생명윤리관련 법률문제의 체계적 이해

이경환(Lee Kyung-Hwan),김재춘(Kim Jae-Chun),김영주(Kim Young-Ju) 한국법학원 2010 저스티스 Vol.- No.115

생명윤리영역은 윤리와 밀접한 관련을 맺고 있으므로, 생명윤리문제가 사회과학적 가치판단을 요한다 할지라도 법적 가치판단뿐만 아니라 윤리적 판단을 필요로 할 수밖에 없다. 따라서 생명윤리에 대해 법과 윤리를 이분법적으로 구분하여 설명하기 보다는 윤리적 판단까지 아울러 법을 적용해야만 보다 실제적인 검토가 이루어진다. 생명윤리문제는 생명권의 보호문제로도 이해되므로 여기에서는 이를 종합적ㆍ체계적으로 검토하고자 한다. 생명권을 논함에 있어서는 생명의 보호대상을 태아와 사람으로만 한정하지 않고 수정된 배아상태의 생명도 검토할 필요가 있으므로 이 논의는 먼저 생명의 시기와 종기가 규율되어야만 가능하다. 법은 사람의 사회생활을 규율하는 규범인바, 그중 형법은 윤리와 밀접한 관계가 있다. 그러나 생명윤리문제를 단지 형법적인 측면에만 국한하여 설명하기 보다는 근본적인 헌법상의 기본권으로서의 생명권과 아울러 생명윤리 및 안전에 관한 법률상의 배아문제를 검토해 보지 않고서는 이를 포괄적ㆍ체계적으로 설명할 수는 없다. 결국, 생명윤리로의 헌법과 형법 및 생명윤리 및 안전에 관한 법률의 체계적 접근을 통하여 보다 나은 생명윤리 문제를 이해함에 도움을 줄 것이고, 이는 종국적으로는 국민의 생명권 등 기본권보장의 향상에 기여하게 된다. The field of bioethics is closely related to ethics. Therefore, not only legal judgment but also ethical judgment shall be made for bioethical issues even if such issues require judgment in the perspective of social science. Accordingly, for the purpose of practical review on bioethical issues, laws shall be applied by taking ethical judgment into consideration rather than taking a dichotomous approach of law and ethics on bioethics. Since bioethical issues can also be understood as issues on protection of right to life, a comprehensive and systematic approach on bioethical issues will be made in this study. In discussing the right to life, there is a need to take into consideration life in the state of fertilized embryo rather than restricting the subject of life protection to embryo and human beings. This is only available when the beginning and end of a life is determined. Laws prescribe social activities of human beings and among them, Criminal Act is closely related to ethics. However, unless right to life as the basic right stipulated in the Constitution and issues on embryo based on Bioethics and Safety Act are reviewed, bioethical issues cannot be explained comprehensively and systematically simply by explaining bioethical issues in the perspective of Criminal Act. Eventually, one can have a better understanding of bioethical issues by taking a legal approach on bioethical issues through the Constitution, Criminal Act, and Bioethics and Safety Act. This will ultimately contribute to enhancing protection of basic rights including the right to life, etc. of the citizens.

제7차 교육과정 7~12학년 과학 및 생물 교과서 내의 생물 윤리 주제와 교수-학습 방법의 유형 분석

문경원,김영수 韓國生物敎育學會 2003 생물교육 Vol.31 No.3

To develop a web-based instructional model dealing with bioethical issues, decision-making, and problem solving, this study analyzed bioethical issues and their instructional methods of science and biology textbooks of 7th to 12th grades in the 7th science curriculum. In total 210 bioethical issues were found from 27 science textbooks and 12 biology textbooks. The middle school science textbooks (7th to 9th grades) contained lower number of bioethical issues than the high school science and biology textbooks (10th to 12th grades). Most of the bioethical issues in the middle school science textbooks were related to individual health problems. The 11th grade biology textbooks focused on human biology had the most bioethical issues. In total the bioethical issues related to 'artificial insemination', 'human genome project', 'environmental hormone' and 'human embryonic cloning' were dominant. And most them were found in the units of 'reproduction and development (9th to 11th grades)','biological science and human life (11th grade)', and 'biology and human future (12th grade)'. The most of the bioethical issues were in the category of social-moral value problems. The instructional materials for the bioethical issues were mostly reading material picture, inquiry, advanced work, performance evaluation, and small group project, and the majority of instructional approaches were inquiry, survey and discussion, open forum, data interpretation, role-playing, and moot. In high school biology textbooks, the most approaches were inquiry style.

