대리모계약규정을 위한 법률안의 제안

윤혜란 숭실대학교 법학연구소 2006 法學論叢 Vol.16 No.-

현대사회는 생명공학의 발달로 인공수정에 의하여 선천적 이유에서나, 후천적인 이유에 의하여 부부의 일방 또는 쌍방에 불임의 원인이 있으면 불가능 하였던 임신이 가능하게 되었다. 또한 능력 있는 미혼의 여성이나, 남편을 잃은 미망인 등 일반적으로 임신 할 수 없는 사람들도 아이를 원한다면 임신이 가능하여 출산할 수 있게 되었다. 인공수정의 방법 중 대리모에 의한 경우 각 나라들은 인간의 존엄과 사회질서를 파괴시킬 수 있다고 하여 불법으로 간주하고 엄격히 금해 왔지만, 불임 부부 등의 증가와 변화하는 가족관계 등의 영향으로 각 나라들은 사회적·윤리적·종교적 실정을 고려하여 법률로 규정 하고 있다. 우리의 경우 대리모에 관하여 명문의 규정도 없으며 민법 제103조의 선량한 풍속 기타 사회질서에 위반함을 이유로 대리모를 인정하지 않고 있다. 대리모 문제는 가족의 형태가 점차 혈연주의를 탈피하고 새로운 가족형태로 변화하고 있는 시점에서 혈연주의를 유지시키기 위한 시대에 역행하는 문제라는 비판이 될 수 있겠다. 하지만, 대리모를 부정한다는 것은 혈연관계를 중요하게 생각하는 우리나라의 경우 자녀를 얻기 위한 종족보존의 욕망을 지나치게 제한하는 것이라고 볼 수 있으며 불법행위를 조장하게 되는 문제를 내포하고 있는 것이다. 사회적 문화적으로 많은 변화를 거듭하고 있는 현실에서 국가가 불임부부들에게 대리모를 찾는 것을 민법 제103조 등에 의하여 무효로 보아 금지할 것이 아니라 대리모와 의뢰부부, 이미 출생한 자, 현재도 출생하고 있는 자, 출생을 앞둔 자들의 법률적 지위를 보호하기 위하여 법률을 제정해야 한다. With the development of bio-engineering in modern society, artificial insemination now makes pregnancy possible when one or both members of a couple are not fertile due to inborn or postnatal reasons. Also, single women or widows can now give birth to a child through this process. Depending on the body of the woman who is to be artificially inseminated, it can be grouped as inner artificial insemination, outer artificial insemination and surrogate mothers. Inner artificial insemination is when sperm is inserted into the woman's body, while outer artificial insemination is when the sperm and egg are inseminated inside a lab and then entered into the woman's body. Surrogate mothers are used when women who wish for a child, but cannot be pregnant through both inner and outer insemination methods, agrees with a surrogate mother to carry and give birth to the woman's child on their behalf. Though there are no problems with artificial insemination between couples, there are legal problems for non-couple artificial insemination. Moreover, there are particularly more problems when a surrogate mother is involved. Nations, according to their development of bio-engineering, have made legislations for artificial insemination depending on their social, religious, and ethical framework. However, in Korea there is still only the civil law article 844 on legitimacy of a child and legal custody that legislates this issue. According to the legality of child laws on artificial insemination and legal custody of them, Korea's judicial precedents of civil law article 844 have approved of it with no limitations, but in the 1980's it was recognized to be limited. However, the recent trends of judicial precedents have been recognizing blood relationships in a limited manner, and brings up the question of whether one's own profits are unconsidered and whether it prefers blood relationships, which is a retrograde step to practices of older times. In the case of surrogate mother agreements, most nations strictly forbid it as illegal because it can destroy people's dignity and social order. However, with evidence of infertility of a couple, and due to changing family relationships, surrogate mother agreements have been legally allowed to fit the social, ethical, and religious circumstances of that nation. Unfortunately, there are no related legislations as such in Korea. At a point when we are emerging from the importance of blood relationships, surrogate mother agreements can be following suit to a modern, but wrongful practice. However, denying surrogate mothers can be another way to make concubines, which was practiced in our history that placed great importance on blood relationships, evil and therefore should be approved in a limited manner.

