첨단의료보조생식에서의 법적 문제 ― 과학적 증명에 기반을 둔 친자법(親子法) 개정안을 중심으로 ― = Legal Issues in Advanced Assisted Reproductive Technology - A Study on the Amendment of the Law of Parents and Children based on Scientific Judgment -

다국어 초록 (Multilingual Abstract)

The development of life sciences and medical technology has enabled other forms of reproduction like artificial insemination which is very different from the traditional way. In the near future, the way of reproduction is expected to be more diverse, with the use of induced pluripotent stem cell, gene editing technology, and the development of artificial womb. Even in order to secure the nation's population health, it needs to encourage further development of advanced assisted reproductive technologies(ARTs). However, it should also prevent social chaos. After all, only the enactment of a new law, not just interpretations of the positive law, will be fundamental solutions.
In this paper, It firstly studied advanced assisted reproductive technologies starting with an overview of ARTs. Then, it finds if there are any legal issues with regard to medically assisted reproduction. It identifies the need for a new definition of parents to make a decision who is the parents, especially when reproduction occurs with advanced ARTs. And it presents the new concept of parents for the determination of legal parents in the assisted reproduction. Next, it reviews the judgment of the Seoul family court(2018. 5. 18. 2018브15) that inspired this study. Lastly, it tries to propose an amendment of the law of parent and children that reflects the characteristics of advanced ART based on the problem of parents' decision. For the purpose, it reviews the foreign regulation and legislation in assisted reproduction and legislation that has been submitted to our national assembly so far. The contents of the amendment are revising the civil law and adopting a licensing system for assisted reproduction. The proposed amendment of the law of parents and children is not based on a normative judgment but a scientific judgment. This approach is considered reasonable in light of the changing appearance of modern society and is expected to be used in the legislative resolution of more legal issues in the future.
With technological advancements, there is a shift in social perception that deviates from the maternal recognition of traditional standards of pregnancy and birth, so it is important to keep the law and the system in line with the changes. However, the process should not be too hasty to undermine basic human dignity or lack consideration for new life born through assisted reproduction. This paper is only the first step in solving the legal issues associated with advanced ARTs, and it is believed that much discussion will be needed in the fields of public and criminal law as well as in the areas of civil law. In future processes, respect for life and liberty and happiness should always be considered rather than the convenience of law and institutions.