuals, families, groups or communities and humankind as a whole in the recognition of the dignity of the human person and the universal respect for, and observance of, human rights and fundamental freedoms.
  Human embryo is an in vitro fertilized human ovum, with certain rights and protection granted by substantive law, composed of one or more living human cells and human genetic material so unified and organized that it will develop in uterus into an unborn child. Nevertheless the human embryo research raises many bioethics problems and violates the dignity of human being, the Korean Bioethics and Biosafety Law(Law No. 7150, hereafter the Bioethics Law) doesn"t works at all because of the inappropriate aim of the law. The Bioethics Law ought to serve and protect the dignity of human being than any other related laws.
  In this thesis, I attempted to make a study of the Bioethics Law from a viewpoint of human dignity in the constitutional law. With respect to the human dignity, this essay tried to critical analyse of the Chapter I in the Bioethics Law in effect from 2005 allowing cloning of human cells if it is carried out for pure research purposes to find remedies for incurable diseases. The most problematic aspect of the Bioethics Law is that embryos tissue would be allowed to used for research purposes. This article frames human dignity, specially focusing on at first, the concept and the legal status of human embryo as a potential human being, and secondly ‘informed consent’ that are worldwide declared such as N？remberg Code and Helsinki Declaration which stress that human subject should be never measure and voluntary consent is absolutely important. It is no surprise that these international norms for protection of bioethics have been developed and some progress has been achieved, serious dispute of human rights and biosafty.
  Human Dignity in the constitutional law should be the extreme measure of the biotechnological norm and the powerful sanction, because the human embryo is de facto biologically human being, gradually acquiring certain capacities, namely entitled to rights worthy of respect and protection, namely human dignity of embryo. So the constitutional concerns involving the application of technology to humans should be of utmost concern, as the area is extremely complex, but the concept of human dignity should be based upon an acceptance of fundamental and superior values within the bioethics.

목차

Ⅰ. 생명과학과 憲法
Ⅱ. 인간의 존엄과 가치
Ⅲ. 생명윤리및안전에관한법률 上의 배아
Ⅳ. 배아에 관한 헌법적 연구의 필요성
참고문헌
〔Abstract〕

키워드

인간의 존엄 생명과학기술 배아 잠재적 인간 생명윤리법 Human Dignity Human Embryo Biotechnoligy Bioethics and Biosafty Law Potential Human Being