Comparison of naturally mated and artificially inseminated Apis cerana queen

Yong Soo Choi,Nguyen Ngoc Vung,Myeong Lyeol Lee,Hye Kyung Kim,Dong Won Kim 한국응용곤충학회 2018 한국응용곤충학회 학술대회논문집 Vol.2018 No.04

Control mating is important aspect in bee breeding programs. The technique of artificial insemination is the possible one that can surely control mating of the selected drones with the virgin queen. This is the first time applied artificial insemination technique to control mating of A. cerana in Korea. Altogether 18 queens were artificially inseminated, and 2,000 drones of Korean A. cerana were used to evaluate amount of semen collection. Semen of A. cerana is much difficult to separate from mucus in comparing with A. mellifera. The average amount of semen can be collected from one A. cerana drone was 0.09 μl, whereas the A. mellifera was more than 6 times (0.58 μl semen per A mellifera drone). Obtaining 1 μl of semen have to collect from 11.94 drones that successful semen ejection and have to kill 17 A. cerana drones. Queens artificially inseminated with 4 μl of semen (once insemination) or 8 μl of semen (twice insemination, each with 4 μl of semen) started laying egg later than naturally mated queens 5.3 and 2.5 days, respectively. The onsets of oviposition of artificially inseminated queens were 12.5 to 15.3 days. Queens received twice inseminations started laying eggs 2.8 days earlier than those received only once insemination. Artificially inseminated queens produced exclusively brood and were similar as the naturally mated ones. The brood production of the queens received once insemination with 4 μl of semen was insignificantly different than those received twice inseminations or naturally mated ones, suggesting that one artificial insemination with 4 μl of semen is favorable.

보조생식의료에 있어서 계약법리의 적용

최행식 원광대학교 법학연구소 2008 圓光法學 Vol.24 No.2

The infertile married couples are the number of about 13.5% of all married couples by research of the Korea Institute of Healthful and Social Study. By Houses and Population Census in 2000, Infertile married couples are about 635,000 couples. The artificial insemination made the number of 21,154 by those infertile married couples. The number of 971 of all those artificial insemination made by non-spouse's sperms or opiums. The fertile surgical operation be practiced after the evaluation and diagnosis for a infertility through consult with doctor in medical center in sterile surgical operation contracts. namely, if it is diagnosis the infertility. the survey for the ovulation, the ovary, the oviduct and the sperm made. therefore, the causes for infertility made explicated. If the causes for infertility made explicated, the doctor have to explain the curative means and the dangerous elements for health to the infertile couple. then the infertile couples will choose the curative means and the duration of medical treatment for themselves. In cases of infertility by the ovulation and the ovary the treatment means is a fertility drugs. In cases of infertility by sperm-deficiency disease or sperm-asthenia disease the treatment means are artificial insemination, external fertilization and microfertilization. In cases of infertility by the oviduct or the womb the treatment means are the external insemination and the laparoscopy. The fertile surgical operation is not the medical practice in a emergency circumstances. therefore, it doesn't to burden or infringe for the patient'sbody. Also, the choose of diagnosis and treatment for infertility have to ensure the patient's self-determination because the methods of diagnosis and treatment for infertility are various. therefore, the doctor have to explain or acquire the patient's consent for the treatment means, the treatment contents, the treatment effect, the a expected side effect and the danger. The legal dispute for the artificial insemination are the regulation of behavior and the filiation. but in cases of the offer of sperms and the freezing storage, the contractual explanation is not almost disputed. The between the patient and medical center make medical contract. In cases of oviduct-exfoliation operation or clomiphene, this contract is not difference the general surgical medical contract. But in cases of using the sperm, opium and the fertilized eggs by third party's offer(the sperm offering contract), in cases of the third women's pregnancy and birth, the various problems come about. that is, the problems of the filiation and the regulation for behavior come about. whether or not these treatment is the medical act. the fundamental doubt exist. Therefore, in this thesis, I try to study the necessarily occurring problems in the process of the artificial insemination. in the side of contract law.

A New Device for Intrauterine Artificial Insemination in the Dog

Kong, I.K.,Yu, D.J.,Jeong, S.R.,Oh, I.S.,Yang, C.J.,Cho, S.G.,Bae, I.H.,Oh, D.H.,Kim, H.R.,Cho, S.K.,Park, C.S. Asian Australasian Association of Animal Productio 2003 Animal Bioscience Vol.16 No.2

