인간복제를 규제하는 국제규범 -「생명윤리 및 안전에 관한 법률」의 문제점과 개정방향 모색-

류병운 ( Byung Woon Lyou ) 홍익대학교 법학연구소 2014 홍익법학 Vol.15 No.1

Human cloning is a very difficult problem staying on a coordinate which includes human lives and the need for regulation against cloning activity to avoid any disaster caused by the birth of cloned offspring. The human fetus is originated from the early stage of a life, a human embryo. Thus the national obligation to protect lives should be logically expanded to the protection of human embryos as well as the effort to eliminate any risk intimidating sound existence of them. The possible methods to regulate cloning activities divide by ① the total ban on any kind of embryo production or cloning ② the partial permission of embryo production or closing for the purpose of biomedical technology research which still prohibits implanting a cloned embryo into a woman`s uterus or other cultivation environment like pregnancy. As a result the method of ② means the utilization of cloned embryo for the purse of treatment, which accompanies the controversies against balance and conflict for interests between a life and a life. 「United Nations Declaration on Human Cloning」demands UN member countries to adopt all necessary methods for proper protection of human lives, to prohibit human cloning (including embryo cloning) which is not matched with the dignity of man as well as life protection, to ban genetic engineering against human dignity, and to adopt any method protecting the utilization of women as domestic law. Under Article 1 of the 「Additional Protocol to the Convention for the Protection of Human Rights and Dignity of the Human Being with regard to the Application of Biology and Medicine, on the Prohibition of Cloning Human Beings」, “Any intervention seeking to create a human being genetically identical to another human being, whether living or dead, is prohibited.” Most of countries currently prohibit human cloning including treatment purpose as a domestic law. Jumping on the vague hope of general public which was created by the fabrication of experimental results done by Dr. Hwang Woo-Suk and the exaggeration of treatment effects using by somatic cell cloning embryo, it is a big problem to legislate 「the Life Ethics and Safety Act」which restrictively allows embryo cloning. Especially the embryo exchange done by a researcher in Hwang Woo-Suk case practically shows the possibility that embryo cloning for treatment purchase could be abused as reproductive human cloning. According to the international rule or the legislative examples of other countries, 「the Life Ethics and Safety Act」should be reformed as strictly banning human cloning. To prohibit reproductive human cloning, all kinds of human embryo cloning would be completely banned. It would not be late to review the amendment of this law later when the need of embryo cloning for treatment purpose is clearly proved. As another alternative, embryo cloning for treatment research purpose would be limitedly allowed however the enforcement of the legislation would be deferred until it is proved that ① embryonic stem cells are overwhelmingly superior to non-embryonic stem cells for the treatment of intractable disease ② embryonic stem cells have more outstanding biomedical value than the embryonic stem cells formed from IVF.

An analysis of the British and American policies on human cloning

John Michael McGuire 한국생명윤리학회 2002 생명윤리 Vol.3 No.1

Human cloning raises exciting medical possibilities as well as serious ethical questions. All countries with scientists or research centers involved in cloning research must sooner or later make decisions about how much, or which parts, of this research to allow and how much, or which parts, to prohibit. Korea is one such country, a country in which a significant level of cloning research is being carried out but in the absence of clear laws or regulations. It is expected that the Korean Ministry of Science and Technology will introduce legislation concerning human cloning to the National Assembly in 2002. However, before it does so, it is crucial that the Ministry and other concerned parties consider carefully the policies on human cloning that have been embraced by the British and American governments. Britain and the U.S. are widely recognized as the current leaders in cloning research. They are also among the first nations to host serious and sustained public policy debates on human cloning. The policies that have emerged from these debates in Britain and the U.S. are strikingly different. This paper provides and examination of the background and content of the British and American policies in an attempt to contribute to the debate that has yet to take place in Korea. The conclusion of this examination is that while the proposed American policy is seriously flawed from an ethical point of view, the British government has framed an exemplary policy on human cloning, one that other countries, including Korea, would be well advised to follow.

