LMO 제품의 위해성 관리에 관한 논의의 주요 쟁점과 과제

• 영문명: Issues and Prospect of Risk Management of LMO Products
• 발행기관: 경희법학연구소
• 저자명: 김은진(Kim, Eun-Jin)
• 간행물 정보: 『경희법학』제43권 제1호, 265~294쪽, 전체 30쪽
• 주제분류: 법학 > 민법
• 파일형태: PDF
• 발행일자: 2008.03.30

영문 초록

On the basis of living-modified organisms (LMO) as life forms, many concerns have arisen surrounding the issue of safety for the human health and the environment. One result of such concerns is the “Cartagena Protocol on Biosafety.” The Protocol outlines a variety of structural mechanisms aimed at ensuring safety, such as risk assessment, risk management, public information, public participation, etc. The Protocol sets forth basic principles that must be established in each country regarding risk assessment and management. Modern science and technology have achieved outstanding developments but these developments per se are not perfect. As such, the Protocol prevents incomplete risk assessment and management by scientists and technicians through structural guarantees related to public information and participation aimed at ensuring to citizen consensus and choice. However, despite the principles guaranteed in the Protocol, a problem arises as to whether these principles can be taken as the preconditions for granting intellectual property rights. The development of LMO, due to their uniqueness, does not end with the mere possession of the technology involved, such development also take into consideration the post-development fact that the resolutions LMO can be cultured again. Even with the strictest standards of maintenance, unintentional proliferation cannot be entirely prevented. There is always room for problems even if the developer has no intention of such occurrences. For this reason, requirements must be included for monitoring influences on the human health and ecology. Furthermore, even if these requirements were included, how can we resolve other safety problems presently unforeseen by modern science and technology? Safety can only be guaranteed by means of a consensus based on a release of information and public participation. The range of the standards of risk assessment and management can be established through such consensus and these standards must be legally controlled. Standards established through public information and participation can limit those LMO products which do not meet these standards by excluding them from protection as intellectual property rights. However, it would also be difficult to apply these standards as the norm. More diverse measures must be taken into consideration to control certain rights.

목차

l. 서론

ll. LMO의 위해성 관리 제도

lll. 위해성 관리 제도의 문제점

lV. 효과적인 위해성 관리를 위한 개선방안

V. 결론

키워드

유전자변형생물체 위해성 관리 위해성 평가 정보공개 공공참여 표시 제 바이오안전성의정서 영업비밀 Living Modified Organism Risk Management Risk Assessment Public Information, Public Participation Labeling Cartagena Protocol on Biosafety Trade Secret.