The intrauterine inseminator (IUI) was developed to provide the method of depositing dog semen into the uterine body instead of the vagina. The IUI consists of a vaginal endoscope, a balloon sheath, and injection catheter. When the endoscope is inserted into the vagina and the balloon expanded with air, the cervical os becomes visible so a injection catheter can be inserted through the cervix for deposition of the frozen-thawed semen. The efficacy of the IUI device was compared to intra-vaginal artificial insemination using semen that had been collected and frozen from pooled sperm-rich fraction of ejaculates collected from two Jindo dog donors. Aliquots of semen were extended with a Tris-egg yolk diluent, centrifuged, the seminal plasma removed, the pellet resuspended with the same diluent, and cooled to $5^{\circ}C$ over a 2 h period. A Tris-egg yolk-glycerol extender was added at $5^{\circ}C$; after 1 h, semen was loaded into 0.5 ml straws, and straws were frozen in LN vapor for 5 min, and immersed in LN for storage. The final sperm concentration for freezing was approximately $100{\times}10^{6}cells/ml$. The straws were thawed at $70^{\circ}C$ for precisely 6 sec, 1.5 ml Tris-egg yolk buffer at $38^{\circ}C$ added, and the 2 ml of thawed semen was used for a single insemination using the IUI device. Each bitch was inseminated at optimal insemination point, which was estimated by vaginal epithelial cells staining and progesterone concentration analysis. Use of the IUI device resulted in 21 of 26 females giving birth to 89 pups ($4.2{\pm}1.6$ pups per litter), while intra-vaginal AI resulted in 6 of 15 females whelping a total of 17 pups ($2.8{\pm}1.2$ pups per litter). We believe the IUI device is easier to use than previously described devices used for intrauterine insemination. In our experience the expansion of the balloon has a calming effect on the bitch that aids the inseminator. These results indicate that the IUI device was able to provide high fertility with 50 million frozen sperm per insemination and two inseminations.

인공수정에 대한 윤리적 문제의 고찰 필요성 조사 연구

최정석 ( Jeong Suk Choi ),김건엽 ( Keon Yeop Kim ),홍장희 ( Jang Hee Hong ) 한국의료윤리학회 2005 한국의료윤리학회지 Vol.8 No.2

Purpose : This study was done to identify opinions and attitudes on the bioethical issues related to artificial insemination. Methods : The survey was done directly on medical students(99), professor(18), high school teacher(44), pregnant women(50), adults(151) and indirectly through internet on adults(390). Analysis samples included 752 cases and were analyzed using the SPSS-program for descriptive ststistics. Results : This study investigates social attitudes on the bioethical issues related to artificial insemination. About 69% of respondents agreed that artificial insemination was the proper treatment for infertility. 56% of them regarded donated-egg as a living existence. Therefore they emphasized that the remaininng of donated-egg were donated for other infertilized persons or medical science. Respondents were also worry over the bioethical issues related to artificial insemination. The bioethical issues were mainly related to parental authority, surrogate mother, egg donor, and surplus egg.

보조생식의료에 있어서 계약법리의 적용

최행식 원광대학교 법학연구소 2008 의생명과학과 법 Vol.1 No.-

The infertile married couples are the number of about 13.5% of all married couples by research of the Korea Institute of Healthful and Social Study. By Houses and Population Census in 2000, Infertile married couples are about 635,000 couples. The artificial insemination made the number of 21,154 by those infertile married couples. The number of 971 of all those artificial insemination made by non-spouse's sperms or opiums. The fertile surgical operation be practiced after the evaluation and diagnosis for a infertility through consult with doctor in medical center in sterile surgical operation contracts. namely, if it is diagnosis the infertility. the survey for the ovulation, the ovary, the oviduct and the sperm made. therefore, the causes for infertility made explicated. If the causes for infertility made explicated, the doctor have to explain the curative means and the dangerous elements for health to the infertile couple. then the infertile couples will choose the curative means and the duration of medical treatment for themselves. In cases of infertility by the ovulation and the ovary the treatment means is a fertility drugs. In cases of infertility by sperm-deficiency disease or sperm-asthenia disease the treatment means are artificial insemination, external fertilization and microfertilization. In cases of infertility by the oviduct or the womb the treatment means are the external insemination and the laparoscopy. The fertile surgical operation is not the medical practice in a emergency circumstances. therefore, it doesn't to burden or infringe for the patient's body. Also, the choose of diagnosis and treatment for infertility have to ensure the patient's self-determination because the methods of diagnosis and treatment for infertility are various. therefore, the doctor have to explain or acquire the patient's consent for the treatment means, the treatment contents, the treatment effect, the a expected side effect and the danger. The legal dispute for the artificial insemination are the regulation of behavior and the filiation. but in cases of the offer of sperms and the freezing storage, the contractual explanation is not almost disputed. The between the patient and medical center make medical contract. In cases of oviduct-exfoliation operation or clomiphene, this contract is not difference the general surgical medical contract. But in cases of using the sperm, opium and the fertilized eggs by third party's offer(the sperm offering contract), in cases of the third women's pregnancy and birth, the various problems come about. that is, the problems of the filiation and the regulation for behavior come about. whether or not these treatment is the medical act. the fundamental doubt exist. Therefore, in this thesis, I try to study the necessarily occurring problems in the process of the artificial insemination. in the side of contract law.