Human Cloning에 관한 미국헌법학계의 논의

정연철(Chung Yeon-Chul) 한국비교공법학회 2006 公法學硏究 Vol.7 No.1

It is patent that human cloning ought not to proceed to the clinical research stage. A short teem moratorium on clinical trials of human cloning is clearly warranted on safety grounds alone, because as noted elsewhere there is no obvious pathway from animal to human research that does not involve significant risks to human subjects. As we have noted elsewhere, it is doubtful even in the long term that any individual or couple will present a rationale for the use of such technologies that is compelling enough to warrant the incumbent risks. It is also quite clear that any restrictions on research involving human cloning should be crafted carefully so as to ensure that scientific research in infertility medicine, including research on embryos, not be stifled by doctrinaire attacks on scientific freedom. In addition to technological distinctions between clones and babies of more ordinary, there would obviously be important distinctions between the social and parental roles of those who 'make' clones, and those who parent other babies. 'Strictly' speaking, it was argued early in the debate, the female donor of DNA to a clone(who gives that clone her chromosomes) is not the mother but a twin, and the father but brother-in-law. this has bearing not only on the social but also legal meanings of parenthood. e.g. would the clone inherit from the father or the grandfather? The worldwide legislative hyperventilation and U.S. Presidential declarations on human cloning followed in the weeks after Dolly's birth. The President funded a national bioethics commission to discuss cloning, which issued a fairly predictable call for a temporary ban on human cloning. Legislation to ban cloning was tabled in the House after some discussion. It began to seem that cloning was an issue that could wait, since human cloning was so much more complex than sheep cloning. This paper has a aim of introduction of American Constitutional pro-con debate on human cloning in review of related articles on them.

한국의 생명복제 논쟁

박희주(PARK Hee-Joo) 한국생명윤리학회 2002 생명윤리 Vol.3 No.1

This study documents cloning controversies in S. Korea. The development of Korean episodes divide into three periods. First, the news from Scotland in the early 1997 ignited the cloning controversy in Korea. The technology that gave birth to Dolly could be used for human cloning. This possibility touched the ethical nerve cord of the many religionists and philosophers in Korea. This was, however, a mere reaction of Korean society to a scientific breakthrough made in a foreign country. In the second period, cloning became a national issue of her own when some Korean scientists successfully developed their own cloning technology. For instance, Hwang Woo Suk, professor of veterinary science at Seoul National University, cloned a cow in 12 February 1999, that was the world's fifth success in animal cloning. This produced mixed responses of national pride and horror. In the third period, the focus of cloning controversy shifted to the therapeutic cloning. If the ethical concern on human cloning dominated the first and second period, medical and economical concerns were strongly expressed by the supporters of this new technology. Therapeutic cloning used cloned human embryo from which stem cells were extracted. This process inevitably involves destruction of the human embryo, that raised serious ethical concern. Therefore, an alternative method was developed to avoid such an ethical hurdle, that used adult somatic cells as a source for stem cells. Now the relative merits of these methods in terms of medical, economical and ethical concerns are weighed and this consists of the core of the present disputes over therapeutic cloning.

연구논문 : 구조론적 가치체계에서 본 인간 복제 논의

안승병 한국대학선교학회 2004 대학과 선교 Vol.7 No.-

The aim of this article is to analyze the current debate on human cloning within the framework of the structural value system. In particular, the ethical and religious implications of human cloning were surveyed in regards to the human genome project, human embryo cloning, and human cloning. Positions on human cloning technology can be divided into three broad categories. The first category includes those who embrace cloning technology, emphasizing the efficacy of that technology. The second group takes a negative position on human cloning owing to their strict and absolute view of life. There is a middle group between these two extremes, which takes a more cautious position on cloning. This group admits the usefulness of cloning technology, but insists upon the necessity of strict regulation of this technology. This article attempts to associate these three positions with structural value systems. Structural value systems have three layers: basic value targets, ultimate ends, approximate goals. What is the ultimate end of human beings? Experimentalism describes basic human need as the catalyst which makes human beings act in a certain direction. In that analysis, experimentalism explains why humans have failed to uphold their absolute obligations. In the basic value system, philosophers associate basic human needs with value. Physical needs compel humans to seek money. Intellectual needs compel them to seek power. Emotional needs compel people to seek reputation. The attempts of various individuals to meet these needs results in a conflict of desires among individuals and groups. These conflicts maybe resolved by compromise, eventually leading to fair distribution. The approximate value system defines this fair distribution as "justice." If this justice is to become genuine justice, it must attain the ultimate values of love, freedom and peace. Among these three value systems, the basic value system, seeking to fulfill basic needs such as money, power, reputation and health, will be positively associated with the position which advocates the usefulness of cloning technology. The "ultimate end" philosophers, emphasizing human dignity and the sanctity of life, and who usually pursue peace, freedom and love for humankind, will take a negative position regarding human cloning technology. Those people advocating cautious permission for cloning think that there are fair and justifiable regulations and controls which can resolve the conflict and confusion arising from freely seeking basic needs. This group can be associated with the approximate value system. Ultimate end philosophers take an unrealistic position. That is a weakness. The approximate value position can offer a realistic alternative in the pursuit of justice. In other words, in applying the ideal of ultimate love to reality, there must be some kind of compromise for justice. In the context of human cloning, cautious permission, which not only advocates ultimate value, but also recognizes the realistic need for cloning, can be defined as an approximate approach to human cloning. This approach, while warning of the dangers involved in human cloning, insists on taking responsibility for ultimate human value and considering potential damage to the ecological system. An example of the cautious permission approach toward embryo cloning experimentation which aims to utilize stem cell research would be to replace it with adult stem cell research in order to uphold the principle of ultimate ends which cherishes human dignity. Author opposes the cloning of human individuals using cloning technology due to the lack of an approximate alternative which can protect human dignity.

