첨단의료보조생식에 근거한 민법 제844조 친생자 추정에 관한 고찰

• 영문명: A Study on the Presumption of Biological Child under the Article 844 of the Civil Code, on the Basis of the Advanced Medical Technologies for Assisted Reproduction
• 발행기관: 충북대학교 법학연구소
• 저자명: 유지홍(Yoo Ji Hong)
• 간행물 정보: 『법학연구』第26卷 第2號, 151~216쪽, 전체 66쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2015.12.30

영문 초록

The advanced medical technologies for assisted reproduction have diversified the methods, the places, the forms for the birth of life. And they have replaced the course of sex, pregnancy, implantation, childbirth with new medical means. These high technologies have provided the opportunities for human self-understanding as well as the treatments for infertility. In the future, we must establish new systems and laws on the basis of the human essence discovered by the high technologies. Now in the Republic of Korea, medical assisted reproduction are performed 100,000 times a year. Therefore, it's really urgent to establish the related laws and public institutions for the medical assisted reproduction. Since the Civil Code was established, the contents of the Article 844 of the Civil Code has been maintained the same. Therefore, the related laws for the medical assisted reproduction must be established independently. Considering the advanced biomedical technologies, the legal status of ‘a fertilized egg in vitro’(or ‘a frozen embryo’) must be equal to that of ‘a born’. Therefore, we must establish a new forms of ‘the biological parental relation on the basis of the medical assisted reproduction’. In a germ cell donation such as AID, we must adopt ‘the system of child welfare review by the Court’.

목차

Ⅰ. 서론

Ⅱ. 의료보조생식의 현황과 문제점

Ⅲ. 친생자 추정에 관한 민법 제844조의 해석

Ⅳ. 첨단기술의 개발과 생명개념의 혼란

Ⅴ. 의료보조생식에 관한 입법론

Ⅵ. 결론

참고문헌

Abstract

키워드

민법 제844조 의료보조생식 체외수정(IVF) 비배우자간 인공수정(AID) 인공자궁 배아복제 유도만능줄기세포(iPS cell) article 844 of the civil code medical assisted reproduction in vitro fertilization(IVF) artificial insemination by donor(AID) artificial womb cloning of a human embryo induced pluripotent stem cell(iPS cell)