Due to the expectation on finding cure and treatment for the incurable and fatal diseases, life sciences has become one of the most significantly growing science fields in the 20th century. However, this life science fields has the possibility of viol...
Due to the expectation on finding cure and treatment for the incurable and fatal diseases, life sciences has become one of the most significantly growing science fields in the 20th century. However, this life science fields has the possibility of violating the value and dignity of the human life, which brings up the ethical and scientific problems. One of the most controversial fields of the life science is the human stem cell research, and this paper is focusing on the related ethical and scientific problems and the need for legal regulation on these matters.
For this purpose, in Chapter 2, the stem cell research is looked into broadly; further, the related ethical problems and the need for the legal regulation the problems are mentioned. Stem cell research can be divided into embryo stem cell research and non-embryo stem cell research, according to the source of the stem cell line. Embryo stem cell research, including fertilized eggs and somatic cell nuclear transfer (SCNT) eggs, uses human embryos for the research. Non-embryo stem cell research, including adult (tissue-specific) stem cell and induced pluripotent (iPS) cells, uses human cells other than embryos. Embryo stem cell research has ethical problem of destroying human embryo in the process of extracting the stem cell line and SCNT embryo has ethical problem of using human egg and cloning, which could clone a human being. Also, non-embryo stem cell research has other ethical problems such as acquiring consent from the donor, creating chimera that could be produced in the process of safety test of the drug or treatment.
Due to these problems, there are people who support and object to the stem cell research. However, the current trend of the life science in international world is that there is high expectation on the human stem cell research for it will be the key for the serious and fatal diseases and the potentiality of the related market. Further, the allowed scope of the research would be wider and the related industry would be more active. Therefore, unless the stem cell research is banned, the country should provide effective and proper legal regulation on this subject, reflecting its own cultural and social status. In order to do so, the government should keep an eye on the changes and developments in this subject and provide accurate and proper legal regulations and guidelines, reflecting the changes and developments. In this paper, the legal regulation and guidelines of the U.S. is looked into as the most significant example and reviewed whether there are any improvement that can be reflected on the current legal regulation and guidelines of Korea.
In Chapter 3, the legal regulations and guidelines of the U.S. are looked into. In the United States, each state government has different views on the stem cell research. However, President Obama is supporting human stem cell research, including embryo stem cell research by declaring Executive Order 13505, which allows the research to be continued in the United States. To execute the order and to regulate the research, National Institutes of Health provided the 'National Institutes of Health Guidelines for Research Using Human Stem Cells' to the researches. In order to receive the fund from the federal government, which is vital in scientific research in the U.S., now the researches have to follow the guidelines. By providing this guideline, the federal government is regulating the scope and direction of the human stem cell research. Also, the National Academy of Science provides 'the National Academics' Guidelines for Human Embryonic Stem Cell Research' for the researchers, both for embryo stem cell research and non-embryo stem cell research.
In Chapter 4, the current status and related law and regulations are looked into. In Korea, the human stem cell research is being regulated by Ethics and Safety on Human Life Law. It has been amended few times; however, it does not cover many issues and parts that are mentioned and covered by NIH guidelines and NAS guidelines. Thus, few suggestions reflecting the related guidelines of the U.S. are made. For example, for the human embryo stem cell research, an ESCRO should be established separately from the IRB as suggested in the NAS guideline, and monitor and control the most controversial research more strictly. According to the legal regulation principle in Korea, which stipulates that the regulation by the government should be based on the law, these suggestion should be included in Ethics and Safety on Human Life Law in order to be executed and applied.
The current status of stem cell research is in the stage of extracting stem cell line from a stem cell and cultivating it. It is expected to take quite some time to reach the practical usage stage of cure or medicine using stem cells. However, the stem cell research that can give answers for reasons of the fatal diseases and provide customized treatment for each patient is believed to be a significant field in the future.
Although it has many ethical problems, human stem cell research is believed to have great potentials for treating incurable diseases. The federal government of U.S. is allowing human stem cell research including human embryo stem cell research, but regulating the scope and the direction of it by providing specific and thorough guidelines for it. By providing fund for the research that meets the guideline, the government is regulating the stem cell research.
To conclude, regarding the current flow and trend of the stem cell research, I think Korea who has not been very supportive of the human embryo stem cell research and other countries that do not support human stem cell research itself will end up allowing the research in the future. Thus, the stem cell research is not prohibited by law, the second best solution to solve the ethical and scientific problems will be providing proper legal regulations. Considering the aforementioned factors of the human stem cell research including the ethical problems of using human embryos and other cells, the social impact of the research, and the potentials of the related market, it is necessary that the government takes the major role in regulating the research.
However, there are no unified consents on the ethical and legal problems regarding the source and the various research process of the human stem cell research. Thus, the government should make an effort to draw proper and democratic solutions on these matters by reinforcing the regulations to provide education and PR to the public and to hear the opinions of experts in various fields regarding the subject.
Although this paper focused on the laws and regulations of the U.S. regarding the human stem cell research, the approach and the regulations that the U.S. is using cannot be said the best solution for all the issues and problems that Korea has. Because there are many differences in two countries not only in legal system but also the social reception of the subject by the people. However, it is efficient and helpful to study the case of the country that has more experience and longer history regarding the subject. For better regulations, the Korean government should reflect the suggested matters to the enforcing law and provide more detailed and accurate guidelines for fast growing human stem cell research industry.