Ultrasound guidance versus the blind method for intrauterine catheter insemination: A randomized controlled trial

Mubarak, Sarah,Yusoff, Noor Haliza,Adnan, Tassha Hilda The Korean Society for Reproductive Medicine 2019 Clinical and Experimental Reproductive Medicine Vol.46 No.2

Objective: The primary objective of this study was to compare clinical pregnancy rates in intrauterine insemination (IUI) treatment cycles with transabdominal ultrasound guidance during intrauterine catheter insemination (US-IUI) versus the "blind method" IUI without ultrasound guidance (BM-IUI). The secondary objective was to compare whether US-IUI had better patient tolerability and whether US-IUI made the insemination procedure easier for the clinician to perform compared to BM-IUI. Methods: This was a randomized controlled trial done at the Reproductive Medicine Unit of General Hospital Kuala Lumpur, Malaysia. We included women aged between 25 and 40 years who underwent an IUI treatment cycle with follicle-stimulating hormone injections for controlled ovarian stimulation. Results: A total of 130 patients were recruited for our study. The US-IUI group had 70 patients and the BM-IUI group had 60 patients. The clinical pregnancy rate was 10% in both groups (p> 0.995) and there were no significant difference between the groups for patient tolerability assessed by scores on a pain visual analog scale (p= 0.175) or level of difficulty for the clinician (p> 0.995). The multivariate analysis further showed no significant increase in the clinical pregnancy rate (adjusted odds ratio, 1.07; 95% confidence interval, 0.85-1.34; p= 0.558) in the US-IUI group compared to the BM-IUI group even after adjusting for potential covariates. Conclusion: The conventional blind method for intrauterine catheter insemination is recommended for patients undergoing IUI treatment. The use of ultrasound during the insemination procedure increased the need for trained personnel to perform ultrasonography and increased the cost, but added no extra benefits for patients or clinicians.

번식률 향상을 위한 무인 발정발현 관찰시스템 구현

김석준(Kim, Suc-June),지선호(Jee, Sun-Ho),조현찬(Cho, Hyun-Chan),김춘수(Kim, Chun-Su),김현섭(Kim, Hyeon-Shup) 한국산학기술학회 2015 한국산학기술학회논문지 Vol.16 No.9

본 논문에서는 무인 발정발현 관찰을 통해 다두 사육 시 발생하는 공태를 줄이고, 정확한 수정적기 판단을 통해 번식률을 향상하고자 하였다. 무리 생활을 하는 소의 특성상 운동량의 증가 유무만으로는 발정 발현의 판단이 어렵기 때문에, 소의 운동량 수집 센서와 개체 정보 종합 관리 프로그램을 개발하여 무인 발정발현 관찰시스템을 구축하고 운동량 정보와 번식 정보를 이용하여 발정 발현 관찰 알고리즘을 개발하였다. 시스템과 알고리즘에 대한 성능 검증은 수정 전 시스템을 통해 수정적기를 관찰하고, 수정하고 21일 후 재발정 여부를 확인, 다음 21일 후 초음파 진단을 통해 수태여부를 확인하여 적절하게 수정적기를 판단하였는지 검증하였고, 이를 규모가 유사한 실제 축산 농가 4곳에서 수행하였다. 각 농가의 총 사육 두수는 87, 81, 93, 82두이며 관찰된 발정 예정인 소는 14, 19, 15, 17두 이다. 이중 미약발정에 해당하는 3, 2, 1, 3두는 관찰에 실패하였으나 정상발정에 해당하는 11, 17, 14, 14두의 발정을 감지하였고, 인공 수정 후 10(91%), 17(100%), 13(93%), 14(100%)두의 소가 수태하여 제안된 무인 발정발현 관찰 시스템이 정상발정 시 수정적기 판단에 유효함을 보였다. In the paper, we reduce non-pregnant conditions and improve impregnation rate by unmanned estrus detection and decide proper time for artificial insemination. It is too hard to detect estrus only by using activities, we develop unmanned estrus detection system that consist of RF activity sensors, cow management program and estrus detection algorithm that uses information of activities and breeding. We verify performance by experiments in four similar scale stockbreeding farmhouse. Each stockbreeding farmhouse breeds 87, 81, 93, 82 cows and expected estrus cows are 14, 19, 15, 17. In expected estrus cow, we fail in weak estrus detection - 3, 2, 1, 3 cows, but detect successfully normal estrus - 11, 17, 14, 14 cows. After artificial insemination, 10, 17, 13, 14 cows became pregnant successfully confirming that proposed unmanned estrus detection system is effective for deciding proper time for artificial insemination in normal estrus.

