배아단계의 인간생명에 대한 형법적 보호 = The Protection of Human Embryo by Criminal Law

다국어 초록 (Multilingual Abstract)

An experiment to clone a human embryo has already taken place under the present conditions. We are in the middle of a fierce debate over backing biomedical research that uses cells from human embryos. Finding consensus among the social groups will be challenging for now. Scientists believe research using stem cells from embryos will be needed in the foreseeable future to determine their value in therapy for human disease and our understanding of stem cell development. Although unprecedented ethical issues and potential dangers to humanity lurk behind embryo cloning, it also has the potential to provide treatments and cures for major diseases such as juvenile diabetes, Alzheimer's disease and Parkinson's disease. Yet some people criticize cloning technology. There are many who object to use of human embryonic stem cells for research on moral or religious grounds. Such ethical concerns relate to two issues, one the instrumentalization of human embryos, i.e. the reproduction of life to a commodity, and two, deep concern about the risk of a slide from the cloning of human beings(reproductive cloning). Some people view embryo research as intrinsically immoral as they believe that from the moment of conception the human embryo has the full status of a human person. Such a viewpoint can not countenance any experimental procedure which entails the destruction of embryos, as the derivation of stem cells must. Another opposing concern is the integrity of individuals and their right not to be treated as a commodity. They said, all forms of cloning violate natural laws, and sooner or later it is destined to destroy all of humanity while spawning social chaos. The fundamental properties of our existence as well as nature will be distorted. What's more, the definition of relationships and social institutions, such as maniage and family, will have to be redefined. This article is concerns the protection of embryo in criminal law. It concerns an area of biological research believed to have great promise for the treatment of many serious, chronic medical diseases for which current therapies are inadequate. However these studies evoke important moral and ethical issues, as well as strong emotions. Therefore, scientific research in this field should be undertaken by simultaneously addressing the ethical issues. The policy recommendations set out in this paper address both these scientific and ethical concerns. Though the implementation of regulations on cloning technology is urgently needed in South Korea, regulations are only in the process of being reviewed by the National Assembly. The National Assembly discussed revising the Biotechnology Promotion Act to add regulations concerning bioethics and biosafety, but the legislation program did not pass. As necessary as cloning regulations are in Korea, the National Assembly to take its time in legislating the new law. This article supports this recommendation and urges government legislators to enact legislation to ensure that such research is properly regulated and controlled. And, this recommendation endorses the view that reproductive cloning should not be permitted but that studies involving therapeutic cloning should be allowed, although under tightly controlled regulations. As with the derivation of stem cells from surplus embryos. the moral debate centres round the question of adequate legislative controls, to draw limits on what is permitted in scientific research in this field. Without clear and enforceable legislation, there would be nothing to stop the slide to reproductive cloning. Thus, I wish to see that appropriate measures are put in place as soon as possible.

목차 (Table of Contents)

• Ⅰ. 들어가며
• Ⅱ. 인간복제를 둘러싼 이론적 배경
• Ⅲ. 인간 배아에 대한 형법적 보호
• Ⅳ. 나가며
• Abstract