의학연구를 위한 인체유래물 기증계약의 법적성격

• 영문명: The Legal Characteristics of the Donation Contract of Human Materials for Medical Research
• 발행기관: 충북대학교 법학연구소
• 저자명: 유지홍(Yoo, Ji Hong)
• 간행물 정보: 『과학기술과 법』제10권 제1호, 165~211쪽, 전체 47쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2019.06.30

영문 초록

At present, the demand and utility of human materials has increased rapidly, and the field of application has also diversified. On the other hand, the risk of illegal transactions and leakage of personal information has increased. Therefore, from the stage of contracting, systematic legal system and supervision over ‘human material donation and research’ are needed. Based on this scientific situation, this paper reviewed the legal issues related to donation of human materials and examined the legal characteristics of the donation contract. Through this study, the author confirmed that donation of human materials for medical research is a contract in which the donor grants authority to study human materials to the researcher for for public interest . This contract was the closest to the mandate of the typical contract in the civil law, and was closely related to the medical contract in particular. The legal issues and theories reviewed in this paper are as follows. The legal status of the human materials is the quasi state of human body and the dead body is the quasi state of the body when he was alive . Both 「Bioethics and Safty Law」, 「Declaration of Helsinki」, 「French Law on Respect for Human Body」, and ｢US Common Rules｣ identify donating human materials as granting authority to study human materials rather than transferring ownership . The legal characteristics of ‘the donation contract of human materials’ can be identified as a quasi-mandate contract as an atypical contract close to a medical contract. In a mandate contract, the interests of the mandator should be sought but In a the donation contract of human materials, Public interest should be sought. Therefore in the future, it is necessary to establish a unique contract system considering the characteristics of the donation of human materials .

목차

Ⅰ. 서론

Ⅱ. 분리된 인체유래물의 법적지위

Ⅲ. 인체유래물 기증 관련 법률

Ⅳ. 민법상 증여와 의료계약의 검토

Ⅴ. 생명윤리법상 절차와 기증자의 권리

Ⅵ. 결론

키워드

인체유래물 기증 의료계약 위임 증여 자기결정권 Donation of Human Materials Medical Contract Mandate Contract of Gift Right of Self-Determination.