예비 생물교사들의 생명윤리 논쟁거리에 대한 논증 활동의 효과

김선영 ( Sun Young Kim ) 韓國生物敎育學會 2015 생물교육 Vol.43 No.1

The purpose of this study is to explore the effects of preservice teachers`` argumentation on bioethical issues. The preservice teachers were given four bioethical issues of euthanasia, stem cell, GMO and global warming. They participated in the group discussion identifying claim, ground, warrant, backing, and rebuttal, and then wrote about each topic using Toulmin``s argumentation structure. The results indicated that the preservice teachers improved the problem solving ability, the critical thinking ability, and the understanding of nature of science after the intervention. The preservice teachers also recognized the importance of evidence, rebuttal, critical thinking, scientific knowledge related to bioethical issues. Furthermore, they mentioned that they have insights of how to teach secondary students when dealing with bioethical issues in their reflective journal.

생명윤리와 생명윤리교육에 대한 초등학교 교사의 인식 조사

박인옥,박지영,조은희,소경희,김희백,Park Inok,Park Jeeyoung,Cho Eun Hee,So Kyung-Hee,Kim Heui-Baik 한국초등과학교육학회 2005 초등과학교육 Vol.24 No.5

This study aims to examine primary school teachers' interest and understanding of bioethical issues, and to analyze their perception of bioethics teaching in the primary school education. For this purpose, the questionnaires were constructed. The data were collected from 553 primary teachers in the whole country. Major findings of the studys are as follows. First, most primary school teachers showed high level of interest about bioethical issues, but they had the limited understanding about bioethical issues. Primary teachers showed the highest interest about' respect for human life' and the lowest understanding of 'awareness of current biotechnology' Second, the prior reasons why primary teachers wanted to teach specific bioethical issues in the classes were that 'they were closely related to social phenomena' and 'they were appropriate for enhancing students' awareness of the value of life'. Third, the lack of the teachers' knowledge about bioethics and limited supply of teaching materials were found to be barriers, which prevent them from teaching bioethical issues. The implications of these results are discussed for the improvement of bioethics teaching in primary school education.

Scientific and Ethical Issues with an Institutional Review Board (IRB)’s Clinical Research Protocols in the IRB Review in a Teaching Hospital in South Korea

박지은,홍정화,한서경,김옥주 한국의료윤리학회 2016 한국의료윤리학회지 Vol.19 No.4

With the increased number of clinical trials being conducted in South Korea, Institutional Review Boards (IRBs) have acquired greater significance. In human clinical trials, unscientific studies may be unethical in light of their potential for causing harm to participants. Therefore, IRBs should review both the scientific and the ethical issues of any research protocol. However, research into the IRB review process is lacking in Korea. This study examined the protocols for clinical trials under the review of the IRB at Seoul National University Hospital. In total 1,244 protocols (752 between 2004 and 2006; 492 in 2013) were analyzed. Of these 22.7% were approved, 64.2% underwent minor revision, and 12.6% underwent major revision. In total, 62.2% of these protocols raised scientific issues, and 47.0% raised ethical issues. Among the scientific issues, “unclear sample size calculation” occurred most frequently. “Subjects’ recruitment/inclusion criteria” was the most frequently cited ethical issue. A total of 67.0% had consent issues and 41.3% raised questions about the case report form. Compared to the period from 2004 to 2006, the prevalence of protocols with “unclear study design” and those that raised questions about “privacy/personal data” increased in 2013. While scientific issues were the most frequent among investigator-initiated trials, consent issues were the most frequent in sponsor-initiated trials. Although all issues were significantly associated with the approval decision, the approval rate of studies with ethical issues was lowest. These results provide a basis for the development of guidelines for researchers by identifying common issues in clinical protocols

Korean Perspectives on Stem Cell Research : A Nation-wide Survey

Kwon, Ivo Ewha Institute for Biomedical Law & Ethics 2010 BIOMEDICAL LAW & ETHICS Vol.4 No.1

The scandal of Dr. Woo-Suk Hwang’s fabricated research paper in 2005 increased the Korean general public’s awareness of the importance of bioethics and research ethics in the stem cell research. In 2008, the Bioethics Policy Research Center(BPRC) conducted a survey to find out public opinions regarding this issue. The result of the survey provides the overview of the general public’s current understanding and perspectives toward the stem cell research and other researches using SCNT stem cell or the technique of nuclear transfer between different species. Most respondents indicated that they agreed with carrying out the “Somatic Cell Nuclear Transfer(SCNT)” stem cell research, although they showed the opinion of somewhat disappointed with the performance of the SCNT stem cell research. However, more than half of the respondents “strongly disagreed” or “disagreed” with the nuclear transfer between different species regardless of the religion, age or gender. Concerning human egg donation, many respondents indicated that the human egg donation could be allowed for some specific purposes such as the treatment for infertility, but sharply divided opinions were captured in this survey on the issue of giving monetary compensation to egg donors.