Human Cloning에 관한 영국의 법적 관점

鄭然喆(Chung Yeon-Chul) 한국비교공법학회 2005 公法學硏究 Vol.6 No.1

The Cloning of a Finn Dorset sheep, Dolly, on 5th July, 1996, has inevitably raised speculation about when the first human clone will emerge. The rapidity of scientific advance and in particular advance in the field of genetics and reproduction has left our moral, medical and legal categories in disarray. Not a good deal has already published on the implication of Cloning but in this article I would only attent to consider the legal implication specifically of Human Cloning in United Kingdom. The reason why I chose United Kingdom is that the technology of cloning implicated for the first time in this country. Main subjects on this article are general concept of Cloning, Human Tissue Act 1961, revision of Congenital Disabilities(Civil Liability) Act 1976, legal position of Report of the Committee of Enquiry into Human Fertilisation and Embryology HMSO 1984, Human Organ Transplants Act 1989, Human Fertilisation and Embryology Act 1990.

국내 분리 일본뇌염 바이러스 유전자에 대한 항체생성 연구(Ⅰ) : cloning of JEV viral genes

박찬,최우영,이호동,채수림,신은진,김인범,표재환,박근용,조해월 국립보건연구원 1999 국립보건원보 Vol.36 No.-

TAR cloning 법에 의한 인간 및 마우스의 상동성 HPRT 유전자의 분리

도은주,김재우,정정남,박인호,임선희,Do, Eun-Ju,Kim, Jae-Woo,Chung, Chung-Nam,Park, In-Ho,Leem, Sun-Hee 한국생명과학회 2006 생명과학회지 Vol.16 No.6

TAR (Transformation-Associated Recombination) cloning법은 복잡한 고등생물의 게놈으로부터 유전자나 특정 염색체 부위를 선별적 분리를 가능하게 한다. 이 방법은 목적으로 하는 염색체 부위의 주변에 존재하는 비교적 짧은 게놈 염기서열에 대한 정보를 필요로 한다. 이 기술은 출아효모의 spheroplasts 형질전환 동안 목적 유전자를 포함한 게놈 DNA와 그 유전자의 5' 또는 3' 말단 서열 (hook)을 포함하고 있는 TAR vector 사이에 일어나는 상동성 재조합에 의해 이루어진다. 본 연구에서는 TAR cloning 법을 상동성 유전자의 분리에 사용할 수 있는가를 조사하기 위해, 연간과 마우스 게놈의 HPRT 유전자를 선택하였다. 그 결과, 인간과 마우스의 게놈으로부터의 HPRT 유전자의 분리 빈도는 TAR vector로서 hHPRT hook 혹은 mHPRT hook을 사용한 경우에 거의 동일하게 나타났다. 또한 mHPRT 유전자의 gap 부분의 염기서열을 결정하여, 이 부분에 염기서열의 불안정의 요인이 되는 비정상적 특성을 발견하였다. 결론적으로 TAR cloning법을 이용하여 다른 이종 간의 게놈으로부터 상동성 유전자 즉 orthologue의 분리가 가능하였다. 더욱이 TAR cloning 시스템을 이용하여 고등동물 게놈 상에 남아있는 gap 부분을 메움으로서 고등동물의 모든 유전자들의 확인이 가속화될 수 있을 것으로 사료된다. The transformation-associated recombination (TAR) cloning technique allows selective isolation of chromosome regions or genes from complex genome. The procedure requires knowledge of relatively small genomic sequences that reside adjacent to the chromosome region of interest. This method involves homologous recombination during spheroplast transformation between genomic DNA and a TAR vector that has 5' and 3' gene targeting sequences (hooks). To examine whether TAR cloning can be applied to the isolation of gene homologues, we chose the HPRT genes from human and mouse genome. As results, the yield of positive clones for HPRT gene from human and mouse genome when using a TAR vector containing mHPRT hook or hHPRT hook was almost same level. Analysis of the gap regions in mHPRT revealed that they contain abnormalities that could result in instability of the sequences. In conclusion, we were able to use the TAR cloning technology to isolate gene homologue (orthologue) from nonidentical genome. Moreover, the use of the TAR cloning system may accelerate work on closing the remaining gaps in mammalian genome to achieve the goal of annotation of all mammalian genes.

