보조생식의료에 있어서 계약법리의 적용

다국어 초록 (Multilingual Abstract)

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.

목차 (Table of Contents)

• Ⅰ. 서론
• Ⅱ. 보조생식의료의 유형과 검토
• 1. 보조생식의료의 유형
• 2. 검토
• Ⅲ. 정자 등 제공계약의 성립과 유효성
• 1. 계약의 주된 내용
• 2. 정자제공계약과 공서양속
• 3. 정자제공계약의 특질
• Ⅳ. 정자제공계약
• 1. 정자제공계약의 당사자
• 2. 위법한 정자제공계약의 처리
• Ⅴ. 대리임신계약
• 1. 문제의 제기
• 2. 대리출산계약의 근거로서의 공서양속론
• Ⅵ. 결론
• 참고문헌
• ABSTRACT

참고문헌 (Reference)

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7 川島武宜, "注釋民法③" 有斐閣 1973

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11 보건복지부, "2005년도 배아보관 및 제공현황 조사결과" 2006