생명 윤리 쟁점에 관한 과학글쓰기에 나타난 고등학교 학생의 비판적 사고력 조사

심규철,송신철 韓國生物敎育學會 2011 생물교육 Vol.39 No.2

The purpose of this study was to evaluate critical thinking ability of high school students through scientific writing about bioethical issue. The instrument to evaluate critical thinking ability consisted of 7 components, which were question, purpose, information, concept (idea), assumption, conclusion and view. Subjects were 155 eleventh graders in Gyeounggi provinces. High school students were lacking in critical thinking ability. Especially, they had the lowest level in idea component of them. The results of this study suggested that it is necessary to develop teaching contents and programs to stimulate critical thinking. High school students need to be provided with educational tools to strengthen the underlying reasoning of knowledge and to be taught thinking skills to capture important key elements of reasoning.

윤리적 궁지 해결 수업이 고등학생의 의사결정 능력에 미치는 영향

지양석,정은영 한국생물교육학회 2017 생물교육 Vol.45 No.4

In this study, the worksheets for improving decision-making ability based on ethical dilemma solution model were developed and implemented in Life ScienceⅠ, and it was investigated that this ethical dilemma solution instruction made effect on high school students’ decision-making ability and their perception about this instruction. 6 topics were selected; ‘Huntington’s chorea’, ‘Zika virus’, ‘Coffee cultivation method’, ‘GMO’, ‘Testing cosmetics on ani- mals’, and ‘Brain science’. And 5 factors of decision-making steps were included in the worksheets; ‘Identification of problem’, ‘Generation of alternatives’, ‘Identification of values for selection criteria’, ‘Evaluation of alternatives’, and ‘Prediction of consequence’. 6 lessons were applied to 59 10th grade students. And decision-making ability test was carried out before and after lessons. As a result, the posttest score was higher than the pretest score (p<.001). The scores of ‘Identification of problem’, ‘Generation of alternatives’, ‘Evaluation of alternatives’ steps were increased meaningfully (p<.001) and those of ‘Identification of values for selection criteria’ and ‘Prediction of consequence’ were also increased meaningfully (p<.01). The result of analyzing the worksheets in each class showed that the scores of ‘Identification of problem’ and ‘Prediction of consequence’ were different significantly (p<.05). Most students replied to survey that they were interested in these classes and didn’t feel difficulty. And they were willing to participate these classes continuously and got some help to think about socioscientific issues. Based on these results, the ethical dilemma solution instruction are effective in improving high school students’ decision-making ability, and the students had positive thoughts about this instruction.

생명윤리 교수-학습 모형과 교수-학습에 적절한 생명윤리 논쟁거리 탐색

조희형,심미영 韓國生物敎育學會 2009 생물교육 Vol.37 No.2

There is a growing awareness of the bioethical issues among the public and in the media. There is also an increasing level of debate about the needs for teaching/learning the bioethical aspects of biological sciences and biotechnology in middle and high school biology textbooks. Based on the analyzed results of the necessities, objectives, themes, models, and methods of teaching/learning bioethics, this study explored the models for teaching/learning bioethics and the bioethical issues appropriate for each model-based teaching/learning in Korean secondary schools. Nine teaching/ learning models are described with the focus on the three categories of models. The bioethical issues are derived from the previous research on bioethics and bioethics in science education. The implications for the future research are also described at the last section of the paper.

The Discourse of National Population Crisis and Its Framing of Bioethical Issues in Contemporary South Korea

백영경 한국학중앙연구원 한국학중앙연구원 2009 Korea Journal Vol.49 No.3

Since the Hwang scandal, bioethics has come to occupy a significant place on the public agenda in South Korea. The South Korean state has expressed oftenconflicting interests in encouraging stem cell research and the in-vitro fertilization (IVF) industry to save the country while also introducing ethical regulations in conformity with “global standards.” This paper examines how the discourse of national population crisis has framed policy concerns and public debate on bioethical issues in contemporary South Korea, and investigates the changing biopolitics of South Korea through debates on the regulation of assisted reproductive technologies (ART) and surrogacy. In this process, the paper takes the technologies of reproduction as its main focus of investigation. As a potent symbol of both the past and future, reproduction has become one of the most contested topics in contemporary politics, connecting individual lives and collective entities. Starting with a short summary of the Bioethics Law in South Korea, this paper will examine the debate on legal regulation of assisted reproduction and the controversial issue of surrogacy in the context of the depopulation crisis. Since the Hwang scandal, bioethics has come to occupy a significant place on the public agenda in South Korea. The South Korean state has expressed oftenconflicting interests in encouraging stem cell research and the in-vitro fertilization (IVF) industry to save the country while also introducing ethical regulations in conformity with “global standards.” This paper examines how the discourse of national population crisis has framed policy concerns and public debate on bioethical issues in contemporary South Korea, and investigates the changing biopolitics of South Korea through debates on the regulation of assisted reproductive technologies (ART) and surrogacy. In this process, the paper takes the technologies of reproduction as its main focus of investigation. As a potent symbol of both the past and future, reproduction has become one of the most contested topics in contemporary politics, connecting individual lives and collective entities. Starting with a short summary of the Bioethics Law in South Korea, this paper will examine the debate on legal regulation of assisted reproduction and the controversial issue of surrogacy in the context of the depopulation crisis.