하계 세미나 발표 : 한국 사회에 있어서 개혁 법제의 현황과 향후의 과제 : 의료형법적 규제영역으로서의 생식적 복제와 치료적 복제 = A Study on the Reproduction Cloning and Therapeutic Cloning in the field of Medical Criminal Law

다국어 초록 (Multilingual Abstract)

The modem times has brought the possibility of human cloning to the brink of realization. Cloning methodologies can be differentiated into somatic nucleus cell transfer embryo splitting, and reproductive cloning and therapeutic cloning for the purposes of creation of human being. In particular, embryonic stem cell which can be differentiated into cell, tissue, and organ is increasingly becoming the focus of therapeutic cloning research. Some of the voices expressed against human cloning include the concern that the welfare and the freedom of the cloned humans can be invaded, that the modification of the traditional family structure centered around parents-children relationship can bring confusion to self-identity of the individual, that the reduction of the diversity of human genes can threaten the survival of the human race, and that cloning and modifying humans on as-need basis can manifest itself in the abusive eugenics practice. However, some advocates of human cloning justify human cloning as a right of reproduction. From the perspective of embryonic research, the arguments regarding the embryo center around two positions: one, that the embryo enjoys a person status from the time it is fertilized, and two, that the embryo enjoys a person status through a gradual progress. On the other hand, an issue remains as to whether the spare embryo and the cloned embryo should enjoy the same treatment. When looking at the researches performed at other countries, a consensus as to the ban on human cloning and creation of chimeras and hybrids between human and animal exists; however, as to the embryo-related researches, Japan and England tolerate by law the cloning of the embryo, and the United States passed a legislative initiative tolerating only the embryo researches for the purposes of the spare embryo. This research seeks to suggest the following. First, a strict ban on human cloning through creation of human being ; Second, a 14-day use restriction of embryo researches with medical applications; Third, restriction of embryo researches to only the spare embryo.