인체 및 인체부산물의 소유권에 대한 비판적 고찰

• 영문명: A Study of criticism on Ownership in Human Bodies and by-product of Human Bodies
• 발행기관: 한국재산법학회
• 저자명: 최상회(Choi, Sang-Hoe)
• 간행물 정보: 『재산법연구』財産法硏究 第26卷 第1號, 121~142쪽, 전체 22쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2009.06.30

영문 초록

This paper outlines seek to efficient legislation that protect people’s interests in their bodies, excised body parts and tissue without conferring the rights of full legal ownership. People may be concerned not so much about owning their bodies, as controlling what happens to their body or by-product of human body. People can authorise the removal of their bodily material and its use, either during life or after their death, for medical or scientific purposes. Researchers who acquire human bodies, by-product of human bodies pursuant to such an authority have a right to possess and use them according to the authorization they have been given, but their rights fall short of full ownership because they are limited in the way that they can use the material. It will not be possible for a hospital or researcher to obtain full ownership of a body or body part since the executor is ultimately entitled to possession for burial ,nor to tissue taken from people who have not died. The legal rights of researchers who develop intellectual property and biological products from excised human tissue can be adequately protected by existing the laws of battery, negligence and privacy principles without the need for a new legal principle that people own body parts and tissue removed from their bodies.

목차

Ⅰ. 머리말

Ⅱ. 소유권의 개념과 인체 및 인체부산물의 소유권

Ⅲ. 인체 및 인체부산물의 소유권에 찬성하는 논의에 대한 비판

Ⅳ. 맺음말

참고문헌

Abstract

키워드

소유권 인체 인체부산물 생체제품 인체조직 Ownership Human Bodies by-product of Human Bodies biological products human tissue