Positive-Selection and Ligation-Independent Cloning Vectors for Large Scale in Planta Expression for Plant Functional Genomics

오상근,김샛별,염선인,이현아,최도일 한국분자세포생물학회 2010 Molecules and cells Vol.30 No.6

Transient expression is an easy, rapid and powerful technique for producing proteins of interest in plants. Recombinational cloning is highly efficient but has disadvantages,including complicated, time consuming cloning procedures and expensive enzymes for large-scale gene cloning. To overcome these limitations, we developed new ligationindependent cloning (LIC) vectors derived from binary vectors including tobacco mosaic virus (pJL-TRBO), potato virus X (pGR106) and the pBI121 vector-based pMBP1. LIC vectors were modified to enable directional cloning of PCR products without restriction enzyme digestion or ligation reactions. In addition, the ccdB gene, which encodes a potent cell-killing protein, was introduced between the two LIC adapter sites in the pJL-LIC, pGR-LIC, and pMBP-LIC vectors for the efficient selection of recombinant clones. This new vector does not require restriction enzymes, alkaline phosphatase, or DNA ligase for cloning. To clone, the three LIC vectors are digested with SnaBI and treated with T4 DNA polymerase, which includes 3′ to 5′ exonuclease activity in the presence of only one dNTP (dGTP for the inserts and dCTP for the vector). To make recombinants, the vector plasmid and the insert PCR fragment were annealed at room temperature for 20 min prior to transformation into the host. Bacterial transformation was accomplished with 100% efficiency. To validate the new LIC vector systems, we were used to coexpressed the Phytophthora AVR and potato resistance (R) genes in N. benthamiana by infiltration of Agrobacterium. Coexpressed AVR and R genes in N. benthamiana induced the typical hypersensitive cell death resulting from in vivo interaction of the two proteins. These LIC vectors could be efficiently used for high-throughput cloning and laboratory-scale in planta expression. These vectors could provide a powerful tool for high-throughput transient expression assays for functional genomic studies in plants.

Positive-Selection and Ligation-Independent Cloning Vectors for Large Scale in Planta Expression for Plant Functional Genomics

Oh, Sang-Keun,Kim, Saet-Byul,Yeom, Seon-In,Lee, Hyun-Ah,Choi, Do-Il Korean Society for Molecular and Cellular Biology 2010 Molecules and cells Vol.30 No.6

Transient expression is an easy, rapid and powerful technique for producing proteins of interest in plants. Recombinational cloning is highly efficient but has disadvantages, including complicated, time consuming cloning procedures and expensive enzymes for large-scale gene cloning. To overcome these limitations, we developed new ligation-independent cloning (LIC) vectors derived from binary vectors including tobacco mosaic virus (pJL-TRBO), potato virus X (pGR106) and the pBI121 vector-based pMBP1. LIC vectors were modified to enable directional cloning of PCR products without restriction enzyme digestion or ligation reactions. In addition, the ccdB gene, which encodes a potent cell-killing protein, was introduced between the two LIC adapter sites in the pJL-LIC, pGR-LIC, and pMBP-LIC vectors for the efficient selection of recombinant clones. This new vector does not require restriction enzymes, alkaline phosphatase, or DNA ligase for cloning. To clone, the three LIC vectors are digested with SnaBI and treated with T4 DNA polymerase, which includes 3' to 5' exonuclease activity in the presence of only one dNTP (dGTP for the inserts and dCTP for the vector). To make recombinants, the vector plasmid and the insert PCR fragment were annealed at room temperature for 20 min prior to transformation into the host. Bacterial transformation was accomplished with 100% efficiency. To validate the new LIC vector systems, we were used to coexpressed the Phytophthora AVR and potato resistance (R) genes in N. benthamiana by infiltration of Agrobacterium. Coexpressed AVR and R genes in N. benthamiana induced the typical hypersensitive cell death resulting from in vivo interaction of the two proteins. These LIC vectors could be efficiently used for high-throughput cloning and laboratory-scale in planta expression. These vectors could provide a powerful tool for high-throughput transient expression assays for functional genomic studies in plants.