「생명윤리 및 안전에 관한 법률」상 처벌규정의 비판적 검토

• 영문명: The Problems on the Bioethics and Security Act
• 발행기관: 한국형사정책학회
• 저자명: 김혜경(Kim Hye Kyung)
• 간행물 정보: 『형사정책』刑事政策 第19卷 第2號, 393~416쪽, 전체 24쪽
• 주제분류: 사회과학 > 정책학
• 파일형태: PDF
• 발행일자: 2007.12.30

영문 초록

  In dealing with biotechnology, many ethical problems imply a dilemma between moral duty and the resulting profit, and present the issue of how to regulate ethical matters with laws. In order to resolve these difficult problems, on the proposition that certain ethical issues should allow legal intervention, the term, bioethics came about. It is from here that the questions of , bioethics are dealt with, such as when human life as an object of protection begins and how far laws can intervene in the matters of ethics. This paper aims to examine the problems arising from the laws regarding, bioethics and safety that start with the definition of bioethics as used in legal situations.
  The laws regarding bioethics are the same as regular laws excluding situations where special provisions exist in other laws. However, it is questionable whether the limited laws can fully carry out its role as the mother law to the ethics laws regarding biotechnology. And that laws protect embryos but don"t define life-right of embryos. The beginning of life itself is judged based on the fact of natural occurrence, but the interpretation of right to life as something relative can only be made using an approach that utilizes values and norms. In conclusion, as the result of judging the concept of life itself as the result of something that occurs naturally and in consideration of the premise that human beings do not go through a stepwise and discontinuous biological development process, it must be concluded that the embryo, too, must be judged to exist within the continuum of life. On the other hand, because right to life is also provisionally a subject of legal reservation, limitations according to laws are viewed as possible.
  Next, this study examines the problems of individual provisions. especially, the provisions from articles no. 49 to 53 of the bioethics and security act, which act as a special law concerning the criminal law. that contains the problem in terms of balance in penalty regulations of the criminal law and of a method of administrative measure. the latter is that when an administrative organs control on biotechnology, what select between a license system or a report system.

목차

Ⅰ. 들어가며
Ⅱ. 생명윤리법의 선결문제
Ⅲ. 생명윤리법상 제재규정의 검토
Ⅳ. 맺음말
ABSTRACT

키워드

생명윤리 및 안전에 관한 법률 위험형법 법정형의 상한제한 생명윤리 유전정보 bioethics the Bioethics and Security Act life-right of embryos human life balance in penalty