Artificial Insemination and Embryo Transfer Project to Foster Mongolia Dairy Industry

Tae-Hyeon Kwon,Naidansuren Durevjargal,민찬식,공일근,Byeong-Hyun Choi,Su-Jin Cho,Munkhbatar Tsolmon,Tumur Baldan 사단법인 한국동물생명공학회 2009 한국동물생명공학회지 Vol.24 No.4

Mongolia has 80% livestock of total agriculture industry, 170,000 farms are engaged, 2,500,000 of cows that were beef and dairy cows are raised. Despite of Mongolian has great application with milk, there are not clear differences between cow and dairy cattle, and the production of milk is also low. But the milk suppliers are varied (horse, sheep, goat, etc), so that the total milk production is 500 thousand ton per year. It's really considerable to improve the breed of owing to many problems with big differences among milk qualities. For carrying out for first year project, artificial insemination project was operated with 3rd grade Holstein semen that were imported from S. Korea, and initiation and field training were also carried out through appropriate AI technique we developed for Mongolia environment. Local information research and MOU conclusion were done with professor D. Altangerel in May 10th~13th, 2009, and development for AI technique and AI equipments were supplied for Mongolia breeding and natural environment in July 10th~17th in 2009. All cows were treated by synchronization for AI. To do this, PGF2α injection were treated for luteal phase cow, if it wouldn't work, try again after 11 days. After confirmation of estrus, AI and AI training were carried out with sperm injection in the uterus or cervix by rectum-vagina method which is common worldwide, the most effective artificial insemination technique. If cows were return to next estrus cycle, second AI was carried out about approximately 21 days after artificial insemination. After 2 months, all cows not showing return estrus should be taken pregnancy test. Every pregnant cow will be cared thoroughly. Total 48 cows administrated by PGF2α for synchronization and after 48 hours 45 cows (93.8%) showing estrus were detected and then artificial inseminate them within who 8 cows (27.8%) showed return estrus. Therefore, Using PGF2α for synchronization is effective to use for Mongolia breeding conditions. There are possibility of base for food production after all, including increase of livestock production in Mongolia by improvement of breeding cow with AI and embryo transfer project.

Correlations between Sperm Motility, SCSA (Sperm Chromatin Structure Assay) , Reproductive Performance and Heterospermic Fertility in Boars

In Cheul Kim,Jae Weon Ryu,Kyu Ho Cho,Joon-Ki Hong,Eun Ji Choi,Bong-Hwan Choi,Jun Cheol Park,Hong-Kil Moon,Jung-Ho Son 한국동물생명공학회(구 한국동물번식학회) 2008 Reproductive & developmental biology Vol.32 No.2

The objective of this study was two folds: to investigate the relationship between paternal identification rate and sperm quality parameters such as motility and sperm chromatin structure assay after heterospermic insemination; to see if mutual complement between tests and development of useful technique to enhance the fertility in artificial insemination. In individual boar's fertilizing ability, 3 high fertility boars showed significantly high fertility (p<0.05) compared to 3 low fertility boars, but there was no difference in litter size between two groups. Sperm motility test in pooled and individual semen using computer assisted sperm analysis (CASA) revealed that no significant difference among boars. The high fertile boar showed tendency of low %Red (High red fluorescence/green+red fluorescence) in sperm chromatin structure assay (SCSA) but paternal identification rate from piglets did not differ after heterospermic insemination. The correlation coefficient between individual or pooled semen function test and farrowing rates were well correlated as follows: %Red with litter size (r= - 0.53, p=0.03); %Red with paternal identification rates (r=-0.51, p=0.03); paternal identification rates with litter size (r=0.57, p=0.02). These results indicate that sperm chromatin structure assay and sperm quality parameter test in pooled semen are useful method to predict and evaluate the fertilizing capacity after heterospermic insemination in boars.